Fracture:
Under New York law, a “serious injury” is defined to include “a fracture,” among other “serious injury” categories. Thus, if an individual can show that they sustained a fracture in a motor vehicle accident, they may be able to receive compensation from the at-fault motorist’s auto insurance company for pain and suffering.
A fracture generally includes any full or partial breaking of the bone. This may involve situations where a broken bone has maintained its proper position. This is normally referred to as a “non-displaced fracture.” On the other hand, a “displaced fracture” occurs when the bone breaks into two parts. Whether or not someone sustained a fracture is a medical determination that a medical provider can make based on a clinical assessment that normally involves diagnostic imaging, such as an X-ray.
Fractures can be open or closed. An open fracture (also called a compound fracture) indicates an injury where the bone has actually broken through skin. This type of fracture typically requires immediate medical attention because it poses a risk of infection, among other concerns. A closed fracture (also called a simple fracture) is an injury where the broken bone does not protrude through skin.
Commonly observed fracture injuries that arise from car accidents include, but are not limited to: arm, leg, hip, back, rib, pelvis, wrist, skull, and collarbone fractures. Generally speaking, a broken tooth resulting from a car accident can also fit within New York State’s “fracture” category.
An experienced attorney can provide additional information about New York’s “serious injury” threshold.
Car Accident Injury Glossary
For more car accident injury related definitions, visit William Mattar's Glossary section. Injured in a motor vehicle accident? Contact the car accident injury attorneys at William Mattar, P.C. Call (844) 444 - 4444.