The Serious Injury Threshold in New York is a legal requirement that limits when someone injured in a car accident can sue for pain and suffering compensation. Under New York's no-fault insurance system, your own insurance is supposed to cover your medical bills and lost wages regardless of who caused the accident, but you can only sue the other driver for additional money if your injuries meet this "serious injury" standard. This threshold exists to prevent lawsuits over minor injuries like small cuts or brief soreness that heal quickly.
To meet the serious injury threshold, you must have one of several specific types of injuries listed in the law, such as broken bones, permanent damage to organs, significant scarring or disfigurement, or injuries that prevent you from doing your normal daily activities for at least 90 out of the first 180 days after the accident. The injury must be objectively serious and well-documented by medical professionals - you can't just claim you're in pain without medical evidence to back it up. If your injuries don't meet this threshold, you're limited to the benefits from your own no-fault insurance and cannot sue for additional compensation for pain and suffering.




