Serious Injury and Verbal Thresholds Explained
Last reviewed June 2026
Quick answer. In no-fault states, a threshold decides whether you can sue for pain and suffering. New York uses a nine-category serious injury threshold (Insurance Law section 5102(d)). New Jersey uses a six-category verbal threshold (N.J.S.A. 39:6A-8). Massachusetts uses a tort threshold tied to 2,000 dollars in medical bills or a serious injury type. Objective medical evidence is what proves you cross it.
If you live in a no-fault state, the most consequential question in your claim is whether your injury crosses the threshold to sue. Below the threshold, your recovery is limited to no-fault benefits. Above it, you can pursue full damages including pain and suffering.
New York: the Serious Injury Threshold
New York’s threshold is defined in Insurance Law section 5102(d) and lists nine categories. The first five, such as death, dismemberment, fracture, and significant disfigurement, are relatively clear. Categories 6 through 9, covering permanent consequential limitation, significant limitation of use, and the 90/180-day category, are where most disputes happen. The leading case, Dufel v. Green, requires the limitation to rest on objective medical evidence and to be quantified, not just described.
New Jersey: the Verbal Threshold
New Jersey drivers choose between Limitation on Lawsuit (the verbal threshold) and No Limitation on Lawsuit. Under N.J.S.A. 39:6A-8, the verbal threshold permits a pain-and-suffering claim only for one of six injuries: death, dismemberment, significant disfigurement or scarring, displaced fracture, loss of a fetus, or permanent injury proven by objective evidence. DiProspero v. Penn settled that there is no separate serious-life-impact test, and Soto v. Scaringelli addressed when a scar counts as significant. A physician certification of permanency, backed by objective testing, is typically required.
Massachusetts: the Tort Threshold
Massachusetts lets you step outside no-fault when medical expenses exceed 2,000 dollars or the injury involves a fracture, permanent disfigurement, substantial loss of sight or hearing, or death. It is a lower and more mechanical bar than New York’s or New Jersey’s.
Verbal threshold. New Jersey’s name for the Limitation on Lawsuit option, which bars pain-and-suffering claims unless the injury fits one of six statutory categories.
90/180-day category. A New York serious injury category covering a non-permanent injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days immediately after the crash.
Talk to an Accident Attorney
Get a free, no obligation case review. There is no cost to speak with an attorney about your options, and you pay nothing unless your case results in a recovery.
By submitting your information or calling, you consent to be contacted by phone, text message, and email at the number provided, including by automated dialing technology and prerecorded messages, about your inquiry. Consent is not a condition of any purchase or service, and message and data rates may apply. Reply STOP to opt out.
Frequently Asked Questions
What Is a Serious Injury Threshold?
In a no-fault state, it is the bar an injury must clear before you can sue the at-fault driver for pain and suffering. New York lists nine categories under Insurance Law section 5102(d). New Jersey uses a six-category verbal threshold under N.J.S.A. 39:6A-8. Massachusetts uses a tort threshold tied to 2,000 dollars in medical bills or a serious injury type.
What Are New York’s Nine Serious Injury Categories?
They include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation of use, and the 90/180-day category for a non-permanent injury that disables you for 90 of the 180 days after the crash. Categories 6 through 9 generate most of the litigation.
How Do I Prove I Meet the Threshold?
Objective medical evidence is the key. New York courts, following Dufel v. Green, require a doctor to quantify a limitation, not just describe it. New Jersey requires a physician certification of permanent injury based on objective testing such as an MRI or CT. A vague note about reduced range of motion is usually not enough.
Related Guides
Attorney advertising. autoaccident.co is a legal marketing and attorney referral service, not a law firm, and does not provide legal advice. This is general information, not legal advice, and laws and deadlines change. Past results do not guarantee a similar outcome. Submitting a request does not create an attorney client relationship.