Short summary: A woman dragged beneath a city bus in 2017 has a $37 million pain and suffering award standing, after the Appellate Division, First Department, cut a larger jury verdict in September. The New York Law Journal reported that the reduced figure still appears to be a record for pain and suffering. The case took about nine years. It also started with a 90-day deadline that most New Yorkers do not know exists.
What happened
According to the New York Law Journal, the First Department reduced a jury's multimillion dollar damages award on September 17, 2026. What remains is $37 million for pain and suffering: $20 million for past pain and suffering and $17 million for future pain and suffering. The crash happened in 2017.
Why appeals courts cut big verdicts
In New York, appellate courts can reduce a jury's award when it deviates materially from what is reasonable compensation, judged against earlier cases. That is why big verdicts often come back smaller. Here the court cut the number, but left one that still stands out. Awards like this generally reflect the severity and permanence of the injuries, and years of future pain.
The 90-day clock on bus cases
A claim against a public transit agency or the city is not like a claim against a private driver. Before suing, the injured person generally has to file a Notice of Claim within 90 days of the crash. The lawsuit itself generally has to be filed within one year and 90 days. Miss the first deadline, and the case can be over before it starts. We explained how that clock works in our post on a Brooklyn MTA police vehicle crash.
Pedestrians and bus passengers get no-fault too
Buses are a special case under New York no-fault rules, and benefits for bus passengers and pedestrians hit by buses generally come through other policies first. That makes the early paperwork confusing. It is one more reason to get advice early. Our page on people hit by a car in Manhattan covers the first steps.
Questions New Yorkers ask us
How long do I have to make a claim after a city bus hits me?
Generally, a Notice of Claim has to be filed within 90 days, and a lawsuit within one year and 90 days. Some exceptions exist, but they are narrow.
Why do court cases like this take so long?
Generally because serious injury cases need years of medical records to show the full harm, and appeals add more time. Many cases settle sooner, but the deadlines at the start do not change.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: New York Law Journal.
