There are a number of things that are important to know about fractures and personal injury cases.
In a motor vehicle accident, it is necessary for us to show that there is a torque qualifying injury. A fracture of the bone is automatically considered a torque qualifying injury under New York law. If there is a chip fracture of a pinky finger in a motor vehicle accident, it automatically qualifies an individual as “seriously injured” under our statutes. When there is a fracture, it’s important to know the medical issues surrounding those fractures.
Firstly, is the fracture displaced or non-displaced? In a non-displaced fracture, the bone will be casted and then hopefully will go on to a normal union. In a situation where an individual has a “displaced” fracture or the bone is actually separated, the doctors will either try to close-reduce the fracture, meaning they will take the bones and try to put them back together, much like a puzzle, or they have to do what is called an “open-reduction internal fixation.” An open-reduction internal fixation requires surgery, oftentimes with the implementation of plates, or screws to hold things in place. When the fracture extends itself into the joint area, it can cause degenerative changes, future problems with degeneration or arthritis, these things will affect someone long beyond the personal injury case. We need to have the orthopedic surgeon comment and provide us with their opinion to the future prognosis with respect to those types of injuries.