The ‘Serious Injury’ Threshold Is Quietly Deciding Who Gets Justice in New York

In many New York personal injury cases, the most important decision is made long before a jury is ever empaneled.

It happens on paper. Often early. Sometimes before a plaintiff has even finished treating.

Under New York’s No-Fault Law, an injured person must satisfy the “serious injury” threshold set forth in Insurance Law § 5102(d) before they can pursue damages for pain and suffering. The statute was designed to streamline claims and reduce litigation over minor injuries. In theory, it works as a filter.

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