New York State Law
Fractures are specifically listed in New York's serious injury law — but that doesn't make every case automatic.
If you have been injured in a car accident on Long Island, one of the first questions that may arise is whether you have a valid claim against the at-fault driver. Many people assume that if they were hurt in a crash, they can automatically recover compensation for pain and suffering. In New York, however, the law is a little more complicated.
At Palermo Law, our team helps accident victims throughout Suffolk County, Nassau County, and across Long Island understand their rights after a crash. Whether someone is searching for a trusted Long Island personal injury attorney, looking for guidance after a serious collision with a Long Island car accident lawyer, or trying to understand how benefits work with a Long Island No-Fault lawyer, understanding New York’s serious injury threshold is often one of the most important parts of the case.
One category of injury stands out from the rest. Fractures are specifically listed in New York’s serious injury threshold law. In many cases, a fracture can satisfy the threshold requirement that allows an injured person to pursue compensation for pain and suffering. While that sounds straightforward, fracture cases are not always as simple as they appear.
Every car accident case involves two primary elements: liability and damages.
Liability refers to who caused the accident. An injured person must prove that another driver was negligent and that the negligence caused the crash. Common examples include speeding, distracted driving, running a red light, failing to yield, or following too closely.
Damages refer to the harm caused by the accident. Medical bills, lost wages, pain and suffering, physical limitations, and future medical expenses are all examples of damages that may be recoverable.
Even if someone suffers a serious injury, they still must prove the other driver was responsible for causing the collision. Likewise, proving fault alone is not enough if there are no significant injuries or damages.
A successful car accident claim requires proof of both liability and damages.
Find Out Where You Stand
Every fracture case is different. The type of break, the treatment required, and the impact on your daily life all factor into the value of your claim. Contact Palermo Law for a free consultation and we’ll give you an honest assessment of your options.
New York follows a No-Fault insurance system. This means your own automobile insurance company generally pays for medical treatment and a portion of lost wages regardless of who caused the crash.
Because of this system, New York limits when an injured person can sue for pain and suffering. To bring that type of claim, the injured party must establish that they suffered a “serious injury” as defined by New York Insurance Law Section 5102(d).
The statute contains several categories of serious injury, including:
Some of these categories require extensive medical proof and can become heavily disputed. Fractures are often different.
Under New York law, a fracture is specifically listed as a serious injury.
This is important because many other threshold categories require detailed measurements of lost range of motion, permanency opinions, or other objective medical evidence. A fracture often satisfies the threshold requirement by its very nature.
That does not mean a fracture automatically guarantees compensation.
The injured person still must prove:
A broken bone may satisfy the threshold requirement, but it does not automatically establish liability or determine the value of the case.
Many people hear the word fracture and assume there can be no disagreement. In reality, certain injuries can generate significant debate among medical professionals.
Some fractures are obvious. A displaced tibia fracture requiring surgery is rarely disputed. Other injuries are less clear.
For example, certain vertebral compression fractures may appear on imaging studies years after they occurred. One physician may conclude the finding represents an acute traumatic fracture caused by the collision. Another physician may believe it is degenerative, age-related, or the result of a prior injury.
Small avulsion fractures, endplate fractures, and certain spinal findings can also become subjects of disagreement.
The Mayo Clinic explains that fractures can occur in many forms and may range from obvious breaks to subtle injuries that require careful evaluation by medical professionals. Their overview of fractures provides a helpful explanation of how broken bones are diagnosed and classified.
Because these disputes arise, insurance companies and defense attorneys frequently retain their own medical experts to review imaging studies and challenge causation.
Fractures can occur throughout the body depending on the forces involved in the crash.
Some of the more common fractures seen after Long Island car accidents include:
Rib fractures can be painful and may interfere with breathing, sleeping, and daily activities. Although many heal without surgery, they can still satisfy the serious injury threshold.
Drivers often instinctively brace for impact. This can result in fractures of the wrist or forearm that require casting, physical therapy, or surgery.
Ankle fractures can significantly affect mobility and sometimes require plates, screws, or other surgical hardware.
Fractures involving the lower leg are often serious injuries. Recovery may require surgery, extensive rehabilitation, and significant time away from work.
Hip fractures can be life-changing, particularly for older adults. Recovery often involves surgery and prolonged rehabilitation.
Spinal fractures can present unique legal and medical issues because questions sometimes arise regarding whether imaging findings are traumatic or degenerative.
Not all broken bones are treated equally — by doctors or insurance companies. Here is what each fracture type means for your medical treatment and your legal claim.
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01
Comminuted Shattered into fragments
The bone breaks into three or more pieces. Common in high-impact crashes. Almost always requires surgery with plates or rods. Longer recovery, higher medical costs, and greater risk of permanent impairment — all of which increase case value.
High-value claim
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02
Compression Crushed or collapsed
Most often affects vertebrae in the spine when a rear-end or rollover forces bones to collapse inward. These fractures can cause chronic pain, nerve damage, and lasting disability. Insurance companies frequently dispute causation by pointing to degenerative conditions.
Causation often disputed
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03
Transverse Clean horizontal break
A straight break across the bone shaft, typically caused by direct impact. These fractures are clearly visible on X-ray and are among the easiest to establish in litigation. Liability disputes are common; causation usually is not.
Clear on imaging
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04
Hairline (stress) Tiny crack, big fight
A small fracture that may not appear on initial X-rays, requiring MRI or CT scan for diagnosis. Insurance companies use the imaging delay to argue the fracture is not crash-related. Delayed diagnosis must be documented carefully to protect the claim.
Imaging delay = dispute risk
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05
Avulsion Bone pulled by ligament
A fragment of bone is torn away when a ligament or tendon is stretched suddenly — common in knee and ankle injuries during side-impact crashes. Often accompanies soft tissue damage. Insurers may argue the fragment is a pre-existing finding on imaging.
Pre-existing argument risk
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06
Oblique / Spiral Angled or twisted break
Caused by rotational or angled force — common in leg and arm bones when a limb is pinned or twisted during a crash. These fractures are typically straightforward to prove but may require surgery if significantly displaced, affecting recovery time and case value.
Mechanism clearly documented
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Even when a fracture is present, continuing treatment remains important.
First, not every injury sustained in a collision will necessarily be classified as a fracture. A person may also suffer herniated discs, torn ligaments, nerve injuries, or other conditions that require independent proof.
Second, ongoing treatment creates documentation of symptoms, limitations, and recovery progress.
Finally, insurance companies often scrutinize gaps in treatment. Consistent medical care helps create a clearer picture of how the injuries affected the injured person’s life.
Many car accident cases never reach a jury because one side files a summary judgment motion.
A summary judgment motion is a request asking the court to decide an issue before trial because there is allegedly no factual dispute requiring a jury’s determination.
In serious injury cases, defendants often argue that the plaintiff failed to satisfy New York’s threshold requirements.
When the existence or nature of a fracture is disputed, both sides may submit medical reports, imaging studies, and expert opinions. The court then determines whether there is a genuine issue of fact requiring a trial.
If qualified physicians disagree about whether a fracture exists or whether it was caused by the accident, those disagreements can sometimes create issues that must be resolved by a jury.
One of the biggest misconceptions in personal injury law is that all fractures are valued the same way.
They are not.
A relatively uncomplicated rib fracture that heals without significant limitations may have a very different value than a surgically repaired tibia fracture that leaves permanent restrictions.
Likewise, a wrist fracture requiring hardware implantation and months of rehabilitation may be worth substantially more than a minor fracture that heals quickly.
Insurance companies evaluate every factor below when calculating a settlement offer. So does a skilled plaintiff’s attorney. Here is how each one moves the needle.
| Surgery required
Open reduction, plates, rods, hardware
Surgical cases carry significantly higher medical bills and longer recovery periods. Hardware placement, anesthesia, hospital stays, and post-op physical therapy all add documented costs that support a larger demand.
Increases value
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Permanent limitation
Restricted range of motion, chronic pain
A fracture that heals completely with no lasting effects is worth far less than one leaving permanent restrictions. Documented permanency — confirmed by a treating physician — is often the single most important factor in settlement negotiations.
Increases value
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| Gap in treatment
Weeks without documented medical care
Insurance companies use gaps in treatment to argue that injuries were not serious or that the claimant had already recovered. Even a brief unexplained gap can undermine an otherwise strong fracture claim at negotiation or trial.
Decreases value
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Prior injury
Pre-existing condition at the fracture site
A documented prior injury to the same area gives the defense an argument that the fracture is degenerative or pre-existing. The treating physician must clearly distinguish new traumatic injury from any prior condition to protect the claim’s value.
Decreases value
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| Lost income
Wages, self-employment, career impact
Lost earnings are an economic damage with a direct dollar value. Higher earners, longer recovery periods, and career-altering injuries all compound this figure. Lost future earning capacity can be calculated by an expert economist and included in the claim.
Increases value
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Liability clarity
Fault and comparative negligence exposure
A clear-liability crash — rear-end, red-light violation, DUI — produces a stronger negotiating position. Where fault is disputed or comparative negligence applies, the insurer will reduce the offer proportionally. Liability documentation matters from day one.
Varies by facts
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Available insurance
Policy limits and SUM/UM coverage
A serious fracture claim is only collectible up to the at-fault driver’s policy limits. Where those limits are low, the injured party’s own Supplemental Uninsured Motorist (SUM) coverage may be triggered. Policy research early in the case is critical.
Varies by coverage
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Every case must be evaluated individually.
One benefit of New York’s No-Fault system is that medical treatment is generally available regardless of fault.
No-Fault benefits may provide payment for:
These benefits can be extremely important during the recovery process, especially when a fracture requires ongoing treatment.
Acting quickly after a crash can make a significant difference.
No-Fault applications generally must be filed within 30 days of the accident.
Medical treatment should be obtained promptly whenever possible. Early treatment helps protect both health and the legal claim.
Evidence should also be preserved. Photographs, witness information, accident reports, and medical records may become important later in the case.
Fractures occupy a unique place within New York’s serious injury threshold law. Unlike many other categories of injury, a fracture is specifically identified by statute as a serious injury.
That does not mean every fracture case is automatic. Liability must still be proven. The fracture must be connected to the accident. Insurance companies may challenge whether a fracture actually exists or whether the finding is related to preexisting degeneration or prior trauma.
For these reasons, obtaining prompt medical care, following treatment recommendations, and understanding your legal rights are all important steps after a Long Island car accident.
A fracture is specifically listed as a serious injury under New York Insurance Law Section 5102(d), which gives it an advantage over many other injury categories. However, it does not guarantee compensation on its own. You must still prove the other driver caused the accident and that the fracture resulted directly from the collision.
Yes. Insurance companies frequently hire their own medical experts to challenge causation, particularly with spinal fractures, small avulsion fractures, or endplate injuries that may appear degenerative on imaging. A strong medical record connecting the fracture to the crash is essential to defeating those arguments.
Value depends on the severity of the break, whether surgery was required, the length of recovery, any permanent impairment, and the effect on work and daily life. A minor fracture that heals without lasting restrictions is worth far less than a surgically repaired fracture with permanent limitations. Every case is evaluated individually.
Yes. New York's No-Fault system covers medical treatment, hospital bills, physical therapy, diagnostic imaging, and a portion of lost wages regardless of fault. These benefits apply from the start of treatment and can be critical during a lengthy fracture recovery that involves surgery and rehabilitation.
No-Fault applications must generally be filed within 30 days of the accident. Missing that deadline can result in a denial of benefits that would otherwise cover your medical treatment and lost wages. If you were injured in a crash, contact an attorney promptly to make sure the application is submitted on time.
The defense may argue you did not suffer a qualifying serious injury. Both sides submit medical records, imaging studies, and expert opinions. If qualified physicians disagree about whether a fracture exists or was caused by the accident, the court may find a genuine factual dispute and allow the case to proceed to trial.
A prior injury does not bar your claim, but the defense will use it to argue the fracture is pre-existing or degenerative rather than traumatic. Your treating physician will need to clearly connect the new fracture to the collision and explain how the accident aggravated or caused the current condition.
Gaps in treatment give insurance companies grounds to argue your injuries were not as serious as claimed or that you recovered before the case resolved. Consistent follow-up care creates a documented record of symptoms, limitations, and ongoing recovery that supports both the medical and legal aspects of your claim.
Yes. Many accident victims suffer fractures alongside herniated discs, nerve damage, torn ligaments, or soft tissue injuries. Each condition requires its own medical documentation and proof. The fracture may satisfy the threshold, but additional injuries can significantly increase the overall value of your claim.
Timeline varies depending on injury severity, whether liability is disputed, and how long treatment continues. Some fracture cases settle during pre-litigation negotiations. Others proceed through discovery, summary judgment, and trial. More complex cases involving surgical repairs or disputed causation generally take longer to resolve.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.
