New York
Pre-Settlement Funding in New York
If you have an active personal injury lawsuit in New York and need cash now, pre-settlement funding gives you a non-recourse advance against your case's expected value. There's no credit check, no monthly payments, and you repay only out of your settlement — if your case doesn't win, you generally owe nothing back.
New York's legal landscape has a few features that matter for funding review: a pure comparative negligence rule, a relatively generous three-year filing window, and, for car accident claims, a no-fault threshold that affects whether you can sue at all.
Know the Law
New York Personal Injury Law: What Affects Your Case
New York's pure comparative negligence rule is favorable to plaintiffs compared to many other states — even a plaintiff who is 70% at fault can still recover the remaining 30% of their damages. This matters for funding review because disputed-fault cases that would be disqualifying elsewhere may still have real value in New York.
| Fault Rule | Pure comparative negligence — you can recover damages even if you are mostly at fault, reduced by your percentage of fault. |
|---|---|
| Statute of Limitations | Generally 3 years from the date of injury for personal injury claims (CPLR § 214). |
| Damages Caps | No general cap on compensatory damages in personal injury cases, including medical malpractice — New York is one of the few states without a med-mal non-economic damages cap. |
| Auto Accident Note | New York's no-fault insurance system requires meeting a 'serious injury' threshold (Insurance Law §§ 5102, 5104) before suing for pain and suffering in most car accident cases. |
| Liability Note | CPLR Article 16 limits joint and several liability for non-economic damages for defendants found 50% or less at fault in most cases. |
Eligibility
Who Qualifies for Funding in New York
Most active New York personal injury cases with representation can be reviewed for funding, including car accidents, construction accidents (a significant category in New York given Labor Law § 240, the 'Scaffold Law,' which holds property owners and contractors strictly liable for certain gravity-related construction injuries), slip and fall, premises liability, and medical malpractice.
For car accident claims, your attorney will need to confirm whether your injuries meet New York's no-fault 'serious injury' threshold — this affects both your ability to pursue a lawsuit and, in turn, how a funding company evaluates the case.
Why It Matters
Why New York Cases Can Take Time to Resolve
New York City and many of the state's busiest courts carry significant case backlogs, which can extend timelines for cases that proceed to litigation. Combined with the time needed to reach maximum medical improvement, many New York personal injury cases take well over a year to resolve — pre-settlement funding exists to help cover expenses during that wait without pressuring you into an early, lower settlement.
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Q&A
Frequently Asked Questions
Can I get pre-settlement funding for a New York car accident case?
Yes, as long as your case is active and your attorney has confirmed your injuries meet New York's no-fault serious injury threshold for pursuing a lawsuit.
Does being partly at fault disqualify me in New York?
Not necessarily. New York's pure comparative negligence rule allows recovery even when you are majority at fault, with damages reduced proportionally — your case can still have funding value depending on the overall numbers.
How long do I have to file a personal injury claim in New York?
Generally three years from the date of injury, though some claim types (such as claims against government entities) have much shorter notice deadlines — confirm your specific deadline with your attorney.
Are construction accident cases eligible for funding?
Yes. Construction accident cases, including those brought under New York's Scaffold Law, are a case type Caseflow Capital regularly reviews for funding.
How fast can a New York case be reviewed?
Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.
New York
Ready to Apply?
If you have an active personal injury case in New York, apply with Caseflow Capital today — most reviews are completed within 24 hours.