If you were hurt because of someone else’s negligence, you want to know one thing: can you be compensated for what you have been through? Not just your medical bills. The pain, the disrupted life, the emotional toll.
In New York, the answer is yes, but whether you can sue for pain and suffering depends heavily on how you were injured. The rules are very different for car accidents than they are for other types of cases. And those rules changed significantly in 2026.
Here is a clear breakdown of what applies to your situation:
The Quick Answer
| If you were injured in… | Can you sue for pain and suffering? |
| A car, truck, or vehicle accident | Only if your injury meets the “serious injury” legal threshold. |
| A slip and fall accident | Yes, with no injury legal threshold required. |
| A construction accident | Yes, with no injury legal threshold required. |
| A wrongful death situation | Yes, through a wrongful death or survival action. |
What Counts as Pain and Suffering?
“Pain and suffering” is the legal term for non-economic damages. These are harms that do not come with a receipt, but are real and compensable under New York law. They fall into two main categories.
Physical pain and suffering:
- Acute pain from the injury itself.
- Pain during recovery, surgery, or rehabilitation.
- Chronic or permanent pain from lasting damage.
Emotional and psychological suffering:
- Anxiety or depression caused by the accident or injuries.
- Post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: the inability to do things you once could, such as exercise, hobbies, or spending time with family.
In New York, there is no statutory cap on pain-and-suffering damages in most personal injury cases, meaning a jury can award any amount it finds appropriate based on the evidence.
That said, a large jury verdict is not always the final number. If a judge believes the jury’s award is excessive, they can reduce it through a process called remittitur. Similarly, if a case is appealed, an appellate court has the authority to reduce a verdict it finds disproportionate to the facts. This is an important reality: what a jury awards and what a plaintiff ultimately recovers can be two very different figures. An experienced attorney will give you an honest picture of both.
Car Accidents: The Serious Injury Threshold
New York is a no-fault state when it comes to car accidents. After a motor vehicle accident, you first file a claim through your own personal injury protection (PIP) insurance, regardless of who caused the crash. PIP covers up to $50,000 in basic economic losses: medical expenses and a portion of lost wages.
PIP does not cover pain and suffering. To sue for pain and suffering after a car accident, your injuries must clear what is called the “serious injury” threshold under New York Insurance Law §5102(d). If your injuries do not meet this standard, your recovery is generally limited to what your PIP policy covers.
One important exception: motorcyclists are not eligible for no-fault PIP benefits, so the serious injury threshold does not apply to motorcycle accident cases in the same way.
What Qualifies as a “Serious Injury” in New York?
As of May 27, 2026, there are 8 qualifying categories of serious injury under New York Insurance Law §5102(d).
A major change took effect that month: the “90/180-day rule” was eliminated as part of a tort reform package signed by Governor Hochul. That category previously allowed recovery when an injury kept someone from performing normal daily activities for 90 out of 180 days. It no longer exists.
The 8 remaining categories are:
| Qualifying Serious Injury | What It Means |
| Death | Fatal injuries caused by the accident. |
| Dismemberment | Loss of a limb or body part. |
| Significant disfigurement | Permanent, visible scarring or deformity. |
| Fracture | Any broken bone, including hairline fractures. |
| Loss of a fetus | Pregnancy loss caused by the accident. |
| Permanent loss of use of a body organ, member, function, or system | Complete and permanent loss of use. |
| Permanent consequential limitation of a body organ or member | Lasting, significant restriction of a body part. |
| Significant limitation of use of a body function or system | Ongoing, measurable limitation of function. |
All serious injury claims must be supported by objective medical evidence: MRI results, diagnostic imaging, physician documentation, and range-of-motion testing. Complaints of pain alone are generally not sufficient to clear the threshold.
What the 2026 change means in practice: Temporary injuries that do not result in permanent damage or significant functional limitation no longer qualify for a pain-and-suffering lawsuit in motor vehicle cases, even if those injuries were seriously debilitating during recovery.
Non-Vehicle Cases: No Threshold Required
This is one of the most important distinctions in New York personal injury law. The serious injury threshold applies only to motor vehicle accident cases. If you were hurt in any other type of accident, you do not need to clear that bar to pursue a pain and suffering claim.
Cases where no serious injury threshold is required include:
- Slip and fall accidents.
- Premises liability incidents.
- Construction site accidents.
- Assault and intentional harm cases.
- Wrongful death.
In these cases, any injury caused by someone else’s negligence can form the basis of a pain and suffering claim. You still need to prove the other party was at fault and that the injury caused real harm. But you are not locked out by a threshold requirement.
What Evidence Supports a Pain and Suffering Claim?
Because pain and suffering is subjective by nature, the strength of your claim depends heavily on how well it is documented. The following types of evidence help establish the scope and impact of your injuries.
- Medical records showing the diagnosis, treatment plan, and duration of your injury.
- Imaging results such as MRIs, X-rays, or CT scans that confirm the nature of the damage.
- Physician and specialist notes describing functional limitations and expected recovery.
- A personal pain journal documenting daily symptoms, limitations, and emotional impact.
- Statements from family members, coworkers, or friends who have observed how the injury has changed your life.
- Records showing missed work, canceled plans, or activities you can no longer participate in.
The stronger and more consistent the documentation, the harder it is for an insurance company to argue that your pain and suffering was minimal.
Talk to Eric Richman, Esq.
Eric Richman has been aggressively fighting for injury victims in New York City and surrounding areas for more than 25 years. He knows what it takes to meet New York’s serious injury threshold in car accident cases, build a compelling pain and suffering claim, and push back against insurance companies that try to minimize what you have been through.
Call (212) 688-3965 or toll-free at (800) 801-9655 to discuss your case, or request a free consultation online.
Disclaimer: This article is for general informational purposes only and is not intended as legal advice. It should not be relied upon as a substitute for consultation with a licensed attorney. New York’s personal injury laws, including the serious injury threshold under Insurance Law §5102(d), changed significantly in May 2026. The information on this page may not reflect the most current legal developments. Always speak directly with a qualified attorney about your specific situation before making any legal decisions.
Sources
- New York Insurance Law §5102(d)
- New York State Legislature S9008-C / A10008-C, Part EE (signed May 27, 2026)
- Lever & Ecker, PLLC: New York’s Serious Injury Threshold (Updated June 24, 2026)
- The Orlow Firm: Pain and Suffering Damages in New York (Updated July 12, 2026)