Category Archives: Injuries

Articles about injuries including information about who will pay for treatment of an injury caused by an accident, how to file a claim for treatment of an injury caused by an accident, what to do when you’re injured in an accident, and more.

What Are the Safest Cars to Drive?

While in previous years, I said that Volvo is the safest car to drive, I believe Tesla cars are now the safest cars to drive on the road when considering protection to the occupants, although Volvo is almost as good.

As personal injury lawyers in New York since 1991, we have only represented one injured client in a car accident when driving a Volvo and she didn’t have a serious injury. While Tesla hasn’t been around as long as Volvo, we haven’t represented anyone injured in a Tesla.

tree fell on tesla

Even though Tesla hasn’t been making cars as long as Volvo, the videos and information here demonstrate to me that Tesla is now the safest car to drive.

IIHS Top Safety Pick

MIDSIZE LUXURY CAR / 4-DOOR SEDAN

The 2022 IIHS Top Safety Pick for MIDSIZE LUXURY CAR / 4-DOOR SEDAN is the Tesla Model 3.

SMALL SUV / 4-DOOR SUV

The 2022 IIHS Top Safety Pick for SMALL SUV / 4-DOOR SUV is the Volvo XC40.

Lower Limb Injury and Safety

The lower leg compartment or footwell is the one area that most auto manufacturers have ignored. Injuries caused by collapse and compression of the footwell compartment in a car accident often cause leg, knee, ankle, and foot fractures.

A lower limb fracture is a devastating injury that develops into a lifelong disability with pain from arthritis.

Not only do these fractures become a devastating disability but they usually cost $30,000 to 75,000 for medical treatment. Additionally, leg, knee, ankle, and foot fractures are usually worth $250,000 to $1,500,000 in a personal injury lawsuit.

That costs drivers a lot of money because insurance companies have to pass on both the cost of medical treatment and the personal injury settlements for leg, knee, ankle, and foot fractures.

Tesla Footwell Intrusion

The only area the Tesla Model 3 did not get the highest rating was for driver injury of the lower leg/foot but it was rated A for acceptable.

Volvo Footwell Intrusion

The Volvo XC40 received the highest rating in driver injury for the lower leg/foot. Tesla needs to do some work here. However, the Volvo XC40 did not do as well as Tesla in the side test.

Tesla Model 3 vs a Sycamore Tree

The Tesla Model 3 is apparently crush-proof, at least from this plane tree (Sycamore tree). The video shows the aftermath after a tree fell on a Tesla Model 3. The car is almost unscathed. The windows are intact and the driver was able to open the door and get out.

It looks like the driver just had to brush off the leaves and pieces of the tree and get on his way.

After what happened to my Wife’s encounter with a tree in her Mercedes I think she will want a Tesla, probably a Cybertruck. I have two Cybertrucks on order but she wants a Model X.

tree in Mercedes windshield

Not a Tesla but since we’re showing trees attacking cars, here’s another one.

Tesla Models Have the Lowest Probability of Injury of Any Vehicle

Tesla Model 3 had the lowest probability of injury of any vehicle ever tested by NHTSA. Tesla’s Model S and Model X still hold the record for the second and third lowest probabilities of injury, making Tesla vehicles the safest ever rated by NHTSA.

What Are the Safest Cars to Fly?

It’s a good thing Tesla is a safe car for its occupants because that’s useful after a short unscheduled flight without a flight plan.

The driver of this Tesla was believed to have a medical emergency when his Telsa flew approximately 85′ through the air when it hit a tree at an altitude of about 20′ and then hit the tops of a few more trees.

The towing company wrote, “From what we were told, the driver seems to be alert with minor injuries.”

Related Articles

Which Is Safer a Big Old Car or a Small New Car With Safety Features?

Should I Use the Insurance Estimate App to Send a Photo of My Car Damage for an Estimate?

Ultimate Uber and Lyft Safety Tips Guide

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.

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  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
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You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
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Should You Go to the Emergency Room or Urgent Care After an Accident?

After an accident, you should always go to the emergency room. Go to the hospital emergency room by ambulance, and you will go right in without waiting because the hospital can’t keep EMTs waiting around.

Why You Should Go to the Emergency Room After an Accident

Life-threatening emergencies require a visit to the hospital emergency room. In an accident, you will not know if you have a life-threatening emergency which is the most important reason to go to the emergency room and not urgent care.

Because adrenaline may be running through your body, or you may be in shock after an accident, you may not realize you have a serious injury until a couple of hours later.

For instance, an accident may cause a head injury or internal bleeding. You may have a fracture even though you don’t know it at the time of the accident.

Another injury you won’t know about after an accident is a head injury, especially when you have a motorcycle accident. If you had a motorcycle accident, look at your helmet. If there are any scratches on your helmet from the accident, you should definitely go to the emergency room to make sure you don’t have a head injury. For more information about a head injury and symptoms, see our article about a head injury from a motorcycle accident.

This video shows what can happen to your brain from whiplash in a car accident and why you should go to the emergency room to make sure you don’t have a head injury.

What Is Urgent Care?

Urgent care centers provide easy access to healthcare for the times when your primary care physician’s offices are closed.

When Should You Go to Urgent Care?

You should go to urgent care when it’s not an emergency, and you need to see your primary care physician, but the office is closed, or you cannot get an appointment soon.

urgent care advertising on bus - going to urgent care or emergency room?

Symptoms That Can Be Treated at Urgent Care

  • Cold or flu
  • Sore throat or strep throat
  • Urinary tract infection (UTI)
  • Minor burns (1st Degree burns)
  • Bug stings
  • Non-life-threatening allergic reactions
  • Small lacerations or cuts
  • Vaccinations

What You Should Know About Urgent Care Centers

Urgent care centers will not have a record of your medical history.

Urgent care centers may have a doctor on staff but may only have a physician assistant or nurse practitioner.

Urgent care should not be used because you want to avoid waiting in the emergency room.

When Should You Go to the Emergency Room?

Some examples of when you should go to the emergency room include:

Accidents – when you should go to the emergency room

Other Symptoms – when you should go to the emergency room

  • Difficulty breathing.
  • Convulsions, seizures, or loss of consciousness.
  • Knife or gunshot wounds.
  • Heavy or uncontrollable bleeding.
  • Poisoning.
  • Severe abdominal pain.
  • Severe chest pain or chest pain that lasts longer than two minutes.
  • Heart attack symptoms.
  • Stroke symptoms, such as vision loss, sudden numbness, weakness, slurred speech, or confusion.
  • Suicidal or homicidal feelings.
  • Pregnancy-related problems when you can’t reach your doctor.
  • Fever in a newborn less than 3 months old.

Is Urgent Care the Same as the Emergency Room?

No. The hospital emergency room will provide a much higher level of diagnostic care to better diagnose injuries and provide better treatment that is needed after an accident.

Urgent care misses more fractures than a hospital ER.

Urgent care is great when you have a sore throat.

Considerations About Whether to Go to the Hospital ER or Urgent Care

You may have some of the following concerns about whether to go to the hospital ER or urgent care after an accident.

Time Waiting for Treatment

It’s true that you will likely spend more time waiting at the ER than at urgent care. But hospital ERs have become much faster due to computer software for scheduling and triage.

If you go to the hospital ER by ambulance, you won’t wait at all because the EMTs will take you right in through the ambulance entrance. EMTs can’t be waiting around, so you’ll be seen immediately.

Urgent Care vs. Emergency Room Cost

While the cost of an urgent care visit is less expensive than the emergency room, the cost should not be a consideration when you had an accident, especially if you plan to call a personal injury lawyer.

If you go to the emergency room, you will get a lot more money than what it will cost. Additionally, you will not have to pay any money upfront for the cost of an emergency room visit.

The cost of your medical treatment from a car accident is 100% paid by New York No-Fault insurance, and you won’t even have a co-payment. You may or may not have a $200 one-time deductible per accident.

If you were injured in another kind of accident, medical insurance, Medicaid, or Medicare will pay for your treatment. If you don’t have any of those coverages and don’t have money, the hospital will get you on Medicaid, which can go back retroactively for 90 days.

In a worst-case scenario, we can get a settlement cash advance so you can have some money immediately.

Documenting Your Injuries After an Accident for a Personal Injury Case

A hospital ER will document much more information about your injury in the hospital record than urgent care will.

A hospital ER is more likely to find injuries that may be missed by urgent care.

Insurance companies put aside more money to settle personal injury claims when they have a hospital record in your file than if you only have an urgent care record. This is more important for a smaller claim that doesn’t have a serious injury. But a hospital record is always better.

Quick Consideration to Decide Whether to Go to the Emergency Room or Urgent Care

Generally, if you need treatment right away, going to the emergency room is probably the best option. However, if you can wait until later, then visiting an urgent care center might make more sense.

But if you have an accident, deciding whether you should go to the emergency room or urgent care is an easy decision, even if you can wait until later. After an accident, you should go to the emergency room.

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.


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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Can You Have a Broken Bone if the Emergency Room or Urgent Care Says You Don’t?

Wondering, can you have a broken bone after an accident when the emergency room doctor or urgent care doctor said the X-ray shows you don’t have a broken bone? Guess what? You might have a broken bone.

After a car accident or any other accident, many people go to the emergency room or urgent care and are told that there is no fracture or broken bone but still have a lot of pain the next day. Then they find they did have a broken bone.

See when you should go to the emergency room or urgent care.

What to Do If a Lawyer Isn’t Interested in Your Case Because a Hospital Said You Don’t Have a Broken Bone

If you called a lawyer who isn’t interested in your case because a hospital said you don’t have a broken bone, call us! We’ll take your case right away. If you don’t have a broken bone, we can still get you a lot of money, so we want your case anyway. If you do have a broken bone, it could be a million-dollar case. Find out what a broken bone is worth.

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What Is a Broken Bone?

First, you should know that a fracture, break, shattered bone, fractured bone, and broken bone are all different words meaning the same thing. There is no difference.

There are different types of breaks in bones, but that doesn’t matter for this article. If a bone is broken, fractured, or shattered, the bone is broken, no matter if it is a hairline fracture, comminuted fracture, or a compound fracture where the bone is sticking out of your skin.

broken femur fracture with internal fixation

This was a broken femur one of our clients had. The fracture is shown after surgery with internal fixation.

What Should You Do if You Are Still in Pain After Leaving a Hospital ER and Were Told You Don’t Have a Broken Bone?

What you should do if you went to the hospital emergency room or urgent care after an accident and were told your X-ray shows you do not have a broken bone:

  1. Wait until the next day. If you still have a lot of pain, you might have a broken bone.
  2. If you still have a lot of pain, go back to the hospital ER for another X-ray or see an orthopedic surgeon.
  3. An X-ray taken a day or two after an accident will usually show a fracture that wasn’t seen on the first X-ray.

The majority of missed fractures will be seen a day or two after the accident. However, fractures may still not be seen on X-ray, and an MRI or CT scan may be needed to diagnose the fracture.

Can I Have a Broken Bone When the Hospital Emergency Room or Urgent Care Said I Don’t Have a Fracture?

Yes. If you still have a lot of pain the next day after an accident, you might have a broken bone.

A broken bone is commonly missed by X-rays in the emergency room on the day of the accident. We frequently have clients who call us from the hospital ER and tell us they were diagnosed with a sprain but are later diagnosed with a fracture such as a broken ankle or broken leg and many others.

What prompted me to write this article was a client, John, who called me a couple of days ago from urgent care saying his X-Ray did not show a fracture and that he had a sprain.

John fell when he stepped into a large pothole while getting out of his car in a shopping mall parking lot. He heard a crack and was in a lot of pain. Although urgent care said his X-Ray did not show a fracture, I suspected he did. Hearing a crack is a good indication that you broke a bone.

I told John to go to the hospital the next day if he still had a lot of pain. The next day he went to a hospital ER, where they did another X-ray and saw an obvious displaced tibial plateau fracture.

A tibial plateau fracture is close to the knee and can affect the stability of the knee. The tibia is the larger main weight-bearing bone of the leg. This is a very serious injury that usually requires surgery.

These articles at the National Library of Medicine document the significant number of fractures missed on X-rays at the hospital ER and many of the reasons that fractures are missed by radiologists when viewing X-rays:

How Can You Have a Broken Bone When the X-Ray Shows You Do Not Have a Broken Bone?

Following are some reasons people often have a fracture or broken bone after an accident when told the X-ray doesn’t show a fracture:

  • Some nondisplaced fractures are difficult to see on the X-ray.
  • Some nondisplaced fractures will not show on the X-ray on the day of the accident but will show a day or two later.
  • Some nondisplaced fractures will not show on the X-ray at all.
  • Stress fractures usually do not show up on an X-ray.
  • It could be an occult fracture that does not appear well on an X-ray.
  • Failure to correctly interpret the X-rays
  • Misinterpreted as normal variants or old injuries
  • X-rays were taken at the wrong angle
  • Superposition of anatomical structures, suboptimal positioning, and technique
  • Ligament injury resulting in a diagnosis of a sprain and missing the fracture
  • Many fractures are visible only in a single view. If that view is not obtained, then the examination will be interpreted as falsely negative.

Can You Have a Broken Bone Without Swelling or Bruising?

Yes. There are often no external signs of bruising with a fracture.

Why You May Not Realize You Have a Broken Bone After an Accident

After an accident, many people don’t realize they have a serious injury when they have a fracture. Unless it happened to you, you wouldn’t know that or understand why.

The reason that people don’t realize they have a fracture or other serious injuries after an accident is:

  • People are in shock at the time of the accident and don’t feel pain yet.
  • People often don’t feel pain right away from a fracture until it starts swelling a couple of hours later. That could happen in the ER or at home if you didn’t go to the ER.
  • People may have one injury that is very painful such as a back injury, that masks pain from another injury, such as a broken knee.

How to Know If You Have a Broken Bone After an Accident

  • You probably suspect you have broken a bone.
  • You hear a cracking sound.
  • The area around the fracture may be swollen, bruised, sore, or tender.
  • The limb may be deformed.
  • The area hurts a lot.
  • You have to favor the area because of pain.
  • If the bone pops through the skin, it’s obviously broken.

Poll – Did you or do you know anyone who had a fracture or broken bone when the hospital said you don’t?

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.


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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a Question or Comment About Can You Have a Broken Bone if the ER or Urgent Care Says You Don’t? Leave a Comment!

How to Prevent Back Pain and Neck Pain After a Car Accident

I’ve been a personal injury lawyer in New York for many years and learned the secret of how to prevent back pain, lower back pain, and neck pain from ever occurring after a car accident or any accident.

I’ve told several orthopedic surgeons about my theory, and all have said, “that makes sense.” But I’ve never seen a doctor in a hospital ER, or private doctor tell their patient what to do.

The secret is how to prevent the cause of back pain and neck pain within hours after an accident before the pain starts. Later, it is too late.

Unfortunately, doctors at the hospital will tell you to take ibuprofen, Advil, or Motrin to relieve the pain, but it’s not enough because you need to prevent the pain, not relieve it. If you take ibuprofen, you may be doomed to a life of lower back pain and/or neck pain.

I’ll tell you what to do to correct the mistake you’ll be told by a doctor at the hospital. All you have to do is keep reading.

Note: This is not a treatment to relieve back pain or neck pain that is already existing for more than a few hours. But, for many people, it will prevent back pain or neck pain from ever occurring after an accident.

How I Know, You Can Prevent Lower Back Pain and Neck Pain After a Car Accident

How do I know the secret of how to prevent lower back pain and neck pain after a car accident works?

Because I told many clients what to do when they called me from the accident scene or right after a car accident, and their back pain or neck pain completely disappeared, although some were left with other injuries.

I had my own back pain from a car accident and know what it’s like, so I’m happy to have lost the possibility of representing a lot of clients who would have had back or neck pain from a car accident.

I’ll explain below what happened to them.

What Causes Back Pain With Radiculopathy After an Accident?

Immediately after a car accident or any accident that causes your lower back or neck trauma, you may or may not experience pain. If you do experience pain, it will likely be somewhat minor and will start getting worse during the next few hours.

You may even decide not to go to a hospital which could be a mistake. It’s important for your personal injury case to be examined, but when you see a doctor at the hospital ER, you can ask the important question I tell you about below.

Because you may not experience pain after the accident, you may not even know you were injured. Not yet! But after you go to sleep and wake up the next morning, you’ll experience pain, a lot of pain.

I know because I had my own back pain from a car accident when I was hit in the rear by a drunk driver. I had minor pain after the car accident, which became worse the next morning. Several years later, the pain became excruciating with radiculopathy pain that radiated or traveled down both legs.

My back pain was caused by pain shooting down my legs, with the most severe pain at the point in my lower back where it was coming from.

For people who are fortunate enough not to know what radiculopathy is, I will first provide a short description of what causes radiculopathy and what it is.

What Causes Radiculopathy

Radiculopathy is caused by a bulging disc or herniated disc that pinches a nerve root in the spine. It is most commonly a bulging disc or herniated disc in the cervical spine (neck) or lumbar spine (lower back), although it could be in the thoracic spine.

I have only seen a couple of clients with a thoracic spine injury, and I have never had a client with radiculopathy in the thoracic spine.

Watch two really good short videos about the cervical spine and lumbar spine and find more information about neck and back spine injury.

cross section of spine showing nerve alongside disc

You can see the yellow nerve running through this cross-section of the spinal column. The discs are like donuts in between the bony structures.

What Are Symptoms of Radiculopathy

Symptoms of radiculopathy include severe pain, weakness, numbness, and tingling.

When radiculopathy goes down both legs, the pain can be so excruciating that you can’t stand straight, walk, or even sit or lay down without severe pain.

What is the Real Cause of Back Pain and Neck Pain After an Accident?

So what is the real cause of back or neck pain?

  1. Trauma occurs to the neck or back.
  2. The trauma causes severe inflammation during the first 48 hours after an accident.
  3. Inflammation and swelling cause one or more discs to bulge or herniate.
  4. One or more of the bulging or herniated discs press against a nerve pinching it and causing radiculopathy.
  5. You end up with life-long severe pain.

What a Doctor Will Tell You to Do for Your Back or Neck Pain After an Accident

After a car accident or another kind of accident, you may go to a hospital ER. If you complain about back or neck pain, a doctor will tell you to take ibuprofen, Motrin, or Advil. This is the mistake you don’t want to make!

Ibuprofen is the generic form of the brands Advil and Motrin. Ibuprofen is an NSAID or Non-Steroidal Anti-Inflammatory Drug. NSAIDs are used to relieve pain and reduce inflammation.

The problem is that while ibuprofen does help to relieve back pain and neck pain, it is not strong enough to prevent the much more severe inflammation that is caused within the first two days after an accident. Ibuprofen will lessen the swelling but not enough.

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How Can You Prevent Back or Neck Pain From Occurring After a Car Accident?

You can’t prevent the trauma, but you can prevent #2 above, the inflammation and swelling. If you can prevent inflammation and swelling, you can prevent permanent back and neck pain.

All you have to do is:

  1. Take an anti-inflammatory that is more powerful than ibuprofen to prevent inflammation and swelling.
  2. Take a powerful anti-inflammatory for 1-2 two days, beginning immediately after the trauma.

Not only can you prevent life-long pain you’ll also prevent the back and neck pain you could have had in the days and weeks after your accident. You’ll never know because you won’t have any pain.

How Soon After an Accident Do I Have to Take an Anti-Inflammatory?

Within the First Hours After Trauma From an Accident

Inflammation begins occurring within the first hour or two after trauma from an injury. The worst of the inflammation will last 1-3 days but can last a couple of weeks.

Definitely Before the First Night After Trauma From an Accident

What I have found that works is to begin taking a powerful anti-inflammatory as soon as possible after the trauma but definitely before going to sleep on the first night after the trauma.

My belief is that significant inflammation occurs during the first night after the trauma. I have seen countless clients who experienced no pain on the day of the accident, only to wake up the next day with severe back or neck pain.

Everyone has heard people say they were being sued for a car accident, and they knew the lawsuit was BS because the other driver was injured at the scene. But that happens because

  1. The person may have been in shock and didn’t feel anything yet or
  2. The person didn’t feel pain yet because inflammation had not yet started.

How Long After an Accident Do I Have to Take an Anti-Inflammatory?

I would take a powerful anti-inflammatory for 1-2 two days, beginning immediately after the accident.

If there is no pain on the day after the accident, I would stop taking an anti-inflammatory.

If there is pain on the day after the accident, I would continue taking an anti-inflammatory for another day or two.

 

So, What Should You Take to Prevent Lower Back Pain and Neck Pain After a Car Accident?

What I found strong enough to prevent the swelling from occurring after most accidents is naproxen sodium (brand name is Aleve) which is available over the counter without a prescription everywhere. Also strong enough are the prescription drugs Vioxx, Celebrex, and Bextra.

WARNING: If you have an ulcer or internal bleeding, you should not take naproxen sodium or Aleve because it could kill you. Internal bleeding could be caused by an accident, and you would not know about it. That’s why you should only take naproxen sodium or Aleve after discussing it with a doctor. In fact, you shouldn’t take any NSAID without discussing it with a doctor.

Tip: When you’re in the hospital ER, ask the doctor if it’s ok for you to take naproxen sodium or Aleve.

If a doctor says it’s ok for you to take naproxen sodium or Aleve, buy it as soon as you leave the hospital.

I would begin taking one 220 mg naproxen sodium or Aleve as soon as possible after an accident and at least before going to sleep.

I would take one or two (depending upon the severity of the accident or pain) 220 mg naproxen sodium or Aleve every 8-12 hours for two days and then stop. Taking naproxen sodium or Aleve for too long can cause stomach problems that will send you to a gastroenterologist.

Naproxen sodium or Aleve is supposedly similar to Advil. Drugs.com says, “As far as effectiveness goes, a dose of 440mg Aleve is approximately equivalent to a dose of 400mg Advil. One of the most important differences is the length of time Aleve and Advil act for.”

I wish I knew about Aleve when I had my car accident. I only started taking Aleve when my back pain became so severe I was considering getting surgery.

My cousin, who was a gastroenterologist, told me he would rather see me take 4 Advil than 2 Aleve because he said Aleve caused a lot of problems for his patients. But I found that just 1/2 Aleve was far better for my back pain than 4 Advil. He also agreed with me that it was less of a problem because I was taking omeprazole for heartburn and reflux.

How I Know Aleve Can Prevent Permanent Back Pain and Neck Pain After a Car Accident

I have had many calls from people at the accident scene or right after their car accident who told me they had neck or back pain. I told them to go to the hospital and ask the doctor in the ER if they could take Aleve or naproxen sodium.

All of these people told me a few days later that their neck or back pain was gone. Some of these people didn’t have other injuries, and they never became a client of mine.

However, many of these people also had other injuries, such as a torn rotator cuff in the shoulder or a torn meniscus in the knee, and they became clients of mine. All of these clients told me a few days later that their neck or back pain was gone. Although their back pain or neck pain completely disappeared, they were left with other injuries.

Now you know the secret of how to prevent lower back pain and neck pain after a car accident or any accident.

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.

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  3. Then just text or call us any time you want during your case!

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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Ultimate Uber and Lyft Safety Tips Guide

Author, Attorney Philip L. Franckel, Esq.

Uber and Lyft Safety Tips for ride sharing diagram shows how to check the car door child safety lock on Uber and Lyft cars

The Ultimate Uber and Lyft Safety Tips Guide is provided by the HURT-911® Uber accident lawyers in New York and will help you learn how to be safe in an Uber or Lyft when you’re alone and how to ride Uber safely to your destination.

But first, which is safer? Uber, Lyft, or a taxi?

Q. Is Lyft or Uber More Dangerous Than a Taxi?

A. Probably not. It’s hard to determine because there are no statistics compiled for private taxi companies concerning accidents or criminal assaults. Following are some of the reasons that Uber and Lyft may be safer than taxis.

  • Uber and Lyft’s app adds considerable safety and should make the trip safer than a taxi.
  • With Uber and Lyft, you do not have to wait outside in a potentially dangerous spot waiting to hail a taxi.
  • Reports of sexual assaults by Uber and Lyft drivers make headline news but there are several million Uber and Lyft drivers, far more than any taxi company.
  • Driver screening is usually a little better than taxicab licensing requirements (according to the Cato Institute).
  • Uber and Lyft provide you with substantially more insurance coverage than a taxi.

Disclosure: Attorney Phil Franckel owns 400 shares of Uber and 200 shares of Lyft but it’s a small part of my portfolio, it does not affect my statements here, and I have very successfully sued Uber.

Uber and Lyft Safety Tips Before, During, and After Your Trip

The Uber and Lyft safety tips are organized below telling you

  • What you should do before you get in an Uber or Lyft.
  • What you should do during your ride.
  • What you should do when you exit an Uber or Lyft.

What to Do to Stay Safe Before Getting in an Uber or Lyft

Learn How to Use all of the App’s Features

Requesting the Ride

Request your ride before you go outside. If possible wait inside until your ride arrives.

Opt-In to Receive a 4-Digit PIN From Uber

How to Set Up the Uber 4-Digit PIN

  1. Open the Uber app
  2. Click on the user icon at the top right
  3. Click Settings
  4. Click Verify Your Ride
  5. Click Use PIN to verify rides
  6. Click Done

When you request a ride from Uber, you will receive a 4-digit PIN (unique for each ride) from Uber to share with the driver before the trip can start. Give your 4-digit PIN to the driver BEFORE you get into the Uber car. When the Uber driver enters the 4-digit PIN in his Uber app, you will see in your app, Your ride is verified!

Uber app showing Your ride is verified

Check the Car and Driver

  1. Check that the make, model, and license plate of the car matches the info on your app.
  2. Check that the driver’s photo matches the photo on your app.
  3. Check that the driver’s name matches the name on your app.

Always Ask “What’s my name and where am I going?”

If you aren’t using Uber’s Verify My Ride feature, ask your driver for your name and destination. If you are using Uber’s Verify My Ride, this shouldn’t be necessary.

Someone posing as an Uber or Lyft driver won’t know your name. Only the real Uber or Lyft driver will know your name and your destination.

The parents of Samantha Josephson started the #WhatsMyName Foundation in honor of their daughter. The foundation’s mission is to educate the world on ride-share safety.

Ride in the Back Seat

Don’t ride in the front seat and when you open the rear door, check the child safety lock (see next tip).

Check the Child Safety Lock

Before getting in an Uber or Lyft car and when you open the rear door check the child safety lock for the car’s passenger door to make sure it’s not on!

If the child safety lock is on, you won’t be able to open the door to get out. You can be kidnapped and sexually assaulted or killed if you can’t open the door.

IMPORTANT CHILD SAFETY LOCK TIPS FOR UBER & LYFT

  1. If the child safety lock is on, DO NOT get into the car
  2. If the child safety lock is disabled, stuck, or unable to move DO NOT get into the car
  3. Call 911 and notify Uber or Lyft immediately

Note:  Currently, most Uber and Lyft cars still have mechanical child safety locks on the rear doors but mechanical child safety locks on the rear doors are beginning to disappear, especially with EVs. Some cars now have electronic child safety locks for the rear doors that are controllable only by the driver.

Tesla does not have mechanical child safety locks on the rear doors. Tesla uses child safety locks that are controlled electronically on the computer console by the driver. This appears to make Tesla an unsafe car if you’re using Uber or Lyft.

Volvo also stopped using mechanical child safety locks on the rear doors.

How Do I Check the Child Safety Lock on the Most Popular Uber Cars?

The image at the top of this page shows where the child safety lock is located on many cars and how to check the child safety lock to make sure it’s not on. These videos show similar locations where the child safety lock is located and how to check.

This video shows where the child safety lock is located and how to check it on a Toyota and most cars

Chevrolet Child Safety Lock Tutorial

Honda Odyssey Child Safety Lock  is in a slightly different location

Make Sure Your Phone’s Location-Sharing Is Turned On

At the time you use the app to call an Uber or Lyft, check your phone to make sure your phone’s location-sharing is turned on. Do this before you get in the Uber or Lyft car.

Put On the Seatbelt

Even though you’re sitting in the back seat, it’s still dangerous. Federal crash statistics show passengers in the rear are three times more likely to die if they aren’t wearing a seat belt.

If you are injured in an Uber or Lyft accident, even if you were not wearing a seatbelt, call the HURT-911® Uber accident lawyers in New York right now 7 days/nights for a free consultation with no obligation at 
1-800-HURT-911
 >> 1-800-487-8911

Use Trip-Sharing

Both Uber and Lyft have in-app trip sharing features that allow you to share live updates on your trip with friends. Just hit “Share trip status” in Uber or “Share route” in Lyft.

But this will only help in the event something bad happens to you (Samantha Josephson’s boyfriend was tracking her phone during her fatal ride.) If you feel uncomfortable, get out or call 911.

Make sure your phone’s location-sharing is turned on. If you call 911, the police won’t know where you are unless location-sharing is on. Both apps now have an in-app panic button to call 911.

Let the Driver Know the Trip Is Being Tracked

Make a call and tell someone that you’re on the way in an Uber or Lyft and say, “I’m just calling to let you know I’m in an Uber and I sent you the trip so you’ll know when I’ll get there.”

If they don’t answer or you don’t really want to call anyone, make believe you are.

The driver will be less likely to commit a crime when they know someone knows where you are.

Open the App to the 911 Assistance Screen

You can download one of the emergency 911 apps that will call 911 and report your location. But Uber has a SWIPE TO CALL 911 button in the app. Have the SWIPE TO CALL 911 button ready in case you need it because you have to tap a few times to get to it.

  1. Open the Safety Toolkit
  2. Tap 911 Assistance
  3. The SWIPE TO CALL 911 button is now ready to swipe

Trust Your Instinct

If something seems “off” or “weird” about your driver, don’t get in. If you already did, get out wherever you see people or traffic. Never threaten your driver that you will call the police. Threats can only worsen the situation. Just get out or call 911 if you feel the need to threaten.

Never Make a Deal With Uber or Lyft Drivers

Never make a side deal with an Uber or Lyft driver to save money by logging out of the app. If you do that, you lose all the benefits of Uber and Lyft including safety features.

Benefits when the driver is logged in on the app:

  • Uber and Lyft use GPS to follow the movement of your car. Uber and Lyft will have recorded information showing where the car was at all times including what movements the car made and when. This is valuable information if there is an accident or if you go missing.
  • Uber and Lyft provide substantial insurance coverage.

When the driver is not logged in on the app:

  • Uber and Lyft do not know where you are.
  • Uber and Lyft do not know what movements the car makes.
  • You do not get insurance from Uber or Lyft and the driver’s personal insurance can also disclaim coverage, leaving you with no insurance coverage,

Watch Traffic When Getting In and Out of the Car

Wait until the car is out of traffic before you attempt to get in. When you get out, exit away from traffic, and make sure not to open the door in front of bicycles, motorcycles, cars, trucks, or pedestrians. If you open the door into oncoming traffic and cause an accident, it is called dooring.

If you were injured when opening the door on an Uber car you may be able to be compensated for your injuries, even if you were at fault.

Don’t forget, if you were injured in an Uber or Lyft accident, call the HURT-911® Uber accident lawyers in New York.

What Should I Do if I Was Assaulted by an Uber or Lyft Driver?

If you were either physically or sexually assaulted by an Uber or Lyft driver, you may not be limited by the $1,250,000 liability insurance policy. Call the HURT-911® Uber accident lawyers in New York for a free consultation.

What Should I Do if I Was in an Uber or Lyft Accident?

If you were in an Uber or Lyft accident, you may not be limited by the $1,250,000 liability insurance policy. Call the HURT-911® Uber accident lawyers in New York for a free consultation.

Just call the 1-800-HURT-911® Personal Injury Dream Team right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911

Related Articles

Which Is Safer a Big Old Car or a Small New Car With Safety Features?

See why Tesla and Volvo are the safest cars to drive, from a personal injury lawyer’s perspective.

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comments button for the Ultimate Uber and Lyft Safety Tips Guide

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.


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“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

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Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

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Questions & Comments About the Ultimate Uber and Lyft Safety Tips Guide

Which Is Safer a Big Old Car or a Small New Car With Safety Features?

Do you think you’re safer in one of those big old cars that were tanks or a small new car?

A big old Cadillac car

My Head-On Crash Between a Pontiac Tempest and a Cadillac

In high school, I had a 1968 Pontiac Tempest which was a tank. I was making a right turn when a woman in an even bigger car, a Cadillac, made a left turn on the wrong side of the street. Her Cadillac had a head-on collision with my car.

From the driver’s seat, I saw that the front of her large Cadillac was completely destroyed. The Cadillac was totaled. I got out and to my shock, my Pontiac Tempest didn’t have any damage, not even a scratch or a broken headlight!

Which Is Safer, a Big Old Car or a New Small Car?

But what about a crash between one of those old large tanks and a much newer small compact car with modern safety features? Which car do you think you would be safer in? Maybe it’s the old tank or maybe the newer small compact car.

First Video of a Crash Test Between an Old Car and a New Small Car

Nigel Latta did the first and one of the only crash tests between an old car and a newer small compact car. The video is broadcast on Curiosity Stream but you can watch the video below to find out which car you’re safer in.

So, which is safer, one of those big old cars that were tanks or a new small car? Watch the video

This is another video showing crash tests of old vs new cars and old large cars vs new cars. You may have to slow down the video to really see the damage to the cars.

Is a Large Modern Car Safer Than a Small Modern Car?

When comparing cars of the same years with almost equal safety features, bigger is still better. People in bigger heavier cars are safer than people in smaller lighter cars. Take a look at this crash test video using the same small car as Nigel Latta’s video of the crash test between an old car and a newer small car.

Is an SUV Safer Than a Car?

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Related Articles

Ultimate Uber and Lyft Safety Tips Guide

See why Tesla and Volvo are the safest cars to drive, from a personal injury lawyer’s perspective.

Should I Use the Insurance Estimate App to Send a Photo of My Car Damage for an Estimate?

See more answers to FAQs

comments button

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.

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Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Is Personal Injury With Surgery Worth More Than Without Surgery?

What’s Worth More, an Injury With Surgery or Without Surgery?

It depends. Getting surgery makes an injury more serious or worth more for settlement and may make it worth more at a trial of an accident case.

Some injuries require immediate surgery while some injuries can be treated without surgery but the lack of surgery is not an indicator of long-term consequences and even without surgery, you can get just as much money for your personal injury case. A doctor can testify that you will need surgery in the future.

Injuries Requiring Surgery Will Likely Get Worse

An example of an injury requiring immediate surgery is a displaced broken femur (thigh bone). A displaced fracture is where the bone is broken without maintaining proper alignment so that the pieces can move and should be fixated.

We represented a client whose femur was fractured (broken in two pieces). He had immediate surgery with excellent results and he was able to go back to work in six months as a motorcycle police officer.

broken femur fracture with internal fixation

Displaced femur fracture with surgical fixation healed in 6 months $425,000 verdict

At the Suffolk County Supreme Court trial, the insurance company offered only $100,000 to settle, which we declined. The insurance company argued at trial that the surgery was successful and he was “repaired” so that he could return to work without restrictions.  The insurance company paid the jury verdict of $425,000.

While our client is able to work without restrictions in a physically demanding occupation, he will experience serious symptoms in the future. The impact on his femur transmitted the energy to both ends of the femur, the knee, and hip causing stress to those areas. The stressed areas will develop traumatic arthritis and pain years in the future.

At a Nassau County Supreme Court trial where GEICO offered $20,000 to settle where our client had a knee injury consisting of a torn meniscus with arthroscopic surgery, the jury understood that the injury will develop arthritis later in life. The jury gave a verdict of $465,000.

But what about similar injuries without surgery such as a non-displaced fracture; torn rotator cuff; or meniscus tear? These injuries may be treated with or without surgery.

Injuries Without Surgery Will Also Likely Get Worse

Injuries such as a non-displaced fracture; rotator cuff tear; or a torn meniscus which are treated with therapy instead of surgery, have similar outcomes to the examples above with surgery.

An example, close to home for me, is my stepmother who was injured in a car accident 30 years ago. She was hit on the driver’s side by a truck that ran a red light. She injured her left shoulder and knee but did not get surgery.

Over the years, she began experiencing pain and today is extremely disabled. She now needs a quad cane to walk and is unable to use her left arm to lift anything. I purchased a lift chair because she is unable to get out of a chair.

Would the current symptoms of her injuries be lessened if she had surgery after the accident? Maybe, maybe not.

If she would have been better off today if she had surgery, then this is an example of a case that is more serious and worth more money without surgery than it would have been with surgery.

Depending upon the age and how active the patient was prior to the accident, surgery may be recommended to some patients but not to others.

The article, DO ALL ACL TEARS NEED SURGERY? by Ty E. Richardson, M.D., shows how an ACL tear (anterior cruciate ligament) of the knee may be recommended for a professional athlete but not to a “30 year-old office worker who runs a couple of days a week and plays a little golf on the weekends and tore his ACL at a church softball game.”

The article shows how ACL patients who can be treated without surgery can do very well with physical therapy and return to activity with excellent neuromuscular control, quadriceps strength and ankle stability. They are even able to remain active in sports.

However, Dr. Richardson reports that the long-term effects of an ACL tear without surgery shows “there is a pattern of ongoing damage to other supporting structures in the knee as well as the long-term development of arthritis”

A delay in getting surgery shows patients develop tears in one or both of the meniscus with an increased risk of developing arthritis over time.

Dr. Richardson reports that the rate at which arthritis develops appears to be slowed down by surgical reconstruction but not eliminated.

10 years after surgery, arthritis will develop in approximately 50% of patients without surgery, and 20% of patients with surgery. Dr. Richardson states, 20 years after the surgery, “the numbers are about the same, regardless of treatment.”

Thus, it appears that surgery can result in an improved condition in the early years after an accident but 20 years after the accident, the patient’s condition is the same regardless of getting surgery or not.

Insurance companies and even you may think that a non-displaced fracture will heal in a few weeks and isn’t a serious injury. But is that really true?

A non-displaced fracture, which is a broken bone that is still properly aligned, may be allowed to heal without surgery but the trauma which caused the fracture may cause arthritis and tendon or ligament tears.

The energy transmitted to the bone at the point of impact is dissipated throughout both ends of the bone to joints, ligaments, and tendons causing damage that appears later.

According to Fractures of the greater tuberosity of the humerus: a study of associated rotator cuff injury and atrophy (NIH), a non-displaced fracture of the greater tuberosity can result in residual displacement, full rotator cuff tear, and muscle atrophy.

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York Injury Attorneys, member of the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio for areas of expertise.

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

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