Fracture vs. Soft Tissue : Why the Same Crash Can Mean Two Completely Different Cases in New York

Fracture vs. Soft Tissue : Why the Same Crash Can Mean Two Completely Different Cases in New York

Two people are involved in the same New York car accident. One suffers a fractured wrist; the other develops neck and back pain. Both parties may be injured, but under the New York serious injury threshold, their cases will look very different. In this blog, let’s take a look at New York’s serious injury threshold and how an accident lawyer in New York can help you build your case.

Key Takeaways

• The serious injury threshold is a legal standard victims must meet to be allowed to sue and claim compensation for non-economic damages.
• “Serious” in everyday language isn’t “serious injury” in the statute. 
• Courts place heavy emphasis on objective medical evidence such as range-of-motion tests, CT Scans, X-rays, etc.
• The 90/180 Day category is no longer a serious injury category under Section 5102 (d) of New York Insurance Law
• Pre-existing conditions and treatment gaps invite scrutiny, but they aren’t automatically fatal 

What Is the Serious Injury Threshold?

The New York serious injury threshold is the legal standard under New York Insurance Law that determines whether an accident victim can sue an at-fault driver and claim compensation for non-economic damages such as pain and suffering. 

Since New York is a no-fault insurance state, you can claim compensation for basic economic losses up to $50,000 from your Personal Injury Protection (PIP) coverage, regardless of who caused the crash.

To step outside the no-fault system and file a personal injury lawsuit, a victim must show that the basic economic damage exceeds $50,000 or that they have suffered a “serious injury".

What Injuries Qualify as “Serious Injury” Under New York Law

According to Section 5102 (d) of New York Insurance Law, a “serious injury” shall mean personal injury that results in:

• Death;
• Dismemberment;
• Significant disfigurement;
• A fracture;
• The loss of a fetus;
• The permanent loss of the use of a body organ, member, function, or system;
• The permanent consequential limitation of the use of a body organ or member; or
• The significant limitation of the use of a body function or system

The Same Crash, Two Different Injury Cases

Person A—The Fracture 

Suffered a broken wrist confirmed by X-ray. Fractures are expressly listed in Section 5102(d) as a serious injury. That means that the legal analysis of A’s case is relatively straightforward. The fracture itself satisfies the statutory category. 

Person B—The Soft Tissue Injury

B is experiencing neck and back pain and a reduced range of motion. However, there is no fracture. MRI and other diagnostic findings may support the medical picture, but B still has to establish that his injury qualifies as a “serious injury.” In this case, it will most likely be considered a significant limitation of use or a permanent consequential limitation.

The key takeaway: Do not equate “serious injury” in everyday language to the statutory definition. A genuinely painful and disruptive injury may still not qualify as a serious injury in the way listed conditions like fractures do.  

Why Are Soft-Tissue Claims More Complicated?

Pain alone is not enough to establish a significant or permanent limitation. Courts will often look into objective medical evidence such as

• Quantified range of motion restrictions
• Comparison with normal range of motion
• Objective diagnostic findings
• Medical assessments of functional limitations
• Evidence connecting the limitation to the accident.

Recent court decisions have continued to emphasize that limitations, to qualify as serious injuries, must be more than mild, minor, or slight.  

How Do Pre-Existing Conditions Affect a Soft Tissue Claim?

Insurers will frequently investigate whether a victim’s symptoms existed before the accident. A pre-existing condition doesn’t automatically mean that the accident didn’t cause any injury. It means that the claimant will have to bring in a lot more evidence to show that the limitation was connected to the accident instead of the prior condition.

Why Consistent Medical Treatment Matters

Consistent medical treatment matters because it sets you on the path to recovery. At the same time, the medical evidence, such as initial examinations, diagnostics, and OR reports, helps create a timeline of what happened. At the same time, it shows the severity of the injuries suffered and helps justify the compensation claimed.   

What Evidence Can Help Prove a Soft-Tissue Serious Injury

The evidence that can be used to prove a soft-tissue serious injury includes:

• MRI, CT scans, X-rays
• Range-of-motion measurements
• Orthopedic or neurological examinations
• Medical opinions
• Treatment and physical therapy records
• Diagnostic test results
• Evidence of restrictions on normal activities
• Documentation showing how the condition continued over time. 

What Happened to the 90/180-Day Serious Injury Rule?

For years, it was considered a serious injury when the non-permanent injury or impairment prevented a person from performing all their usual and customary daily activities substantially for at least 90 days of the first 180 days after the accident. This was known as the 90/180-day rule. 

However, following the 2026 reforms to vehicle tort law in New York, this category was no longer available for actions commencing on or after 26th May 2026.

What Should You Do If an Insurer Says Your Injury is “Minor”?

When the insurer disputes the severity of your injuries, take these steps:

• Continue the appropriate medical care
• Keep medical and diagnostic records
• Follow treatment recommendations
• Keep track of activity restrictions 
• Don’t minimize your symptoms when talking to the doctor
• Contact a car accident lawyer in New York to understand your rights and liabilities.

When to Call An Accident Lawyer in New York

If you’re wondering, do I need a lawyer after a car accident in New York, the answer is yes. Building a case, gathering evidence, and negotiating with other parties requires proper legal representation. 

If you’re looking for a car accident lawyer in New York to take your case, call Alex Yadgarov & Associates today. Call 866-995-9035 and schedule your free and confidential consultation. We will fight the good fight, protect your rights, and get you the compensation you deserve.