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   146 reviews

Eight Categories Not the Nine You Expect

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Aug 21, 2026

Read Time: 4 mins

A Threshold That Just Got Harder to Meet

New York drivers pursuing compensation for pain and suffering after a serious car accident have always had to clear a specific legal hurdle first, before their claim could even reach a jury. As of 2026, that hurdle got noticeably taller, and understanding the current version of this rule matters considerably for anyone in New City building a claim today.

The No-Fault System, Briefly

New York requires drivers to carry no-fault insurance that pays medical expenses and lost wages regardless of who actually caused a crash. In exchange for this quick, no-fault coverage, state law limits an injured driver’s ability to sue the at-fault party for pain and suffering unless their injury meets a specific legal definition called a serious injury.

No-fault coverage pays medical bills and lost wages regardless of fault
Suing for pain and suffering requires meeting the serious injury threshold
New York Insurance Law § 5102(d) defines what actually qualifies
One previously available category was eliminated in 2026

What Categories Still Qualify Today

Under the current version of New York Insurance Law § 5102(d), a serious injury includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, a permanent consequential limitation of use, or a significant limitation of use of a body function or organ system.

The Category That No Longer Applies

For decades, New York also recognized a ninth category, commonly called the 90/180 rule, allowing a claim to proceed if a non-permanent injury prevented someone from performing all of their usual daily activities for at least ninety of the first one hundred eighty days following the accident. A New City car accident lawyer confirms that category was eliminated for actions commenced after May 26, 2026, meaning claims filed today can no longer rely on it.

This elimination represents one of the more significant changes to New York’s no-fault legal framework in recent memory, since the 90/180 category had long served as a practical fallback for claimants whose injuries genuinely disrupted daily life but never became permanent.

Why This Change Matters So Much

The 90/180 category was historically one of the more accessible paths to clearing the threshold, since it did not require a permanent injury at all, only a documented period of significant disruption to daily life. Without this option, injuries that once might have qualified under this more forgiving standard now need to fit into one of the remaining, generally more demanding categories instead.

Why the Permanent Limitation Categories Get Contested So Often

The permanent consequential limitation and significant limitation categories frequently involve soft tissue injuries, such as herniated discs, that do not fit neatly into the more objective categories like fracture or dismemberment. A New City car accident lawyer explains that proving these particular categories typically requires detailed medical documentation showing a measurable, ongoing functional loss connected directly to the accident.

What This Means for Building a Claim Today

Because the more easily accessible 90/180 path no longer exists under current law, thorough and consistent medical documentation from the very start of treatment matters more than ever before. An attorney evaluating a new claim works closely with treating physicians to build the kind of objective medical record that can support one of the remaining threshold categories.

Why Early Medical Evaluation Still Matters

Gaps in treatment or delayed medical evaluation can undermine an otherwise strong claim, since insurers routinely look for any inconsistency to argue an injury does not genuinely meet one of the qualifying categories under the current standard. An attorney handling a new case typically emphasizes consistent, well-documented treatment from the outset for exactly this reason.

Pursuing a Claim Under the Current Standard

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. helps New City area clients build claims that account for New York’s updated serious injury threshold, working to establish which of the remaining categories genuinely fits a specific injury before evidence becomes harder to gather.

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   LWelsh 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 50 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 114 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 123 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 129 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 172 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 175 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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