The 2026 Update
Because New York is a no-fault state, your own insurance pays your initial medical bills and lost wages after a crash. But to sue the at-fault driver for pain and suffering, you must first prove you suffered a “serious injury” as defined by state law. The threshold exists to keep minor injuries out of the court system — and in May 2026, New York made it meaningfully harder to satisfy.
What changed
For lawsuits filed on or after May 27, 2026, the law eliminated one of the most commonly used categories: the “90/180-day” rule, which allowed a claim where a medically determined injury prevented a person from performing their usual daily activities for at least 90 of the 180 days immediately following the accident, even if the injury was not permanent. That category no longer exists for new lawsuits (it may still apply to cases that were already in suit before May 27, 2026).
What still qualifies
For new cases, an injured person must fit into one of the remaining categories, which include:
- Death
- Significant disfigurement, such as noticeable and permanent scarring
- Fractures (broken bones)
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation, or significant limitation, of a body organ, member, function, or system
Why this matters for “invisible” injuries
Many real, painful injuries do not involve a broken bone. Torn ligaments, herniated discs, concussions, and rotator cuff tears can put your life on hold for months. Under the new law, proving these injuries qualify takes strong, objective medical evidence: imaging studies, measured range-of-motion testing, and detailed doctor’s reports — gathered early and documented carefully. The window to build that record starts the day of the crash. Gaps in treatment or vague medical notes can be the difference between a qualifying injury and no claim at all.
If you’ve been hurt in a motor vehicle accident, don’t try to guess whether your injury meets the threshold. The personal injury attorneys at Lacy Katzen LLP can evaluate your injuries under the new rules and help ensure your treatment is fully and properly documented from the start. Consultations are free: call 585-888-9662 or contact us online. Read our full guide to the 2026 changes here.
