Under New York State and in most states, a claim for personal injuries requires an intentional or negligent act by a private individual or fictional entity that results in a harmful or offensive injury to another person. A person may be entitled to compensatory damages, which are designed to put the injured person back in the position they were in prior to the accident. Compensatory damages include medical costs associated with the treatment for the injury, loss of income and pain and suffering. New York and most states are comparative fault jurisdictions, which means that your claim for compensatory damages may be reduced when apportioned as to level of fault. Unlike workers’ compensation law, fault of each party is taken into account to determine the amount that the claimant may recover.