This page does not give an average settlement figure for a back or neck injury, because an average drawn from other people's cases cannot tell you what yours is worth. What it can explain is the legal test: between covered persons, pain and suffering from a New York motor vehicle accident can be recovered only for a serious injury, proved with objective evidence. William Mattar, P.C. focuses on motor vehicle accident cases and offers a free case evaluation at (844) 444-4444.
Key facts
- New York's serious injury definition includes a fracture, a permanent consequential limitation of use of a body organ or member, and a significant limitation of use of a body function or system, among other categories.
- The Court of Appeals has required objective proof of injury; subjective complaints alone are not sufficient.
- For actions commenced on or after May 26, 2026, the 90/180-day category is no longer part of the serious injury definition.
Is there an "average" settlement for a back or neck injury?
Treat any "average" figure you see with caution. It does not account for your injury, your medical evidence or the questions of fault in your crash. The sections below cover the legal questions that shape a back or neck injury claim in New York.
How can a back or neck injury qualify as a "serious injury"?
Under Insurance Law 5104(a), in a lawsuit by or for a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in New York, there is no right to recover non-economic loss except in the case of a serious injury. Insurance Law 5102 defines non-economic loss as "pain and suffering and similar non-monetary detriment."
Section 5102(d) lists the injuries that count as serious. For a back or neck injury, the categories that may come into play include:
- a fracture;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system.
In Perl v Meher, 18 NY3d 208 (2011), the plaintiffs relied on one or both of the two limitation categories. At an initial examination, one plaintiff's range of motion was described as "less than 60% of normal in the cervical and lumbar spine." The Court of Appeals held the evidence of serious injury for that plaintiff and one other to be "legally sufficient," meaning it was "sufficient to raise an issue of fact"; the Court did not decide whether either plaintiff had a serious injury or what any claim was worth.
What medical evidence do New York courts look for?
In Toure v Avis Rent A Car Systems, 98 NY2d 345 (2002), the Court of Appeals said it has required objective proof of a plaintiff's injury to satisfy the statutory serious injury threshold, and that subjective complaints alone are not sufficient. The Court described two ways to show the extent or degree of a physical limitation:
- an expert's designation of a numeric percentage of a plaintiff's loss of range of motion can be used to substantiate a claim of serious injury;
- an expert's qualitative assessment of a plaintiff's condition may also suffice, provided the evaluation has an objective basis and compares the plaintiff's limitations to the normal function, purpose and use of the affected body organ, member, function or system.
In Perl v Meher, the Court added that Toure "imposed no such requirement of 'contemporaneous' quantitative measurements."
Practical steps: see a doctor promptly, follow the treatment plan, keep copies of your records and test results, and tell your doctors about every activity the injury limits.
What changed in New York in 2026?
The Department of Financial Services states that the 2026 amendments deleted the serious injury category for a non-permanent injury that prevents substantially all usual and customary daily activities for at least 90 of the 180 days after the injury, and that the amendments apply to actions and proceedings commenced on or after May 26, 2026.
In an action to recover non-economic loss under Article 51 of the Insurance Law, the trier of fact must now decide who was at fault before deciding whether an injury is a serious injury. And under CPLR 1411(b), in a personal injury action subject to Article 51, your culpable conduct bars recovery if it is greater than that of the person you are suing, or the combined culpable conduct of the people you are suing.
Frequently asked questions
Is pain alone enough to meet the serious injury threshold?
The Court of Appeals has said that subjective complaints alone are not sufficient and that objective proof of injury is required.
Does a doctor have to measure my range of motion right after the accident?
In Perl v Meher, the Court of Appeals said Toure "imposed no such requirement of 'contemporaneous' quantitative measurements." Ask a lawyer how that applies to your records.
If I fractured a bone in my back or neck, is that a serious injury?
The statutory definition of serious injury includes a personal injury that results in a fracture.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. It has offices in Williamsville, Buffalo, Rochester, Syracuse, Albany and Long Island. Case evaluations are free, under No Fee Until We Win℠ you don't owe attorneys' fees unless the firm wins or settles your case, and the firm's phone line, (844) 444-4444, is open 24/7.
Related reading from William Mattar
- New York Car Accident Lawyers
- What Are the Most Common Car Accident Injuries?
- What Do New York Personal Injury Lawyers Consider When Assessing a Potential Case?
- How Long Does a Car Accident Settlement Take?
Sources
- New York Insurance Law § 5102: https://www.nysenate.gov/legislation/laws/ISC/5102
- New York Insurance Law § 5104: https://www.nysenate.gov/legislation/laws/ISC/5104
- New York CPLR § 1411: https://www.nysenate.gov/legislation/laws/CVP/1411
- NYS Department of Financial Services, Insurance Circular Letter No. 3 (2026): https://www.dfs.ny.gov/industry-guidance/circular-letters/c32026-01
- Toure v Avis Rent A Car Systems, 98 NY2d 345 (2002)
- Perl v Meher, 18 NY3d 208 (2011): https://www.nycourts.gov/reporter/3dseries/2011/2011_08452.htm
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.