ROCHESTER, N.Y., July 20, 2026 /PRNewswire/ — Most Rochester car accident victims are shocked to learn they can’t sue for pain and suffering, no matter how much they’re hurting. A new HelloNation article by attorney John Wright exposes the little-known “serious injury threshold” that blocks thousands of injury claims each year and reveals exactly what it takes to overcome this legal barrier.
“People assume that if they’re injured and someone else caused the crash, they can sue,” says Wright, who has handled hundreds of car accident cases in Rochester. “But New York law doesn’t work that way. You can be in severe pain, miss months of work, and still be blocked from suing if your injury doesn’t check specific legal boxes.”
The serious injury threshold is derived from New York insurance law and serves as a gatekeeper for who can sue and who can’t. Wright breaks down the nine specific injury categories that qualify a person to pursue a personal injury lawsuit and explains why insurance companies fight aggressively to keep victims from meeting them.
Bone fractures almost always qualify, even if they heal completely. Significant disfigurement and permanent loss of body function also meet the threshold. “These are the slam-dunk cases,” Wright explains. “Insurance companies rarely challenge fractures or obvious permanent injuries because the medical evidence is undeniable.”
But soft tissue injuries to the neck, back, and shoulder are where the real battles happen. “Insurance companies will scrutinize every detail,” Wright warns. “They’ll argue you weren’t hurt badly enough, that you missed appointments, that your pain isn’t objectively proven.” He emphasizes that pain alone never meets the threshold. Victims need MRIs showing structural damage, documented range-of-motion restrictions, and consistent treatment records to have any chance.
There’s also the “90/180 rule,” a lesser-known path that Wright says many victims overlook. If an injury prevents someone from performing all of their daily activities substantially for at least 90 days within the first 180 days after the crash, they can qualify even without permanent damage. “This is huge for people who eventually recover but had their lives completely disrupted for months,” Wright notes. “But you have to document everything from day one.”
Wright’s message is clear: fault doesn’t matter if you can’t prove serious injury. “I’ve seen cases where someone was 100% not at fault, suffered for months, and still couldn’t sue because their injury didn’t meet the legal definition,” he says. “It’s frustrating, but that’s New York law.”
His advice? Get treatment immediately and document everything. “The biggest mistake people make is waiting to see if they feel better,” Wright says. “By the time they realize they need legal help, weeks have passed with no medical records. That gap can destroy a case.”
The full article breaks down all nine injury categories, explains what medical evidence insurance companies actually accept, and reveals the critical mistakes that can disqualify otherwise valid claims. For Rochester accident victims wondering if they can sue, Wright’s insights could mean the difference between settling for basic no-fault coverage and recovering full compensation for pain and suffering.
“What the ‘Serious Injury’ Rule Means for Rochester Car Accidents” features insights from John Wright, a personal injury attorney representing car accident victims in Rochester, NY. The article is available now on HelloNation.
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