If a fracture can be linked back to a car accident, can it meet the serious injury threshold?

Asked about 1 year ago - Eden, NY

My friend hurt her back in a car accident, I think it was a herniated disc. She needed an operation. This operation sometimes resulted in her leg giving out when she tried to walk. One day her leg gave out she fell and broke her ankle. Can this broken bone meet the serious injury threshold because the accident was the proximate cause of this injury?

Attorney answers (10)

  1. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Any fracture (the tip of your pinky finger; for example) that is caused by a motor vehicle collision meets the "serious injury" threshold in NY. Did you know that a herniated disc w/spinal fusion and the implementation of screws and a bracket may not. How absurd and offensive. Your friend needs a qualified personal injury attorney asap. If there is a lawyer in the case, then to be blunt, something is wrong here. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Yefim Rubinov

    Contributor Level 17

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    Answered . your friend should seek legal consultation without delay.

  3. Matthew C Simon

    Pro

    Contributor Level 18

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    Answered . Your friend should speak with an attorney ASAP. Many personal injury attorneys, such as myself, offer free 30 minute consultations to discuss the details of her case.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

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    Answered . That is actually a very good question. It can certainly be argued, and likely successfully, that this secondary injury was causally related to the accident.

  5. Abraham Jaros

    Contributor Level 8

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    Answered . In a New York motor vehicle accident, In order to have a cognizable claim, an individual must suffer as a result of the auto accident what the law defines a Serious Injury. You should consult a local attorney to speak with them about the particular facts of you case.

    Attorney Advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You... more
  6. Eric Edward Rothstein

    Contributor Level 20

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    Answered . That argument failed in Ives v. Correll, 211 A.D.2d 899, 621 N.Y.S.2d 179 (3d Dept. 1995) but the decision suggests that it could work with the correct facts. There are probably cases directly on point.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  7. Joshua Richmond Lippes

    Contributor Level 13

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    Answered . Your friend should contact a local personal injury attorney. You can find many competent attorneys through the AVVO website or contact the erie county bar association's lawyer referral. Our firm would be happy to give your references as well.

    If you found this "helpful" or "best answer," please click it with my appreciation. This response does not... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Yes

  9. Mitchell Jan Birzon

    Pro

    Contributor Level 13

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    Answered . A herniated disc, more often than not does not satisfy the "serious injury" threshold to qualify as a sustainable claim that would withstand a motion for summary judgment. However, it is quite probable that the ankle fracture would be a direct consequence of the back injury, thus satisfying the basis for a claim. Consult with a personal injury attorney right away. Ask your treating physician if a narrative report could be drafted connecting the disc herniation as the probable cause of your ankle fracture.

  10. Tatiana Kadetskaya

    Contributor Level 19

    2

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    Answered . It could

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