Is My Injury Serious Enough to Sue?

Last reviewed June 2026

Quick answer. In no-fault states, you can sue for pain and suffering only if your injury crosses a threshold. New York uses nine serious injury categories (Insurance Law section 5102(d)). New Jersey uses a six-category verbal threshold (N.J.S.A. 39:6A-8). Massachusetts uses a 2,000 dollar medical bill or serious-injury test. Objective medical evidence is what proves it.

This is the make-or-break question in a no-fault state. Below the threshold, you are limited to no-fault benefits. Above it, full damages including pain and suffering are on the table.

New York

Your injury must meet one of nine categories under Insurance Law section 5102(d). Fractures and significant disfigurement qualify on their face. The harder categories, permanent consequential limitation and significant limitation of use, require a doctor to quantify the limitation with objective evidence, the standard from Dufel v. Green.

New Jersey

If you carry the verbal threshold, your injury must fit one of six categories under N.J.S.A. 39:6A-8, and you generally need a physician certification of permanent injury supported by objective testing such as an MRI. If you selected No Limitation on Lawsuit, you can sue without clearing the threshold.

Massachusetts

The bar is lower and more mechanical: medical bills over 2,000 dollars, or a fracture, permanent disfigurement, substantial loss of sight or hearing, or death.

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Frequently Asked Questions

Is My Injury Serious Enough to Sue in New York?

It must meet one of the nine serious injury categories in Insurance Law section 5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation proven by objective medical evidence. A doctor generally must quantify the limitation.

Is My Injury Serious Enough to Sue in New Jersey?

If you carry the verbal threshold (Limitation on Lawsuit), your injury must fit one of six categories under N.J.S.A. 39:6A-8, backed by a physician certification of permanency based on objective testing. If you chose No Limitation on Lawsuit, no threshold applies.

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