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Writer's pictureReza Yassi

Understanding the Value of Spinal Fractures in New York Personal Injury Cases (2024)


Understanding the Value of Spinal Fractures in New York Personal Injury Cases (2024)

Spinal fractures are among the most serious and potentially life-altering injuries sustained in personal injury cases. Victims in New York, including those in Manhattan, Queens, Brooklyn, The Bronx, Nassau County, and Suffolk County, often endure severe pain, long recovery times, and permanent limitations. Understanding the causes, treatments, impact on daily life, and legal considerations associated with spinal fractures is essential for those pursuing compensation in personal injury litigation. Real-world cases can provide valuable insights into how courts evaluate these injuries and award damages.


What is a Spinal Fracture?


A spinal fracture refers to a break or crack in one or more of the vertebrae that form the spinal column. The spine consists of 33 vertebrae, which are divided into cervical (neck), thoracic (mid-back), lumbar (lower back), sacral, and coccygeal regions. Spinal fractures can take various forms such as:


compression fractures

















burst fractures

  • flexion-distraction fractures (also known as a Chance fracture or seatbelt fracture), which occur when the vertebra is pulled apart, often in head-on collisions;


flexion distraction fractures 




















  • and fracture-dislocations, where the vertebra fractures and becomes displaced, leading to instability.


fracture-dislocations















Spinal fractures typically result from high-impact accidents. Car accidents on major New York roads like the Long Island Expressway, Grand Central Parkway, or FDR Drive can exert tremendous force on the spine, leading to fractures. Motorcycle accidents pose similar risks, as motorcyclists lack structural protection. Falls, whether on poorly maintained sidewalks, slippery staircases, or in construction settings, can also lead to spinal fractures. Construction accidents are particularly dangerous, as falls from scaffolds, ladders, or elevated platforms are common. Sports injuries, especially in contact sports or extreme activities, can also produce traumatic spinal fractures.


Recent Decisions


Several real-world cases illustrate how New York courts handle spinal fracture claims and the types of compensation victims receive. In Fabiano v. State of New York (3rd Dept. 2019), Mark Fabiano, a 49-year-old worker, fell 18 feet from a scaffold while helping to erect it under a New York State Thruway bridge in Catskill. He suffered a T-12 vertebral body chip and an L-1 compression fracture. His injuries required decompressive lumbar laminectomy surgery to fuse the T-12/L-1 vertebrae with titanium screws and the implantation of a permanent spinal cord stimulator. Despite treatment, Mr. Fabiano experienced chronic pain and could no longer work or engage in activities like fishing or playing with his grandchildren. The Court of Claims awarded him $1,000,000 for pain and suffering ($400,000 for past damages and $600,000 for future damages). Additional awards included $580,298 for medical expenses and $813,000 for lost earnings. Although Mr. Fabiano’s delay in seeking medical attention and pre-existing spinal issues influenced the case, the court ultimately recognized the severity of his injuries and their impact on his life.


In Xie v. Park Place Estate, LLC (2d Dept. 2020), Xiaoen Xie, a 47-year-old welder, fell 10 feet into a basement at a Queens construction site. He sustained a burst fracture at T-10 and a compression deformity at T-12. His treatment involved thoracic spine interbody fusion surgery with seven titanium screws, two 10 cm rods, and a bone cage. Mr. Xie was left with a 50% loss of forward flexion and chronic pain when sitting or standing for more than 20 minutes. Initially awarded $325,000 in pain and suffering, his compensation was increased on appeal to $650,000 ($400,000 for past damages and $250,000 for future damages). He also received $46,000 for past lost earnings but was denied future lost earnings due to a lack of evidence showing he could not work in any other capacity.


Another case illustrating the challenges of spinal fractures is Bock v. City of Mount Vernon (2d Dept. 2014). On April 14, 2007, 72-year-old Antonia Corapi fell nine inches from an elevated platform at a sports facility in Mount Vernon. She sustained a compression fracture of the L-1 vertebral body, necessitating two major surgeries: an L-1 kyphoplasty and a T-11 to L-3 posterior spinal fusion with instrumentation. Her recovery included lengthy hospital stays and ongoing physical therapy. Despite her treatment, Mrs. Corapi experienced permanent back pain and became wheelchair-bound. The jury awarded her $195,000 for pain and suffering ($50,000 for past damages and $145,000 for future damages), along with $59,992 for medical expenses. The award was reduced due to a 50-50 liability apportionment, as the jury found both parties at fault. The defense emphasized Mrs. Corapi’s pre-existing back conditions, which complicated her claim.


Legal Considerations


New York law provides specific protections and requirements for personal injury claims involving spinal fractures. Under Insurance Law Section 5102(d), victims in car accident cases must meet the “serious injury” threshold to pursue compensation for pain and suffering. Spinal fractures typically meet this threshold due to their severity. Additionally, the statute of limitations for filing a personal injury lawsuit in New York is generally three years, though shorter deadlines apply for claims against government entities. New York’s comparative negligence rule means that compensation may be reduced if the victim is partially at fault for the accident.


Maximizing Recovery


To maximize compensation for spinal fractures, victims should seek immediate medical attention to document the injury, follow treatment plans to demonstrate ongoing medical needs, and meticulously document medical expenses, lost wages, and the injury’s impact on daily life. Consulting an experienced personal injury attorney is essential for navigating New York’s legal system and advocating for fair compensation.


Final Thoughts

Spinal fractures can significantly impact daily life. Victims often suffer from chronic pain, limited mobility, and difficulty performing basic tasks like bending, lifting, or walking. These injuries can prevent individuals from returning to work, particularly in physically demanding jobs, and lead to emotional distress due to the loss of independence. The financial burden of medical bills, lost wages, and long-term care can be overwhelming.


Cases like Fabiano, Xie, and Bock demonstrate how courts evaluate these injuries, considering factors like chronic pain, pre-existing conditions, and the impact on a victim’s ability to work and enjoy life. With proper medical care, thorough documentation, and skilled legal representation, victims can pursue the compensation they need to rebuild their lives.


Disclaimer:


This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. For advice pertaining to your specific situation, please consult a qualified attorney licensed in your area.


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