How bad do my injuries have to be to sue after a car accident in New York?

Contact me today


When it comes to auto accidents, the threshold for bringing a case is very specific. You may only bring a case if you have a serious injury as defined by the law. At minimum, you will have to prove that you’re unable to perform usual activities for at least 90 days of the first 180 days after the accident. You don’t have to be unable to do anything ever, just for a cumulative three of the first six months. 

What Else Should Injured People Know?

The basic standard of injury is explained above. However, there are a few things to remember:

  • You can’t sue for pain and suffering unless your injury meets that definition of serious injury. New York is a no-fault state. That means that generally, if you are in an accident, your own insurance will pay for your expenses. Only if you have a serious injury can you bring a claim against the other driver.
  • If you don’t need medical treatment in the first six months, you don’t have a serious enough injury. “Serious injury” generally means broken bones, disfigurement, miscarriage, or permanent loss or the loss of use of a body part or organ.
  • You can only receive as much compensation as the other person’s insurance will cover. The money will only come from their insurance coverage, not from their own personal assets, so if they are underinsured or have no insurance, it’s possible that it’s not worth bringing a claim. 

What To Do If You Have An Injury

Whether or not you know your injury is serious, it is worth it to speak with an attorney to get a professional’s opinion. They can let you know whether your case is serious enough to bring a claim, and what you can expect.


The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other answers about Motor Vehicle Accidents

Richard L. Jaklitsch

How Long After A Car Accident Can I Sue In Maryland?

There is a three-year statute of limitations in Maryland – what this means is a lawsuit must be filed within three years of the date of the …Sponsored answer by Richard L. Jaklitsch

Richard L. Jaklitsch

Do I Need A Lawyer After A Car Accident In Maryland?

Yes! The insurance company has a lawyer, and you should not fight them alone. The insurance company has one goal in mind – to get off as cheaply as …Sponsored answer by Richard L. Jaklitsch

James G. Williams

Why should I call a lawyer after an automobile accident in Connecticut?

People across Connecticut get into car accidents every day. Some accidents are more serious than others, and sometimes people aren’t sure if their …Sponsored answer by James G. Williams

Call me:

Contact me

Required fields are marked with an asterisk (*).

To: Marty Rutberg Super Lawyers: Potential Client Inquiry

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Your IP address and location have been logged to assist in preventing abuse of this service.

Page Generated: 0.16153001785278 sec