(914) 220-1086Any individual injured in a New York car accident seeking to recover for pain and suffering (non-economic damages) associated with the injury, must establish that he or she has sustained a “serious injury” as defined in Insurance Law Section 5102(d). The purpose of this legislation and the New York no-fault law is to keep “minor” injury cases out of the court system.
What Is the New York “Serious Injury” Threshold?
Under Insurance Law §5102(d), a “serious injury” includes any personal injury resulting in:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of their usual daily activities for at least 90 days during the first 180 days following the accident (the “90/180-day rule”)
This definition has been refined over decades of court decisions interpreting what qualifies as “significant,” “permanent,” and “consequential.”
Volumes of New York case law have discussed and dissected the definition above. If a plaintiff in a motor vehicle personal injury case fails to establish a “serious injury” (commonly referred to as failing to meet the “Serious Injury” Threshold), the defendant is entitled to Summary Judgment and the lawsuit is dismissed. Obviously, this a major concern for plaintiffs and plaintiffs’ attorneys in the New York area. As such, here at the New York Injury Lawyers Blog, we are devoting a section on the site to the “Serious Injury Threshold” where will discuss new developments in this area of law.
Examples of Injuries That Commonly Qualify as “Serious”
While every case is unique, the following types of injuries are frequently found to meet the threshold:
- Broken bones or fractures
- Torn ligaments, rotator cuff injuries, or herniated discs supported by imaging
- Severe nerve damage or traumatic brain injury (TBI)
- Significant or permanent disfigurement (e.g., scarring, burns, or facial trauma)
- Loss of mobility or range of motion
- Chronic back or neck injuries that restrict physical activity
- Extended inability to work or perform household duties for more than 90 of the first 180 days
Injuries That May Not Meet the Threshold
Minor soft-tissue injuries such as sprains, strains, and whiplash, often fail to meet the “serious injury” standard unless supported by medical imaging and evidence of long-term impairment. Courts routinely dismiss cases that rely solely on subjective complaints of pain without objective medical proof.
Recent Developments in New York’s Serious Injury Law
Recent appellate decisions continue to shape how the courts interpret “serious injury.” A few noteworthy examples include:
1. Perl v. Meher, 18 N.Y.3d 208 (2011)
The Court of Appeals clarified that plaintiffs do not need contemporaneous quantitative measurements of range of motion immediately after the accident. Later medical evaluations can still establish a “serious injury” if they demonstrate measurable, lasting limitations.
2. Toure v. Avis Rent A Car Systems, Inc., 98 N.Y.2d 345 (2002)
This foundational case reaffirmed that objective medical evidence (such as MRIs, EMG studies, or physician’s quantified findings) is necessary to support a claim under the significant limitation or consequential limitation categories.
3. Rosa v. Delaune, 2022 NY Slip Op 04045 (1st Dept.)
A recent decision where the appellate court reinstated a plaintiff’s case after finding that medical affidavits and imaging established an issue of fact regarding “significant limitation of use,” despite the defense’s motion for summary judgment.
4. Ayotte v. Gervasio, 2023 NY Slip Op 04568 (2d Dept.)
This 2023 ruling underscored the importance of linking medical findings to the accident itself — not degenerative conditions — when arguing that a “serious injury” exists.
Contact Our New York Car Accident Attorneys
If you’ve been injured in a New York car accident, understanding whether your injuries meet the state’s “serious injury” threshold is crucial. The Law Offices of Thomas L. Gallivan, PLLC can review your case, consult medical experts, and help determine if you qualify to pursue compensation for pain and suffering. Contact our experienced New York car accident attorneys today for a free consultation.
