Auto accidents can cause both minor and life-threatening injuries, and may also significantly impact a person’s emotional well-being. Does that mean that you can sue another driver for your pain and suffering after a crash? In this guide, a New York car accident lawyer explains what you need to know about pursuing compensation.
Exploring the Impact of Auto Accidents
According to New York City’s Department of Transportation, traffic deaths dropped 19% to reach an all-time low in 2025. Although fatalities are declining, non-fatal accidents can also take a major toll on motorists. Recent data from the U.S. Department of Transportation shows that car accidents in New York cost the state $15.246 billion, second only to California.
Motorists and passengers may suffer severe injuries that require expensive medical treatment, prompting them to consult a car accident lawyer in New York about seeking damages. StatPearls reports that motor vehicle collisions were the cause of 38% of spinal cord injuries over a three-year period. An academic review from Duquesne University notes how auto accidents are also a prominent cause of post-traumatic stress disorder.
If you’ve been hurt in an accident, can you sue another driver for your pain and suffering? Is it possible to receive compensation for both physical injuries and emotional distress?
Common Damages in Car Accident Claims
What damages can you claim when you sue another driver? Car accident cases typically involve economic and non-economic damages.
Economic damages have a set dollar amount, such as medical bills and vehicle repair estimates. Non-economic damages represent losses that don’t come with a specific monetary value, like emotional distress or loss of enjoyment of life. To effectively calculate non-economic damages, insurance providers and legal professionals may use one of two common methods: the multiplier method and the per diem method.
What New York’s No-Fault Laws Mean for Car Accident Victims
If you ask a New York car accident lawyer whether you can sue for pain and suffering, they may tell you the answer depends on the severity of your injury. New York is a no-fault state, meaning that covered motorists have the ability to seek compensation through their personal insurance policies.
In many circumstances, fault is not a factor when filing a no-fault claim for basic economic losses with your own insurance company. No-fault coverage typically includes economic damages like medical expenses and lost wages. However, insurers do not offer non-economic damages to compensate someone for their pain and suffering or emotional distress.
When Can You Sue a Third Party for Pain and Suffering After an Accident?
A New York auto accident lawyer could help you file a no-fault claim and negotiate with your insurer on your behalf. Depending on your circumstances, they may also recommend suing a third party for additional damages. When is this an option for motorists?
To sue another party for additional damages or non-economic damages such as pain and suffering, an injured person must meet New York’s “serious injury” threshold as defined by Insurance Law § 5102(d). Basic economic loss under no-fault coverage is generally limited to $50,000, but exceeding that amount is not, by itself, the requirement for filing a lawsuit, in particular. State laws recognize the following outcomes as a serious injury:
- Dismemberment
- Disfigurement
- Bone fracture
- Fetal loss
- A significant or permanent limitation of an organ or body function
- The loss of an organ, limb, or specific function
- Inability to perform regular activities for at least 90 days in the first 180 days after an accident
Imagine another vehicle collides with you, and the impact causes a traumatic brain injury. If the injury impairs your cognitive and motor function, it may meet the serious injury threshold. You could sue the at-fault driver for your pain and suffering stemming from the accident.
Why Work With a Personal Injury Lawyer in New York?
Whether you are filing a no-fault insurance claim or pursuing a lawsuit against another driver after a car accident. A personal injury lawyer in New York could assist with both endeavors.
Legal representation matters for victims. With the help of a New York car accident lawyer, you can:
- Review your options: Learn whether you’re able to seek compensation for both economic and non-economic damages, per state insurance laws.
- Explore vast evidence: Legal counsel gathers robust evidence to support their client’s claim.
- Meet filing deadlines: Attorneys understand the statute of limitations for different personal injury cases and file a lawsuit before the deadline.
- Negotiate insurance offers: Your lawyer could negotiate with either your insurance company or a defendant’s insurer in hopes of reaching a fair settlement agreement.
Some accident lawsuits end up going to trial when neither the plaintiff nor the defendant agrees to settle. If this happens to you, a seasoned lawyer may represent you in court and advocate on your behalf.
Contact an Experienced New York Auto Accident Lawyer About Your Options
If you’ve been hurt in a motor vehicle collision and hold no-fault insurance, you may be able to recover basic economic losses through your no-fault coverage without immediately filing a lawsuit. However, seeking additional compensation could be possible if you meet the state’s “serious injury” threshold. Consult a New York car accident lawyer to understand your options before filing a car accident claim.
Reach out to Elliot Ifraimoff & Associates, PC today for personalized assistance. Our legal team has over 60 years of combined experience, and advocates for our clients throughout the claims process.
See how we may be able to help you. Submit our online request form or call (718) 205-1010 to book a consultation with one of our legal professionals.
Frequently Asked Questions
We explain what you need to know about filing a claim and working with a personal injury attorney.
How Much Can Car Accident Victims Receive in Compensation?
The amount of compensation depends on the specific facts of the case, including the severity of injuries, available insurance coverage, and applicable legal thresholds.
How Soon After a Collision Should I Meet With a New York Car Accident Lawyer?
Consult a New York car accident lawyer as soon as reasonably possible, ideally after you seek medical treatment for any injuries.
What Evidence Helps Support a Pain and Suffering Claim?
Supporting evidence may include medical records, diagnostic imaging, physician reports, employment records documenting lost wages, witness statements, accident reports, and expert testimony where appropriate.
This article is intended for informational purposes only and does not constitute legal advice.