For decades, New York recognized nine categories of “serious injury” that allowed a crash victim to sue an at-fault driver for pain and suffering. One of the most important was the “90/180-day” category: if your injuries prevented you from performing your usual daily activities — work, school, caring for your family — for at least 90 of the first 180 days after the crash, you could bring a claim even if your injuries were not permanent.
That category has been eliminated. As part of the state budget signed in late May 2026, New York erased the 90/180-day rule for lawsuits filed on or after May 27, 2026. Cases that were already in suit before that date are not affected and proceed under the prior rules.
Who feels this change the most
The 90/180-day category was the path most often used by people with serious but non-permanent injuries: torn ligaments, herniated discs, concussions, rotator cuff tears — injuries that derail a life for months without breaking a bone. Those injuries can still support a claim, but only by qualifying under the remaining categories, such as fracture, significant disfigurement, or a permanent or significant limitation of a body part or system. That generally requires objective medical proof: imaging, measured range-of-motion testing, and detailed medical reports.
What to do if you’re injured now
Two things matter more than ever. First, seek medical treatment immediately and follow through — the medical record you build in the first weeks is the foundation of any claim under the stricter threshold. Second, talk to an attorney early. Whether your injury qualifies under the new rules is a complicated legal question, and the answer often turns on how thoroughly your condition is documented from the start.
The attorneys at Lacy Katzen LLP have studied the new law closely and can tell you, in a free consultation, how it applies to your situation. Call 585-888-9662 or contact us online. For the full picture of what changed — including New York’s new comparative fault rule — read our complete guide here.
