Skip to main content

Understanding MRI Findings for Herniated Disc Car Accident Claims in New York

By Heitner Legal 8 min read

Key Takeaway

MRI reports using terms like disc protrusion, extrusion, and sequestration describe different degrees of disc injury. Learn how these findings affect your New York car accident claim and how insurance companies challenge MRI evidence.

This article is part of our ongoing legal coverage, with 0 published articles analyzing legal issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

When a doctor orders an MRI after a car accident, the resulting report arrives loaded with technical language — “C5-6 disc protrusion with right paracentral extension,” “L4-5 extrusion with inferior migration,” “multilevel degenerative changes.” For a car accident victim, these words can be confusing. For an insurance company, they are the primary battlefield for minimizing your claim.

Understanding what your MRI report actually says — and what it means for your New York personal injury claim — is one of the most important things you can do after a car accident involving neck or back injuries. This article explains the radiological terminology, the clinical significance of different MRI findings, and how insurance companies use (and misuse) MRI evidence to reduce settlement offers.

Why MRI Is Critical Evidence in New York Car Accident Cases

X-rays show bone. MRI shows soft tissue — including discs, nerves, ligaments, and spinal cord. For the most common car accident injuries (cervical and lumbar disc herniations, nerve root compressions, spinal cord injuries), MRI is the only widely available imaging modality that directly visualizes the injury.

In New York personal injury cases, MRI findings serve several critical functions:

Objective documentation of injury: Unlike subjective pain complaints, which insurance companies routinely dismiss as exaggerated or pre-existing, an MRI report is objective medical evidence generated by a board-certified radiologist reviewing actual images. A disc extrusion at C6-7 compressing the right nerve root is a documented anatomical finding — not a patient’s complaint.

Establishing causation: The temporal relationship between the accident and the first MRI showing disc pathology is central to proving that the injury was caused by the collision rather than pre-existing degeneration. MRI findings obtained within days or weeks of an accident, in a patient with no prior neck or back symptoms, create a strong inference of traumatic causation.

Directing medical treatment: MRI findings guide surgical decisions. An insurance company that disputes the need for surgery must often contend with an MRI showing disc extrusion with severe nerve root compression — which most surgeons would agree requires operative intervention.

IME doctor scrutiny: Defense Independent Medical Examination (IME) physicians — paid by the insurance company to examine claimants — focus heavily on MRI reports. Understanding the terminology allows you and your attorney to effectively counter IME opinions that minimize your injuries.

Anatomy Primer: The Cervical and Lumbar Spine

The spine has 33 vertebrae organized into five regions. Car accident injuries most commonly involve the cervical spine (neck, C1 through C7) and lumbar spine (lower back, L1 through L5 and the sacrum). Between each pair of vertebrae sits an intervertebral disc — a shock-absorbing structure composed of two parts:

Nucleus pulposus: The inner gel-like core of the disc, composed primarily of water and proteoglycans. In young, healthy discs the nucleus pulposus is highly hydrated (appears bright white on T2 MRI sequences). With aging or injury, the nucleus dehydrates and loses height. Under high compressive force — such as the deceleration load of a car accident — the nucleus pulposus can be pushed outward through the annulus fibrosus.

Annulus fibrosus: The tough outer ring of the disc, composed of concentric layers of collagen fibers arranged in alternating diagonal directions. The posterior (back) portion of the annulus is reinforced by the posterior longitudinal ligament (PLL), which runs along the back of the vertebral bodies. The posterolateral portion of the annulus is its weakest point — which is why most disc herniations occur in the posterolateral direction, where they are most likely to compress exiting nerve roots.

The key disc levels in car accident injuries are:

Cervical: C4-5, C5-6, C6-7, and C7-T1

Lumbar: L3-4, L4-5, and L5-S1

Radiological Terminology: What Your MRI Report Actually Means

Disc Bulge

A disc bulge describes a generalized, symmetric extension of the disc margin beyond the posterior borders of the adjacent vertebral end plates. In a true disc bulge, the entire circumference of the disc extends slightly beyond the vertebral end plate — like a burger patty that is wider than the bun on all sides.

Disc bulges are extremely common in the general population and correlate strongly with age-related degenerative changes rather than acute traumatic injury. Studies of asymptomatic individuals (people with no back or neck pain) have found disc bulges in 30 to 40 percent of adults over 40 years old on MRI. Insurance companies and defense IME physicians seize on disc bulge findings to argue that the MRI is showing “normal degenerative changes” unrelated to the accident.

However, even a “degenerative” disc bulge can be significantly worsened by traumatic injury — and in a person who was completely asymptomatic before a car accident, a disc bulge causing new-onset radiculopathy is compensable under New York’s aggravation doctrine.

Disc Protrusion

A disc protrusion is a focal, asymmetric extension of disc material beyond the disc space margin in which the base of the protrusion (measured at the disc level) is wider than the height of the extension. In simpler terms, the disc material pushes out like a small bump, but it remains attached to the main disc by a broad base.

Protrusions are more clinically significant than bulges because they indicate focal disruption of the annulus fibrosus rather than generalized wear. Protrusions can be symptomatic — particularly if they are located in the posterolateral position (paracentral or foraminal) where they can contact nerve roots. However, like bulges, protrusions can be degenerative in origin, and their presence alone does not establish traumatic causation.

Disc Extrusion

A disc extrusion (also called an extruded disc or disc herniation with extrusion) occurs when disc material passes completely through all layers of the annulus fibrosus. On MRI, the key feature of an extrusion is that the height (or craniocaudal extent) of the herniated material is greater than the width of its base at the disc level — the disc material narrows at the point where it passed through the annulus, like a mushroom.

Disc extrusions are clinically more significant than protrusions for several reasons. First, they are more likely to directly compress nerve roots or the spinal cord. Second, they are more strongly associated with traumatic causation than bulges or protrusions — while degeneration rarely produces a true extrusion in isolation, high-energy trauma (like the forces in a car accident) is known to cause acute disc extrusions. Third, extrusions are more likely to require surgical intervention, dramatically increasing the medical economic damages in a personal injury claim.

An MRI showing a disc extrusion at C6-7 or L4-5 with corresponding nerve root compression, in a plaintiff who was entirely asymptomatic before a rear-end collision, is powerful objective evidence supporting both causation and significant injury.

Disc Sequestration

Disc sequestration is the most severe form of disc herniation. In a sequestered disc, the extruded fragment of nucleus pulposus has separated entirely from the parent disc — a free fragment of disc material lying in the spinal canal or neural foramen, no longer attached to the disc from which it came. On MRI, sequestered fragments appear as discrete masses that may migrate superiorly or inferiorly from the disc level.

Sequestered disc fragments are highly likely to cause nerve root compression or cauda equina involvement (if large and central in the lumbar spine). They frequently require surgical intervention — either microdiscectomy to remove the fragment or, in severe cases, a more extensive decompressive procedure. Disc sequestration is the rarest and highest-value disc finding from a personal injury damages standpoint.

The Term “Herniation” as a Broad Category

When radiologists and clinicians use the word “disc herniation” without further specification, they typically mean any focal displacement of disc material beyond the normal disc margin — encompassing protrusions, extrusions, and sequestrations. “Herniation” is not itself a severity descriptor; always read the MRI report carefully for the specific term (protrusion vs. extrusion vs. sequestration) and the location descriptor.

Location Descriptors: Where the Disc Herniates Matters

The location of a disc herniation — within the spinal canal — determines which neural structures it compresses and what symptoms it produces.

Central: Herniation directly into the midline of the spinal canal. Central herniations may compress the spinal cord itself (myelopathy) in the cervical spine, or the cauda equina in the lumbar spine. Large central herniations are potentially the most serious, as spinal cord damage can cause permanent neurological deficits.

Paracentral (posterolateral): The most common symptomatic location. The disc material is displaced slightly off-midline, compressing the traversing nerve root as it descends toward its exit foramen. In the lumbar spine, an L4-5 paracentral herniation typically affects the L5 nerve root; an L5-S1 paracentral herniation affects the S1 root.

Foraminal: The herniation extends directly into the neural foramen — the bony tunnel through which the nerve root exits the spinal canal. Foraminal herniations compress the exiting nerve root (at the lumbar spine, the nerve root corresponding to the superior vertebra of the motion segment — e.g., a foraminal herniation at L4-5 compresses the L4 root, not L5).

Far lateral (extraforaminal): The herniation extends outside the neural foramen entirely. Far lateral herniations are uncommon and may be missed on MRI if the radiologist does not specifically review the far lateral sequences. They affect the same numbered nerve root as the superior vertebra.

Level-Specific Symptoms: Correlating MRI to Clinical Presentation

One of the most important aspects of a disc herniation personal injury claim is demonstrating that the MRI findings correlate with the plaintiff’s clinical symptoms. An extrusion that compresses a specific nerve root should produce the symptoms, reflexes changes, and weakness pattern corresponding to that root.

Cervical disc herniations and nerve root levels:

At C4-5, the C5 nerve root is affected — causing deltoid weakness, shoulder pain, and reduced biceps reflex. At C5-6 (one of the most common levels), the C6 root is affected — biceps and brachioradialis reflex reduction, weakness of wrist extension and biceps, and pain/numbness radiating to the thumb and index finger. At C6-7, the most commonly symptomatic cervical disc level in car accident victims, the C7 root is affected — triceps reflex reduction, triceps weakness (elbow extension), and pain/numbness radiating to the middle finger. At C7-T1, the C8 root is affected — intrinsic hand muscle weakness and pain/numbness to the ring and small fingers.

Lumbar disc herniations and nerve root levels:

At L3-4, the L4 nerve root is affected — quadriceps weakness (knee extension), reduced or absent patellar (knee jerk) reflex, and pain/numbness along the anterior thigh and medial leg. At L4-5, the L5 root is affected — weakness of big toe extension (extensor hallucis longus, or EHL, is the classic L5 test muscle), foot drop in severe cases, and pain/numbness along the lateral leg and dorsum of the foot. There is no reflex change at L4-5. At L5-S1, the S1 root is affected — reduced or absent Achilles (ankle jerk) reflex, calf and peroneals weakness, difficulty standing on toes, and pain/numbness along the posterior leg, lateral heel, and small toe. L5-S1 is the most commonly symptomatic lumbar disc level in car accident victims.

Pre-Existing Degeneration vs. Acute Traumatic Changes

The single most significant battle in disc herniation personal injury claims is causation: did the car accident cause the disc injury, or was it pre-existing degenerative disease?

Insurance companies routinely commission IME physicians to opine that MRI findings represent “pre-existing degenerative changes” not caused by the accident. This argument deserves a careful response.

The prevalence argument: Defense experts often cite population studies showing high rates of asymptomatic disc pathology in middle-aged adults — for example, a widely cited study (Jensen et al., NEJM 1994) found disc protrusions in 27% and bulges in 52% of asymptomatic individuals. This is used to argue that the MRI findings were present before the accident and are coincidental. The response: being asymptomatic before the accident and symptomatic immediately after, with findings that correlate precisely to the level and location of the symptoms, strongly supports traumatic causation or traumatic aggravation.

The aggravation doctrine (eggshell plaintiff): New York follows the well-established “eggshell plaintiff” rule — a tortfeasor takes the plaintiff as they find them. If a plaintiff had pre-existing, asymptomatic degenerative disc disease that was aggravated into a symptomatic condition by the car accident, the defendant is liable for the full extent of the resulting harm — including the aggravation of the pre-existing condition. The fact that a plaintiff had “some degeneration” before the accident does not eliminate the claim; it requires showing that the accident worsened the condition.

Documenting the temporal relationship: The most powerful argument for traumatic causation is a clear temporal relationship — no symptoms before the accident, immediate onset of symptoms after, and MRI findings consistent with the mechanism of injury. This requires: (1) medical records showing no prior neck or back treatment; (2) emergency department or urgent care records documenting the immediate onset of pain after the accident; and (3) MRI obtained within weeks of the accident (not months later, which gives defense attorneys room to argue continued degeneration).

Pre-accident imaging: If prior imaging exists (from an unrelated study, prior injury, or screening), it can be invaluable — either to show the disc was normal before the accident, or to show that new pathology has developed since.

EMG and Nerve Conduction Studies

MRI shows anatomy — the disc herniation and its spatial relationship to neural structures. Electromyography (EMG) and nerve conduction studies (NCS) show physiology — whether the nerve root is actually being injured by the compression seen on MRI.

EMG/NCS are particularly valuable when MRI findings are borderline or when there is a question about which level is symptomatic. Positive EMG findings (denervation potentials, reduced recruitment, fibrillations) in the muscle distribution of a specific nerve root provide electrophysiological confirmation of the nerve root injury seen on MRI. Insurance companies frequently commission defense EMGs through IME physicians — these studies are designed to minimize findings and are often performed months after injury when acute denervation has partially resolved. Timing of EMG matters: studies performed 3 to 6 weeks after injury capture acute denervation most reliably.

How Insurance Companies Challenge MRI Evidence

Understanding the insurance industry’s playbook for challenging MRI evidence helps your attorney prepare effective responses:

Defense IME physicians: Insurance companies retain physicians (typically orthopedic surgeons, neurologists, or physiatrists) to perform IME examinations. These physicians review MRI reports and images, then opine that findings are degenerative, not traumatically caused, and/or do not require the treatment the plaintiff’s surgeon has recommended. IME physicians are paid per examination — sometimes hundreds per year — and produce opinions favorable to insurance companies at high rates. Their credibility is a central issue in personal injury litigation.

Daubert/Frye causation challenges: In New York courts, defense attorneys may challenge expert witness testimony on causation using Frye (general acceptance in the scientific community) or federal Daubert standards. Defense experts cite population studies on asymptomatic disc pathology prevalence to argue that it is scientifically unreliable to attribute a disc herniation to a specific traumatic event. These challenges are most often raised against plaintiffs who have limited acute documentation or who sought MRI evaluation many months after the accident.

Surveillance and inconsistency arguments: Insurance companies regularly conduct video surveillance of personal injury claimants and attempt to show that the plaintiff’s activities are inconsistent with claimed disability. MRI findings are objective — but the claimed limitations need to be consistent and well-documented throughout the medical record.

Getting the Most From Your MRI

Not all MRIs are created equal. To maximize the diagnostic and evidentiary value of your post-accident MRI:

See a specialist radiologist: Whenever possible, have your MRI interpreted by a neuroradiologist or musculoskeletal radiologist — not a general radiologist. These subspecialty radiologists are more likely to identify subtle findings like nerve root contact, cord signal changes, and ligamentous injuries. A detailed radiology report with specific measurements (diastasis, disc height, foraminal dimensions) is far more useful in litigation than a cursory “disc herniation present” report.

Request the right sequences: Standard MRI protocols may not include STIR (Short Tau Inversion Recovery) sequences, which are particularly sensitive for acute edema and inflammatory changes that accompany acute traumatic injury. STIR sequences can differentiate acute from chronic disc changes and may show acute bone marrow edema at the endplates. Ask your treating physician or the ordering facility about including STIR sequences.

Timing matters: Studies suggest that the best window for capturing acute post-traumatic disc changes is within 6 weeks of injury, while edema and inflammatory changes are most visible. MRI obtained immediately after a major accident may miss early changes; MRI obtained many months later may show changes that defense experts argue are degenerative progression rather than acute trauma. If possible, obtain your first MRI within 2 to 6 weeks of the accident.

Obtain the images, not just the report: Always request a CD or digital copy of your MRI images — not just the written report. Your attorney’s expert witnesses will need to review the actual images, not just the radiologist’s interpretation.

How MRI Findings Affect Settlement Value

In New York car accident claims, MRI findings create a rough hierarchy of claim value, from most to least impactful:

Disc extrusion or sequestration with surgical recommendation: The highest-value MRI finding. A fellowship-trained spine surgeon’s opinion that a disc extrusion requires surgery — ACDF (anterior cervical discectomy and fusion) for cervical, or lumbar discectomy/fusion for lumbar — creates significant economic damages (surgical bills, lost wages during recovery) and justifies substantial pain and suffering compensation. Cervical fusions in New York routinely generate seven-figure settlements in cases with clear liability.

Disc extrusion with documented nerve root compression and correlating symptoms: Even without surgery (or in cases where surgery is recommended but deferred), an MRI showing extrusion with nerve root compression correlated to radiculopathy symptoms (positive EMG, reflex changes, sensory deficits) is powerful evidence. Insurance companies know these cases perform well at trial.

Disc protrusion with correlating symptoms and conservative treatment: Moderate claim value. Multiple levels, bilateral findings, or involvement of the cervical cord add value. Cases without convincing clinical correlation (the MRI shows pathology but there are minimal objective examination findings) are weaker.

Disc bulge with conservative treatment: Lowest MRI-based value. Insurance companies often offer nuisance-value settlements and aggressively contest serious injury threshold. Persuasive claims at this level require strong documentation of functional limitations, consistent treatment, and clinical correlation.

The bottom line: radiological findings must correlate with clinical presentation to be persuasive. An MRI that shows a large disc extrusion in a plaintiff who saw a chiropractor three times and returned to work the following week will be worth far less than one in a plaintiff with documented persistent radiculopathy, multiple surgical consultations, and measurable functional limitations.

Our Long Island car accident lawyer team handles car accident disc herniation claims throughout Nassau County, Suffolk County, and New York City. If you have been injured in a car accident and have received an MRI showing disc pathology, contact us for a free case evaluation to understand how your specific findings affect your claim value.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

Common Questions

Frequently Asked Questions

How does this legal issue affect my rights in New York?

New York law provides specific protections and remedies that may apply to your situation. Whether your case involves no-fault insurance, personal injury, or employment law, understanding the relevant statutes and court precedents is critical. An experienced New York attorney can evaluate how the law applies to your specific circumstances.

Should I consult an attorney about my legal matter?

If you are involved in a legal dispute in New York — whether it concerns an insurance claim denial, workplace issue, or injury — consulting an experienced attorney is strongly recommended. The Law Office of Jason Tenenbaum, P.C. offers free consultations and handles cases across Long Island and New York City. Early legal advice can protect your rights and preserve important deadlines.

What deadlines apply to legal claims in New York?

New York imposes strict deadlines on legal claims. Personal injury lawsuits must be filed within 3 years (CPLR §214). No-fault insurance applications require filing within 30 days of the accident. Medical malpractice claims have a 2.5-year limit. Missing these deadlines can permanently bar your claim, so prompt action is essential.

Was this article helpful?

Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a legal matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Reviewed & Verified By

Heitner Legal, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Legal Resources

Understanding New York Legal Law

New York has a unique legal landscape that affects how legal cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For legal matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.

Call Now Free Review