After a car crash, your injuries may affect your work, mobility and daily routine. However, New York does not treat every injury as “serious” for purposes of recovering noneconomic damages, which compensate for pain, suffering and other losses that do not have a direct financial cost. Under the state’s no-fault system, you generally must meet the legal serious injury threshold to recover these damages.
Which injuries meet New York’s serious injury threshold?
The state currently recognizes a serious injury when a car crash results in:
- Death, loss of a limb or other body part, serious disfigurement, a broken bone or loss of a fetus
- Permanent loss of the ability to use an organ, body part, function or system
- A permanent and significant restriction in the use of an organ or body part
- A significant restriction in the use of a bodily function or system
New York previously included a category for injuries that prevented you from carrying out most of your normal activities for 90 days or more during the six months immediately after the crash. However, the state removed this category for lawsuits and other legal proceedings started on or after May 26, 2026.
A diagnosis alone may not establish that you meet the threshold. The type and severity of your injury and the medical evidence showing your limitations can also matter.
How can you document the extent of your injury?
Medical records can help show what happened after the crash and how the injury affected you. Consider keeping copies of:
- Emergency room and doctor records
- Imaging results and diagnostic test reports
- Treatment and rehabilitation records
- Records describing restrictions or loss of function
Keeping these documents organized can make it easier to establish the history and severity of your condition.
Understand where your injury stands
Meeting New York’s serious injury threshold is only one part of a car accident claim. Who caused the crash, whether the crash caused your injury and the medical evidence supporting your condition can also affect your ability to seek compensation. If you are unsure whether your injury meets the legal definition, guidance from an attorney can help you review your records and understand how the law applies to your situation.