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Long Island chest injury lawyer — rib fracture and thoracic injury from car accident
★★★★★ 4.9 Rating • 200+ Reviews

Long Island Chest Injury
Lawyer

Rib fractures, sternal fractures, traumatic aortic injuries, and seatbelt chest trauma are among the most serious — and most complex — car accident injuries on Long Island. We fight for every dollar of future medical costs, lost income, and pain and suffering. No fee unless we win.

Serving Long Island, Nassau County, Suffolk County & All of NYC

$100M+

Recovered

24+

Years Experience

$3.2M

Top Chest Result

24/7

Available

Quick Answer

Rib fractures, sternal fractures, and clavicle fractures from car accidents automatically satisfy the "fracture" category of New York Insurance Law §5102(d) — no additional showing of permanence is required. Pulmonary and cardiac contusions must be proven under the "significant limitation" or "permanent consequential limitation" categories, requiring objective evidence such as reduced FVC measurements on pulmonary function tests or documented cardiac dysfunction on echocardiogram, consistent with the standard set in Toure v. Avis Rent A Car. Traumatic aortic injury cases are among the highest-value personal injury claims in New York, supported by life care plans projecting decades of vascular surveillance and, in cases with paraplegia, comprehensive long-term care costs.

Last updated: April 2026 · Every case is unique — these ranges reflect general New York outcomes and are not guarantees.

Chest Injury Cases We Handle

What Type of Chest Injury Do You Have?

Rib Fractures / Flail Chest

Sternum Fracture

Traumatic Aortic Injury

Pulmonary / Cardiac Contusion

Pneumothorax / Hemothorax

Clavicle Fracture / Seatbelt Syndrome

Proven Track Record

Chest Injury Car Accident Results

When cardiac records, pulmonary function tests, vascular surgery documentation, and life care plans are properly assembled, chest injury cases yield some of the highest verdicts and settlements in Long Island personal injury law. We know how to build and present this evidence.

$3.2M

Traumatic Aortic Injury + TEVAR

High-speed highway collision caused traumatic aortic transection at the isthmus; emergency TEVAR (thoracic endovascular aortic repair) performed; plaintiff survived but developed paraplegia from spinal cord ischemia as a complication of aortic repair; life care plan projected $2.8M in lifetime care costs for paraplegia management

$1.1M

Flail Chest + Respiratory Failure

Multi-car pileup caused flail chest (6 bilateral rib fractures) with underlying pulmonary contusion; mechanical ventilation required for 11 days in ICU; pulmonologist documented permanent 35% reduction in forced vital capacity; plaintiff, a 55-year-old firefighter, medically retired due to respiratory impairment

$625K

Sternum Fracture + Cardiac Contusion

Frontal airbag deployment caused sternal fracture with cardiac contusion confirmed by troponin elevation and ECG changes; 10-day cardiac monitoring hospitalization; cardiologist documented persistent arrhythmia and reduced ejection fraction on echocardiogram — cardiac sequelae persisted at 24-month follow-up

$285K

Multiple Rib Fractures + Intercostal Neuralgia

Seatbelt restraint caused fractures of ribs 5-8 with post-healing intercostal neuralgia; intercostal nerve blocks performed every 3 months; plaintiff, a 49-year-old chef, documented permanent activity restriction due to chronic chest wall pain; pain management specialist documented permanent impairment

$175K

Pneumothorax + Hemothorax

T-bone collision caused pneumothorax and hemothorax requiring chest tube placement; 5-day hospitalization; pulmonary function tests at 6 months showed residual restrictive pattern; plaintiff, a 38-year-old runner, permanently unable to engage in high-intensity exercise — treating pulmonologist confirmed permanent 15% FVC reduction

$115K

Clavicle Fracture + Seatbelt Syndrome

Seatbelt restraint caused displaced clavicle fracture with classic diagonal seatbelt contusion pattern; ORIF with plate fixation; 3-month recovery; treating orthopedist documented 20% permanent impairment of the shoulder girdle satisfying §5102(d) significant limitation threshold

Past results do not guarantee a similar outcome. Each case is unique.

Simple Process

Getting Started Takes 5 Minutes

1

Call or Click

Reach us 24/7 at (516) 750-0595 or fill out our online form. We respond within minutes.

2

Medical Records Reviewed

We obtain your emergency room records, CT of the chest, cardiac monitoring data, operative reports, and pulmonary function test results. We identify whether your chest injury satisfies the fracture category or requires threshold proof through PFT findings, cardiac studies, and specialist opinions.

3

Experts Retained

We retain pulmonologists, cardiologists, vascular surgeons, life care planners, and vocational economists as needed to document future medical costs, lost earning capacity, and the full scope of your damages over your lifetime.

4

We Fight. You Heal.

We handle the insurance company’s defense team and every legal proceeding. You focus on your recovery and rehabilitation. We don’t get paid until you do.

Why Tenenbaum Law for Chest Injury Cases

Built to Handle Thoracic Injury Claims and Pulmonary Damages

Chest injury cases demand mastery of pulmonary function testing, cardiac contusion documentation, vascular surgery records, and the §5102(d) serious injury threshold. Jason Tenenbaum has spent 24 years fighting insurance companies over exactly these issues — from PFT threshold disputes to multi-million-dollar life care plan presentations in cases involving traumatic aortic repair and paraplegia.

§5102(d) Threshold — Fracture and Pulmonary Function

Rib, sternal, and clavicle fractures satisfy the enumerated "fracture" category automatically. For pulmonary and cardiac injuries, we build the objective evidence record — PFT measurements, echocardiogram findings, specialist opinions — required to survive threshold motions and reach the jury.

Life Care Plans & Future Medical Costs

For traumatic aortic injury patients and those with permanent pulmonary impairment, we retain certified life care planners to project future vascular surveillance, respiratory care, and long-term treatment costs — often the single largest component of case value.

Pre-Existing Condition Defense Rebutted

Insurers routinely argue that prior pulmonary conditions — asthma, smoking history, prior rib injuries — caused the measured impairment independent of the crash. We retain specialists who document the aggravation analysis with pre-accident baseline comparisons and biomechanical causation opinions.

★★★★★
“After the crash on the LIE, I thought I just had bruised ribs. A week later I could barely breathe. Jason’s team got me to the right pulmonologist, ordered proper function tests, and documented the permanent damage to my lungs. They handled the entire case while I focused on recovery and got me a result that covered all my future care costs.”
R

Robert K.

Flail Chest — Long Island Expressway

Legal Analysis

How Car Accidents Cause Chest, Thoracic, and Seatbelt Injuries

The thoracic cage — the bony structure formed by the sternum, ribs, and thoracic vertebrae — protects the heart, lungs, great vessels, and thoracic aorta from external forces. In normal daily life, this structure is more than adequate to protect the organs it surrounds. In a vehicle collision, however, the forces involved are orders of magnitude greater: a 35-mph frontal collision subjects the chest wall to compressive and bending forces that the thoracic skeleton was not designed to resist, and even the restraint system designed to protect the occupant becomes a source of injury when deceleration forces are extreme.

The most common mechanism of chest injury in car accidents involves the seatbelt restraint system. The diagonal shoulder belt runs from the occupant’s left shoulder across the chest to the right hip. During a frontal collision, as the body’s momentum carries it forward against the decelerating vehicle, the diagonal belt applies a compressive and bending force directly to the clavicle, upper ribs, and sternum. The force is concentrated at whatever bony structure lies in the path of the restraint, and the result is a predictable pattern of fractures: mid-shaft clavicle fracture, fractures of ribs 3 through 6 on the side of the shoulder belt, and sternal fractures from direct anterior compression. The characteristic diagonal bruising pattern — the seatbelt contusion or seatbelt sign — is direct physical evidence of restraint force and constitutes valuable admissible proof of the severity of the collision.

Steering wheel chest impact is the second major mechanism, particularly in older vehicles without airbag protection or in cases where the airbag failed to deploy. In a frontal collision, the unrestrained or partially restrained occupant continues forward until the sternum and anterior chest wall impact the steering column. Sternal fractures, multiple bilateral rib fractures, pulmonary contusion, and cardiac contusion all result directly from steering wheel impact. In modern vehicles with airbag deployment, the deploying airbag itself can cause sternal and rib fractures, though the injuries are generally less severe than steering wheel impact without airbag protection.

Side-impact and T-bone collisions apply lateral force to the rib cage through the door intrusion. Lateral rib fractures, pneumothorax from rib ends puncturing the pleural space, and hemothorax from intercostal vessel laceration are the characteristic injuries of side-impact thoracic trauma. In high-energy side impacts, the lateral force can transmit through the mediastinum and produce traumatic aortic injury at the isthmus — a life-threatening emergency requiring immediate surgical intervention.

High-speed deceleration injury produces the most dangerous thoracic injury pattern: traumatic aortic transection at the aortic isthmus. As the vehicle decelerates abruptly, the mobile aortic arch continues forward while the fixed descending thoracic aorta is anchored by the ligamentum arteriosum and intercostal vessels, creating a shear force at the isthmus that tears the aortic wall. The majority of patients with complete aortic transection die at the scene. Survivors who reach the hospital have partial tears or pseudoaneurysms requiring emergency TEVAR or open surgical repair. For a comprehensive discussion of the force mechanisms involved in Long Island car accidents, see our car accident lawyer page.

Types of Chest Injuries from Car Accidents

Car accidents produce a spectrum of thoracic injuries ranging from isolated rib fractures to life-threatening aortic tears and respiratory failure.

Rib fractures are the most common chest injury in car accidents. Individual rib fractures heal with conservative management over 4 to 6 weeks but cause significant pain with breathing, coughing, and movement during the healing period. Multiple rib fractures — particularly three or more — substantially increase the risk of complications: pneumothorax from a rib end puncturing the pleural lining, hemothorax from laceration of intercostal vessels, and pulmonary contusion from transmission of fracture force to the underlying lung parenchyma. Flail chest is the most dangerous rib fracture pattern, defined as fractures of three or more adjacent ribs in two or more locations, creating a free-floating segment that moves paradoxically during breathing and impairs ventilation. Flail chest requires ICU admission and frequently mechanical ventilation.

Sternal fractures result from direct anterior chest wall compression — typically from steering wheel impact or airbag deployment force. The sternum is the anterior midline bony structure connecting the ribs, and a fracture disrupts the structural integrity of the entire thoracic cage. Sternal fractures are painful and take 6 to 12 weeks to heal; more importantly, a sternal fracture implies significant force transmission to the underlying heart and great vessels, raising the clinical concern for cardiac contusion and traumatic aortic injury that must be evaluated with cardiac enzymes, ECG, and CTA of the chest.

Cardiac contusion is bruising of the myocardium (heart muscle) from blunt anterior chest wall trauma. It is diagnosed by elevated troponin levels on serial measurements and ECG changes including arrhythmias, ST-segment changes, and new bundle branch block. Severe cardiac contusion can cause ventricular dysfunction measurable on echocardiogram as reduced ejection fraction. Persistent arrhythmia, reduced ejection fraction on echocardiogram at 6-month follow-up, and ongoing cardiologist care are evidence of permanent cardiac sequelae that substantially increase case value.

Pulmonary contusion is hemorrhage and edema within the lung parenchyma from the transmission of blunt force through the chest wall. It appears on CT scan as a region of ground-glass opacity or consolidation in the lung and produces hypoxemia in severe cases requiring supplemental oxygen or mechanical ventilation. Pulmonary contusion typically resolves over 3 to 5 days, but severe contusion can result in permanent fibrotic changes with restrictive lung physiology measurable on pulmonary function testing.

Pneumothorax and hemothorax are collections of air and blood, respectively, in the pleural space between the lung and the chest wall. They are caused by rib fractures lacerating the pleura or by direct penetrating chest trauma. Both conditions compress the underlying lung and impair ventilation; both are treated with chest tube placement under local anesthesia to drain the air or blood and allow the lung to re-expand. A significant pneumothorax or hemothorax requires hospitalization of 3 to 7 days for chest tube management and monitoring. Residual pleural thickening, pleural adhesions, or a persistent restrictive pattern on pulmonary function testing following pneumothorax or hemothorax constitute objective evidence of permanent pulmonary limitation.

Clavicle fractures from seatbelt syndrome are fractures of the clavicle (collarbone) caused by the diagonal shoulder belt. They typically occur at the mid-shaft of the clavicle where the belt directly contacts bone. Displaced clavicle fractures frequently require surgical treatment with open reduction and internal fixation (ORIF) using a plate and screws. The seatbelt contusion pattern documenting the exact location of the restraint force is direct evidence of the mechanism, and the clavicle fracture itself automatically satisfies the §5102(d) fracture category.

Satisfying §5102(d): Fractures vs. Pulmonary and Cardiac Injuries

New York Insurance Law §5102(d) requires that a plaintiff in a car accident case prove a "serious injury" as a threshold to recover non-economic damages such as pain and suffering. For chest injuries, the applicable categories depend on the type of injury.

Chest fractures — the fracture category: Insurance Law §5102(d) lists "fracture" as one of the nine enumerated categories of serious injury. Any rib fracture, sternal fracture, or clavicle fracture causally related to the accident satisfies this category without requiring any additional showing of permanence or significant limitation. Each individual rib fracture is a separate fracture for threshold purposes. A plaintiff with six rib fractures has met the fracture threshold six times. The fracture category is the most important threshold tool for chest injury plaintiffs because it is met on the face of the diagnostic record — the chest X-ray or CT identifying the fractures — without expert testimony about permanence or limitation.

Pulmonary and cardiac injuries — significant limitation or permanent consequential limitation: Pulmonary contusion, pneumothorax, hemothorax, and cardiac contusion are not fractures and do not automatically satisfy the threshold. Under Toure v. Avis Rent A Car System, 98 N.Y.2d 345 (2002), the plaintiff must present objective medical evidence of a significant or permanent limitation. For pulmonary injuries, pulmonary function tests (PFTs) measuring FVC, FEV1, and DLCO provide the objective metric. A documented percentage reduction in FVC of 15% or more at 6-month and 12-month measurements, confirmed by a treating pulmonologist as permanent, satisfies the significant limitation category. For cardiac contusion, echocardiogram findings of reduced ejection fraction and persistent arrhythmia on 24-month follow-up provide the objective cardiac evidence.

Traumatic aortic injury: Traumatic aortic injury and its surgical repair represent one of the most compelling serious injury presentations available. The near-fatal nature of the injury, the emergency surgical intervention, and the documented risk of permanent complications — including paraplegia from spinal cord ischemia and the lifetime requirement for CTA surveillance — constitute overwhelming evidence of permanent consequential limitation of a body function or system. Aortic injury cases easily satisfy the threshold on multiple independent grounds.

No-fault PIP benefits and the threshold interplay: New York’s no-fault system provides up to $50,000 per person for reasonable and necessary medical expenses and lost wages regardless of fault. For chest injury patients, no-fault PIP covers emergency room costs, hospitalization for chest tube placement or mechanical ventilation, pulmonologist and cardiologist consultations, PFT studies, and lost wage replacement. The $50,000 no-fault cap is frequently exhausted in chest injury cases involving hospitalization and specialist follow-up; the tort claim recovers the remaining medical costs and all non-economic damages. For a full analysis of the serious injury threshold and how it applies across all injury types, see our car accident lawyer page.

Key Point: Fracture Category vs. Pulmonary Function Threshold

Any rib, sternal, or clavicle fracture causally related to the accident satisfies Insurance Law §5102(d)’s "fracture" category without requiring proof of permanence or limitation. Pulmonary and cardiac injuries must be proven under the "significant limitation" or "permanent consequential limitation" categories, requiring objective PFT measurements and specialist opinions under Toure. Choosing the right theory and building the right evidence record from the first specialist visit is essential. For a full overview of §5102(d) threshold analysis, see our car accident lawyer page.

Traumatic Aortic Injury: The Most Dangerous Chest Complication

Traumatic aortic injury is the second leading cause of death in high-speed motor vehicle accidents, exceeded only by brain injury. The vast majority of victims with complete aortic transection — full-thickness tear through all three layers of the aortic wall — die at the scene or during transport. The patients who survive to hospital admission have partial aortic tears or contained aortic pseudoaneurysms, in which the outermost adventitial layer of the aorta temporarily contains the hemorrhage, allowing a narrow window for diagnosis and emergency intervention.

Emergency diagnosis of traumatic aortic injury in accident victims relies on computed tomographic angiography (CTA) of the chest. The CTA demonstrates the location of the tear, the degree of aortic wall involvement, and the presence of periaortic hematoma. Most injuries are located at the aortic isthmus just distal to the left subclavian artery takeoff — the anatomical tethering point where deceleration shear forces are concentrated.

Treatment is either TEVAR — thoracic endovascular aortic repair — or open surgical repair. TEVAR involves deployment of a covered stent graft within the aortic lumen through a percutaneous femoral approach, sealing the tear from within. TEVAR has replaced open repair as the standard of care for most traumatic aortic injuries because it avoids the thoracotomy incision, cross-clamping of the aorta, and the associated cardiopulmonary risks. However, TEVAR carries its own risks: spinal cord ischemia from coverage of the intercostal arteries that supply the anterior spinal artery, causing paraplegia in 2 to 8% of cases; endoleak (persistent blood flow outside the stent) requiring re-intervention; and stent migration or collapse requiring revision surgery. Long-term follow-up requires periodic CTA surveillance for aortic complications for the remainder of the patient’s life.

For case valuation purposes, traumatic aortic injury cases produce the highest values in thoracic personal injury law for three independent reasons. First, the near-death nature of the injury — the patient survived something that kills the majority of victims — produces substantial non-economic damages for fear and emotional distress in addition to physical pain and suffering. Second, even survivors without paraplegia face permanent activity restrictions imposed by their vascular surgeon, lifelong CTA surveillance costs, and the documented risk of long-term aortic complications requiring re-intervention. Third, survivors with paraplegia from spinal cord ischemia face catastrophic future care needs documented in a life care plan — attendant care, home modification, mobility equipment, respiratory care — that routinely project $2 million or more in lifetime care costs. For the most catastrophic chest injury cases, see also our catastrophic injury attorney page.

Chronic Chest Pain, Intercostal Neuralgia, and Long-Term Case Value

The long-term value of a chest injury case often depends less on the acute injury itself and more on whether chronic complications are properly identified, documented, and presented to the jury or insurer. Intercostal neuralgia, persistent pulmonary function impairment, chronic cardiac sequelae, and vocational impact are the four principal drivers of long-term case value in thoracic injury claims.

Intercostal neuralgia develops when the intercostal nerves running beneath the ribs are injured or entrapped during the fracture and healing process. It is the most common source of chronic pain after rib fractures and persists after the bones have radiologically healed. Patients experience burning, stabbing, or aching pain along the distribution of the affected intercostal nerve that worsens with deep breathing, coughing, bending, and reaching. The diagnosis is clinical — EMG/NCV testing is less reliable for intercostal nerves than for peripheral extremity nerves — and is confirmed by the pain management specialist’s physical examination showing reproduction of the pain at the fracture site, combined with response to intercostal nerve block injection. Documented nerve blocks performed every 3 months by a board-certified pain management specialist establish the permanence of the condition, prevent gap-in-treatment arguments, and project future treatment costs for inclusion in the damages claim.

Permanent pulmonary function impairment is documented through serial PFTs at 6 and 12 months post-injury. Plaintiffs who suffered flail chest, severe pulmonary contusion, pneumothorax, or hemothorax may develop permanent restrictive lung physiology from pleural adhesions, parenchymal fibrosis, or chest wall scarring. A permanent 15% to 35% reduction in FVC or FEV1, documented by a treating pulmonologist as unrelated to any pre-existing condition, satisfies the §5102(d) significant limitation threshold and supports ongoing damages for activity restriction and diminished exercise capacity. For plaintiffs in physically demanding occupations — firefighters, construction workers, laborers — permanent pulmonary impairment that prevents return to their pre-accident occupation is documented through a vocational rehabilitation expert and economist, adding substantial lost earning capacity to the damages claim.

Cardiac sequelae from myocardial contusion — persistent arrhythmia, reduced ejection fraction, and need for ongoing cardiologist follow-up — are documented through serial echocardiograms, Holter monitoring, and the treating cardiologist’s opinion on permanence. A cardiologist’s opinion that the plaintiff has a permanent 20% reduction in ejection fraction at 24-month follow-up, causally attributable to the accident, is objective evidence of permanent consequential limitation of the cardiac system that survives summary judgment and substantially increases damages.

Vocational impact for chest injury plaintiffs in physically demanding work is documented through a vocational rehabilitation expert who analyzes the specific physical demands of the pre-accident job and compares them to the permanent restrictions imposed by the treating physicians. A plaintiff who worked as a firefighter, paramedic, construction worker, or athlete and has permanent restrictions on heavy lifting, aerobic exertion, or repeated overhead reaching has suffered measurable lost earning capacity that is quantified by an economist and presented as a separate category of future economic damages. For wrongful death claims where the plaintiff did not survive the chest injuries, see our wrongful death attorney page.

Warning: Wrongful Death Deadline for Fatal Aortic Injury Cases

Patients who die from traumatic aortic injury, respiratory failure, or other thoracic injuries sustained in a car accident may have a wrongful death claim under EPTL §5-4.1. The wrongful death statute of limitations is 2 years from the date of death — a separate and independent deadline from the 3-year personal injury deadline. If a loved one died following chest injuries sustained in a car accident, call us immediately at (516) 750-0595.

Related practice areas: Car Accident LawyerInternal Injury LawyerCatastrophic Injury AttorneyWrongful Death AttorneyPersonal Injury

Chest Injury Case Questions

Answers You Need Right Now

How do seatbelts cause chest injuries in car accidents?
Seatbelts present what is sometimes called the seatbelt paradox: the restraint system saves lives by preventing ejection and reducing head impact injuries, but the forces required to restrain an occupant during a serious collision produce their own distinct injury patterns. The diagonal shoulder belt crosses from the left shoulder down to the right hip and applies its restraint force across the clavicle, ribs, and sternum. When deceleration forces are severe, this restraint force produces clavicle fractures — typically at the mid-shaft where the belt contacts bone — rib fractures along the upper chest wall, and characteristic diagonal bruising across the chest that medical examiners call the seatbelt sign or seatbelt contusion. The lap belt portion restrains the pelvis and lower abdomen; in frontal collisions the upper body pivots forward against the diagonal belt, transmitting high compressive and bending forces to the ribs, sternum, and underlying thoracic organs. From a legal standpoint, seatbelt injuries are highly valuable because the diagonal contusion mark across the chest is direct physical evidence of the severity of the collision force. Photographs of seatbelt contusions taken at the emergency room are admissible evidence showing that the restraint system was engaged and that the occupant experienced significant deceleration force. Insurance defense attorneys cannot argue that the accident was minor when physical evidence of seatbelt-force bruising is in the record. New York CPLR §1151 governs the seatbelt defense: a defendant may introduce evidence that the plaintiff failed to wear a seatbelt, and the jury may reduce the plaintiff's damages proportionally for the injuries that could have been avoided. However, this defense is unavailable when the plaintiff was wearing their seatbelt — as evidenced by the seatbelt contusion itself. For the plaintiff with documented seatbelt injuries, the CPLR §1151 defense is factually foreclosed, and the defendant cannot argue comparative fault for the chest injuries caused by the restraint. Seatbelt injuries also satisfy the §5102(d) fracture category automatically for clavicle, rib, and sternal fractures, making threshold analysis straightforward in these cases.
What is traumatic aortic injury and why are these cases worth millions?
The aorta is the largest artery in the body, carrying blood directly from the left ventricle through the chest and abdomen. Its anatomy includes a critical point of vulnerability: the aortic isthmus, located near the ligamentum arteriosum just distal to the takeoff of the left subclavian artery. At this anatomical point, the relatively mobile aortic arch transitions to the relatively fixed descending thoracic aorta. When a vehicle decelerates suddenly in a high-speed collision, the heart and aortic arch continue moving forward with the body's momentum while the descending aorta is anchored. The resulting shear force at the isthmus tears the aortic wall. The clinical reality of traumatic aortic injury is that the vast majority of victims with complete aortic transection die at the scene. The patients who survive to hospital admission typically have incomplete aortic tears — the outer adventitial layer of the aortic wall contains the hemorrhage temporarily, creating a contained aortic pseudoaneurysm. Emergency computed tomographic angiography (CTA) of the chest diagnoses the injury. Treatment is either TEVAR — thoracic endovascular aortic repair, a minimally invasive procedure placing a covered stent within the aorta — or open surgical repair for injuries not amenable to endovascular treatment. TEVAR itself carries significant risks, including spinal cord ischemia from coverage of intercostal arteries that supply the anterior spinal artery. Paraplegia is a known complication of thoracic aortic repair, occurring in 2-8% of TEVAR cases. Long-term complications include endoleak (persistent blood flow outside the stent), stent migration, and thoracic aortic aneurysm formation at the repair site requiring re-intervention. Survivors require lifelong CTA surveillance for aortic complications. Even partial aortic tears repaired without paraplegia produce high-value claims because the near-death experience, the documented risk of repair complications, the activity restrictions imposed by the treating vascular surgeon, and the cost of lifelong aortic surveillance imaging constitute substantial non-economic and future economic damages. Life care plans for survivors with paraplegia following spinal cord ischemia can project $2 million or more in future care costs — paralysis management, home modification, attendant care, and equipment replacement. For fatal aortic injuries, New York wrongful death claims under EPTL §5-4.1 allow recovery for the pecuniary value of the decedent's future contributions to surviving distributees, plus a survival action for conscious pain and suffering under EPTL §11-3.2.
How are multiple rib fractures different from a single rib fracture in terms of case value?
A single rib fracture — particularly of ribs 4 through 9, which are the most commonly fractured in blunt thoracic trauma — typically heals with conservative management: pain control, incentive spirometry to prevent pneumonia, and activity restriction for 4 to 6 weeks. Single rib fracture cases without significant complications produce settlement values in the $30,000 to $85,000 range, depending on the pain severity, duration of limitation, and whether the injury satisfies the §5102(d) fracture category (which it does automatically) or was treated conservatively without significant documented sequelae. Multiple rib fractures — typically defined as three or more — change the clinical picture substantially. Each additional fracture adds the risk of flail chest, pulmonary contusion, pneumothorax, and hemothorax. Flail chest is defined as fractures of three or more adjacent ribs in two or more places, creating a segment of chest wall that moves paradoxically during breathing — inward during inspiration rather than outward, impeding ventilation. Flail chest almost universally requires intensive care unit admission and frequently requires mechanical ventilation. ICU stays of one to two weeks, followed by step-down unit care and inpatient rehabilitation, create documented special damages of $80,000 to $200,000 or more. From a §5102(d) standpoint, the fracture category applies to each individual rib fracture. A plaintiff with six rib fractures has met the fracture threshold six times over. But the more significant threshold theory for multiple rib fractures is the permanent consequential limitation or significant limitation of a body function or system, supported by pulmonary function test (PFT) evidence. A permanent reduction in forced vital capacity (FVC) of 20% or more, documented by a pulmonologist at 6-month and 12-month PFT measurements, is objective evidence of a significant limitation of the pulmonary system that meets the Toure standard and supports substantially higher damages. Intercostal neuralgia — chronic nerve pain arising from the injured intercostal nerves at the fracture sites — is a common post-healing complication of multiple rib fractures that sustains case value long after the fractures themselves have radiologically healed. Documented by a pain management specialist and treated with periodic intercostal nerve blocks, intercostal neuralgia prevents gap-in-treatment arguments and establishes ongoing permanence. Gap in treatment — a break of 90 days or more between medical visits — is a standard insurance defense in rib fracture cases arguing the plaintiff's pain resolved. An ongoing pain management relationship with documented nerve block injections prevents this defense from gaining traction.
Can I recover for chronic pain after my chest injuries have healed?
Yes — chronic chest pain from intercostal neuralgia, costochondritis, or complex regional pain syndrome (CRPS) is a recognized complication of thoracic trauma that continues after the underlying fractures have radiologically healed, and it is recoverable as a permanent injury under §5102(d). Intercostal neuralgia is the most common form of chronic chest pain after rib fractures. The intercostal nerves run along the inferior margin of each rib and are directly injured or entrapped in callus formation during the fracture healing process. Patients experience persistent burning, stabbing, or aching pain along the distribution of the affected intercostal nerves — typically worsening with deep breathing, coughing, twisting, and reaching. The injury is permanent because the nerve damage at the fracture site does not resolve once callus has formed around the nerve. Documentation of intercostal neuralgia presents a specific challenge: EMG and nerve conduction velocity studies are less reliable for intercostal nerves than for peripheral extremity nerves, because the intercostal nerves are anatomically deep and technically difficult to isolate electrophysiologically. The diagnosis is therefore primarily clinical — reproduction of the pain by pressure directly over the fracture sites, combined with the pain management specialist's opinion that the clinical presentation is consistent with post-fracture intercostal neuralgia. Response to intercostal nerve blocks provides objective evidence that the pain source is the injured nerve at the fracture site. Documented nerve block treatments performed every 3 months by a board-certified pain management specialist are the strongest foundation for a chronic chest pain claim. CRPS — complex regional pain syndrome — can develop after any thoracic trauma and presents with disproportionate, allodynic, burning chest pain that extends beyond the distribution of a single nerve. CRPS is diagnosed by the Budapest criteria and documented with thermography, bone scintigraphy, and clinical examination findings. CRPS cases produce some of the highest chronic pain awards because of the well-documented severity of the condition and the chronic treatment requirements. Under §5102(d), chronic chest pain that limits ordinary daily activities satisfies "significant limitation of use of a body function or system." The plaintiff must show, through objective medical evidence from a treating physician, that the chest pain limits specific daily activities — bending, reaching, lifting, working, exercising, performing household tasks — in a way that is both significant and medically documented. A life care plan projecting the cost of ongoing nerve block treatments, medication management, and pain management visits is appropriate for chronic intercostal neuralgia cases and significantly increases settlement and verdict value.
What evidence is needed to prove a chest injury case in New York?
Building a chest injury case that survives threshold motions and maximizes recovery requires assembling a specific medical evidence record from the day of the accident through documented permanence. The emergency record layer begins with the EMS run report, which documents the mechanism of the collision, the patient's chief complaint at the scene, vital signs, and clinical findings — including notation of seatbelt contusion if present. The emergency room records include the initial chest X-ray (which identifies pneumothorax, hemothorax, and rib fractures visible on plain film), CT of the chest (which is more sensitive for rib fractures, pulmonary contusion, aortic injury, and hemothorax), troponin levels and serial ECGs for cardiac contusion, and the initial physician assessment of chest wall tenderness. Seatbelt contusion photographs taken in the ER — or as soon as possible after the accident — are admissible evidence of restraint force and should be preserved. For cardiac contusion, elevated troponin I or troponin T on serial measurements is the objective biochemical marker. ECG changes — including ST-segment abnormalities, new right bundle branch block, or arrhythmias — are documented in the ER records and followed by a treating cardiologist. An echocardiogram measuring ejection fraction at 6 and 12 months provides the objective evidence of reduced cardiac function required to establish permanent cardiac sequelae under Toure. For pulmonary injuries, pulmonary function tests — spirometry measuring forced vital capacity (FVC), forced expiratory volume in one second (FEV1), and diffusion capacity for carbon monoxide (DLCO) — are the objective metric for lung injury permanence. The treating pulmonologist should order a baseline PFT at 3 to 6 months post-injury, when acute effects have resolved but any permanent restrictive pattern is established. A follow-up PFT at 12 months documenting persistence of the restrictive or obstructive pattern confirms permanence. Under Toure v. Avis Rent A Car and its progeny, a documented percentage reduction in FVC or FEV1 — for example, a 15% or 35% reduction from predicted normal values — is objective evidence satisfying the significant limitation category. Defense independent medical examinations (IMEs) in chest injury cases are typically performed by either a pulmonologist or a cardiologist retained by the insurance carrier. IME preparation requires reviewing the plaintiff's pre-accident respiratory history (prior asthma, smoking history, prior pulmonary complaints), ensuring that the PFT findings are reproducible and not effort-dependent, and preparing the plaintiff for questions about daily activity limitations. The IME physician will attempt to attribute PFT findings to pre-existing conditions or smoking history rather than the accident. The treating physician's rebuttal opinion must address these arguments with specific reference to the plaintiff's pre-accident pulmonary baseline, the temporal correlation between the accident and the documented impairment, and the mechanism by which the specific thoracic injuries caused the measured lung function deficit.
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Chest injury lawyers serving Long Island & NYC

Chest and thoracic injury cases involve Nassau and Suffolk County courts, Long Island trauma centers and cardiothoracic specialists, and local accident reconstruction experts. This page is the primary guide for chest injury car accident claims across Nassau, Suffolk, and the five boroughs.

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

Reviewed & Verified By

Jason Tenenbaum, 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

Rib Fractures. Sternal Fractures. Traumatic Aortic Injury. Seatbelt Chest Trauma.

Your Chest Injury Case Deserves Expert Legal Representation.

Thoracic injuries from car accidents range from painful rib fractures to life-threatening aortic tears with years of future medical costs and permanent functional limitations. The insurance company already has a team protecting its interests. We level the field — building the pulmonary, cardiac, and vascular expert record, life care plan, and surgical documentation that drives maximum recovery. Call us today — no fee unless we win.

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