Content reviewed by:
Alex Shulman
What counts as a serious injury under New York law depends on the injury and its effects on a person‘s body, daily activities, or long–term health. In many car accident cases, meeting this legal threshold is necessary before an injured person can seek damages for pain and suffering.
Determining whether an injury qualifies is not always straightforward. Medical records, test results, and other evidence can help establish whether you have a claim for damages. Our Manhattan car accident lawyer will evaluate your situation and explain your legal options for recovery.
Why Does New York Have a Serious Injury Requirement?
In New York, most car accidents fall under a no-fault insurance system. The law was created to limit lawsuits involving minor injuries and reserve the courts for claims involving more serious harm.
Under New York Insurance Law § 5104, injured people usually receive benefits through no-fault insurance for medical expenses and certain lost wages, regardless of who caused the crash.
There are limits to what no-fault benefits cover. A person who wants to seek damages for pain and suffering generally must show that the injury meets New York’s serious injury standard. Because of this requirement, a key issue in many cases is whether the injury qualifies under the law.
How Does New York Define a Serious Injury?
You can find the state’s definition of a serious injury at New York Insurance Law § 5102(d). The law includes several categories that may qualify.
Examples include:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent limitation of the use of a body organ or member
- Significant limitation of the use of a body function or system
Meeting one of these categories may allow an injured person to pursue damages beyond no-fault benefits.
What Injuries Commonly Meet the Serious Injury Threshold?
Every case is different, but some injuries frequently satisfy New York’s serious injury requirements.
Broken Bones
A fracture is specifically listed in the statute. Even a fracture that heals over time may qualify as a serious injury under New York law.
Traumatic Brain Injuries
Head injuries can affect memory, concentration, speech, balance, and other important functions. Medical testing and treatment records often play a major role in proving these claims.
Spinal Cord Injuries
Damage to the spinal cord may lead to partial paralysis, loss of sensation, or permanent physical limitations. These injuries often satisfy multiple serious injury categories.
Herniated Discs and Back Injuries
A herniated disc occurs when one of the discs between the bones of the spine is damaged. Depending on the severity of the injury, a person may experience pain, numbness, weakness, or reduced mobility.
Severe Scarring
Visible scars on the face or other noticeable areas on the body may qualify as significant disfigurement. Courts can look at the scar’s location, size, and appearance.
Permanent Joint Injuries
Serious damage to the shoulder, knee, hip, ankle, or other joints may limit movement and daily activities for years.
What Evidence Is Used to Prove a Serious Injury?
Insurance companies often challenge serious injury claims. Strong evidence can make a major difference.
Helpful evidence can be:
- Medical records
- Diagnostic imaging, such as MRIs and CT scans
- X-rays
- Surgical records
- Physical therapy records
- Doctor reports
- Specialist evaluations
- Employment records showing missed work
- Testimony regarding daily limitations
Many cases also involve medical experts who explain how an injury affects a person’s life and physical abilities.
Can Soft Tissue Injuries Qualify as Serious Injuries?
Soft tissue injuries can still qualify under New York’s serious injury law. In many cases, the outcome depends on the injury itself and the medical evidence supporting the claim.
Injuries involving the neck, back, muscles, tendons, or ligaments can vary widely in severity. Some heal with relatively few lasting effects. Others can lead to ongoing pain, limited movement, and limitations that affect daily life.
Medical records, imaging studies, physical examinations, and other evidence may help show the extent of the injury and how it affects a person’s physical abilities.
What Happens if an Injury Does Not Meet the Threshold?
An injured person may still receive no-fault benefits for covered medical treatment and certain lost wages. However, certain damages, such as pain and suffering, may be unavailable if the injury does not meet the serious injury requirement.
Whether an injury meets the serious injury requirement is not always clear-cut. People may continue to struggle with pain, limited movement, or other symptoms, yet the insurance company may still question the severity of the injury. A careful review of medical records and other evidence may reveal facts that support a serious injury claim.
How Long Do You Have to File a Serious Injury Lawsuit in New York?
Generally, New York gives injured people three years from the date of an accident to file a personal injury lawsuit under NY CPLR § 214(5).
The timeline is not always the same in every case. Claims against a city, county, state agency, or other government agency often involve special procedures and much shorter notice requirements, including a Notice of Claim.
Acting promptly can make it easier to preserve records, obtain witness information, and gather other evidence that may support your case.
Speak With Shulman & Hill About a Serious Injury Claim
The answer to what counts as a serious injury under New York law often depends on medical evidence, the extent of the injury, and how the condition affects a person’s daily life. Cases involving the serious injury threshold can become highly contested, especially when insurance companies attempt to minimize the effects of an injury.
Shulman & Hill has represented injured New Yorkers since 2013 and has recovered more than $1 billion on behalf of clients. With offices throughout New York and more than 200 years of combined legal experience, our firm handles complex injury claims involving serious accidents.
If you have questions about whether your injuries meet New York’s serious injury requirements, our Manhattan personal injury lawyers will help you. Call for a free consultation. Every Borough, Every Block, New York, We Got You.