Understanding Damages and the Serious Injury Threshold in New York Personal-Injury Cases

When someone is injured because of another party’s negligence, the law allows them to recover monetary damages intended to make them whole. But in New York, especially in motor-vehicle accident cases, a plaintiff’s right to recover monetary damages depends on whether they meet what’s known as the “serious injury threshold.” The “serious injury threshold” is a set of categories for injuries, listed in New York Insurance Law §5102(d). In order to meet the threshold to maintain a claim, you must demonstrate that at least one of your injuries meets the requirements of one of the categories.

The “Serious Injury Threshold” in New York

Under New York Insurance Law § 5102(d), a plaintiff injured in a motor-vehicle accident cannot recover for non-economic loss (pain and suffering) unless they have sustained a “serious injury.”

The statute defines “serious injury” to include, among other categories:

  • Death
  • Dismemberment or significant disfigurement
  • Fracture
  • Permanent loss or consequential limitation of a body organ, member, function, or system
  • Significant limitation of use of a body function or system
  • Medically determined non-permanent injury that prevents the person from performing substantially all usual activities for at least 90 out of the first 180 days after the accident

Courts interpret these categories strictly, and objective medical evidence is essential. MRIs, EMG studies, or quantified range-of-motion losses are commonly required to demonstrate a qualifying injury.

Why the Threshold Matters

If a plaintiff’s injuries do not meet the serious-injury threshold, they are barred from recovering non-economic damages even if the defendant was clearly negligent.

However, economic losses such as medical bills and lost wages remain recoverable under the “no-fault” system up to statutory limits.

Meeting the threshold allows the injured person to step outside the no-fault system and pursue a full tort claim for pain and suffering, loss of enjoyment of life, and other long-term consequences.

Building a Successful Damages Case

Effective presentation of damages requires:

  • Detailed medical documentation linking the injury to the accident
  • Consistent treatment records showing permanence or significant limitation
  • Expert testimony (orthopedic, neurological, vocational, or economic experts) quantifying losses
  • Compelling plaintiff testimony describing how the injury affects daily life

A well-documented case allows a jury—or insurance carrier—to understand both the physical and human impact of an injury.

Conclusion

Understanding how damages and the “serious-injury threshold” interact is crucial in any New York personal-injury action. While every case is unique, success depends on combining clear liability proof with objective medical evidence demonstrating a qualifying injury and the full extent of a client’s damages.

If you or a loved one has been injured in an accident, the attorneys at Grandelli & Eskenasi have the experience and resources to navigate the complex interplay between New York’s No-Fault Law and traditional tort recovery—helping you secure the maximum compensation you deserve.