New York Bone Fracture Injury Lawyer
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Last updated: October 7, 2026
When a bone fracture injury is caused by someone else’s negligence in New York, you may have legal rights to compensation beyond basic insurance payments, but strict filing deadlines apply.
New York imposes strict filing deadlines for personal injury claims that vary by defendant type and case facts. Missing these deadlines may permanently bar your claim. Consult a qualified attorney immediately to determine the deadlines that apply to your case.⚖️ Important Legal Notice: This information is educational and does not constitute legal advice. New York personal injury law varies based on accident type, defendant identity (private party vs. government entity), and specific case facts. The time to file can vary from case to case depending on defendant status and other legal factors. Consult a qualified personal injury attorney admitted to practice in New York for advice specific to your bone fracture case. Free consultations available. Call (212) 732-2929.
Represented by New York Personal Injury Trial Attorneys:
Salvatore Aspromonte, Esq. | Founding & Managing Partner | Admitted in New York and Florida | Brooklyn Law School, 1979 Paul D. Dansker, Esq. | Founding Partner | Personal injury litigation since 1980 | Brooklyn Law School, 1979 Douglas Hoffer, Esq. | Partner | Admitted in New York and New Jersey since 1994 | With the firm since 1998 Raymond Maceira, Esq. | Partner | Admitted in New York and New Jersey | Trial attorney with the firm since 1995 Over $750 Million Recovered for Injured New Yorkers Since 1989. Prior results do not guarantee a similar outcome.
Bone Fracture Case Results
$3.25 Million: Fall from Ladder Client: 30-year-old carpenter working at a job site in a retail store fell from a ladder onto both feet and sustained bilateral calcaneus fractures (both heel bones) requiring multiple surgeries.
$2.25 Million: Fall from Ladder Client: 46-year-old carpenter fell when a straight ladder slipped away from the wall on a job site. He suffered facial injuries and a fractured knee that required surgery. The property owner and general contractor were found responsible for failing to provide a more suitable A-frame ladder or scaffolding.
$1.3 Million: Workplace Scaffold Fall Client: 50-year-old construction worker sustained small fractures of the spinous process (spine) and mild cognitive deficits after falling through a hole in the scaffold where he was working.
Disclaimer: Past results do not guarantee future outcomes. Every case depends on its specific facts, evidence, liability circumstances, and available insurance coverage. Individual results vary significantly based on case-specific factors.
When You Need a New York Bone Fracture Lawyer
You should consider consulting a New York personal injury attorney if you have fractured any bone in an accident.- Severe fractures requiring surgery: Open/compound fractures where bone breaks through skin, comminuted fractures where bone shatters into multiple pieces, fractures requiring metal plates/rods/screws, or multiple fracture sites
- Permanent impairment or disability: Fractures can cause loss of range of motion, chronic pain, visible deformity or limb shortening, arthritis development, or functional limitations affecting daily activities
- Significant economic losses: Medical bills exceeding $10,000, lost income for more than 30 days, future treatment needs (physical therapy, additional surgeries), or reduced future earning capacity
- Disputed liability or shared fault: Insurance company denies their insured was at fault, multiple parties potentially responsible, conflicting witness accounts, or allegations you contributed to the accident
- Inadequate insurance settlement offer: Initial offer doesn’t cover your medical bills plus lost wages plus future treatment, pressure to settle quickly before injury fully evaluated, or settlement requires signing broad release
- Third-party liability in workplace accidents: Injury occurred at work but involves defective equipment (product liability), negligent subcontractor (not your employer), unsafe premises (property owner liability), or falls from heights/scaffolds (NY Labor Law 240/241 claims).
⏰ Why Timing Matters: Evidence disappears quickly after accidents. Security camera footage is often overwritten within weeks. Witnesses forget critical details. Medical records become harder to obtain over time. Scene conditions change (repaired hazards, altered lighting, vegetation growth). Most importantly, missing a filing deadline can bar your case regardless of injury severity or defendant fault.
Compensation for Bone Fracture Injuries in New York
In New York third-party negligence cases, you may recover compensation for bone fractures if you prove another party’s negligence caused your injury. New York law recognizes both economic damages (quantifiable financial losses) and non-economic damages (pain, suffering, and loss of enjoyment of life). This applies specifically to third-party liability claims in New York. It does NOT apply to workers’ compensation-only cases (which have fixed benefit schedules) or to New York no-fault automobile insurance basic coverage (which covers medical bills and lost wages up to $50,000 but excludes pain and suffering unless you meet the “serious injury” threshold). Source: NY Insurance Law § 5102(d) In motor vehicle cases, a fracture is one of the listed categories of “serious injury” under Insurance Law § 5102(d). You must still prove the accident caused the fracture. The severity of the fracture, surgical intervention required, length of treatment, and permanent impairment all affect the value of your claim.Types of Compensation Available
| Damage Category | What’s Covered | Documentation Required |
|---|---|---|
| Past Medical Expenses | Emergency room, ambulance, surgery, hospitalization, diagnostic tests (X-rays, CT scans, MRI), physical therapy, medications, medical equipment (crutches, wheelchair, braces) | Itemized medical bills, hospital records, receipts, insurance EOBs showing amounts paid/owed |
| Future Medical Expenses | Anticipated surgeries (hardware removal, revision surgery, arthritis treatment), ongoing physical therapy, future medications, assistive devices, home healthcare | Life care plan from medical expert, doctor testimony on future treatment needs, cost estimates from medical providers |
| Past Lost Income | Wages/salary lost during recovery, sick/vacation days used, lost self-employment income, lost overtime opportunities | Employer letter documenting missed work, pay stubs, W-2s/1099s, tax returns for self-employed |
| Future Lost Earning Capacity | Reduced ability to work same hours, inability to return to prior occupation, need for career change, lost promotion opportunities, reduced earning potential | Vocational expert testimony, economist testimony calculating lifetime earnings loss, medical restrictions from doctor |
| Pain and Suffering | Physical pain from injury and surgery, emotional distress, anxiety/depression resulting from injury, loss of enjoyment of life activities | Medical records documenting pain, psychological treatment records, testimony describing activity limitations, comparative verdicts for similar injuries |
| Loss of Consortium (Spouse’s claim) | Loss of companionship, affection, sexual relations, household services, moral support from injured spouse | Marriage certificate, spouse testimony, counseling records if applicable |
Economic Damages: $75,000 (past medical) + $60,000 (future medical) + $45,000 (past lost wages) + $300,000 (future earning capacity) = $480,000
Non-Economic Damages (Pain/Suffering): Illustrative assumption of $200,000-$500,000 depending on severity and permanence = $350,000 (mid-range estimate)
Total Potential Compensation: $480,000 + $350,000 = $830,000
Note: This is an illustrative example only, not a past result or a prediction. Actual compensation depends on liability strength (can you prove defendant’s negligence?), comparative fault (did you contribute to the accident?), insurance coverage available, jury venue, quality of expert testimony, and defendant’s financial resources. Past results do not guarantee similar outcomes in your case.
Types of Bone Fractures We Handle in New York
New York courts recognize that not all fractures are equal in severity or legal significance. Our attorneys handle all fracture types, from relatively minor injuries that heal with casting to catastrophic fractures requiring multiple surgeries and resulting in permanent disability. The type of fracture significantly affects case value. Compound fractures requiring surgery typically result in higher compensation than simple non-displaced fractures that heal with casting.Medical Classification of Fractures
| Fracture Type | Medical Description | Legal Significance in NY Claims |
|---|---|---|
| Simple (Closed) Fracture | Bone is broken but skin remains intact. No exposure of bone to outside environment. Lower infection risk. | A fracture is a “serious injury” category under NY Insurance Law § 5102(d), even without surgery. Simple fractures healing with casting typically receive lower compensation ($20,000-$75,000 range depending on location and disability duration). |
| Compound (Open) Fracture | Bone breaks through skin or external wound exposes bone. High infection risk requiring antibiotics and surgical debridement. Often requires multiple surgeries. | Meets the “serious injury” fracture category in NY. Strong case value due to infection risk, scarring, multiple surgeries, prolonged treatment. Typical compensation: $100,000-$500,000+ depending on complications and permanent impairment. |
| Impacted Fracture | One bone fragment is driven into another bone fragment. Common in compression injuries (falls from height, car accidents). May cause bone shortening. | Severity varies. Impacted vertebral fractures in spine can cause permanent height loss and chronic pain (higher value). Impacted finger fractures may heal well (lower value). Key factor: permanent functional limitation. |
| Spiral Fracture | Bone twisted and broken in spiral pattern. Often results from twisting force (sports injuries, machinery accidents). Healing complicated by rotational instability. | Often requires surgery with screws/rods to maintain alignment during healing. Legal significance increases with surgical intervention and permanent limitations (range of motion loss, instability). Typical compensation: $75,000-$250,000. |
| Comminuted Fracture | Bone splintered or crushed into three or more fragments. Results from high-energy trauma (car crashes, falls from significant height, crush injuries). Difficult to reconstruct surgically. | Often among the highest-value fracture types in personal injury cases. Multiple surgeries frequently required. High risk of non-union (bone fails to heal properly), malunion (bone heals in wrong position), and post-traumatic arthritis. Typical compensation: $200,000-$1,000,000+ depending on bone location and functional outcome. |
| Greenstick Fracture | Incomplete fracture where bone bends and cracks but doesn’t break completely. Occurs primarily in children whose bones are more flexible. | Lower value in most cases (typically heals well with casting). However, in child injury cases, any permanent growth plate damage can justify higher compensation due to lifetime impact. Requires pediatric orthopedic expert evaluation. |
| Stress Fracture | Small crack in bone from repetitive force or overuse. Common in athletes and workers performing repetitive motions. Develops gradually rather than from single trauma event. | Difficult to prove in third-party negligence cases (usually gradual injury not traceable to single accident). More relevant in workers’ compensation or occupational disease claims. Personal injury cases require expert testimony linking stress fracture to specific incident. |
Compensation ranges are approximate based on our firm’s experience and are not guarantees or predictions. Actual case value depends on liability strength, comparative fault, insurance coverage, medical evidence quality, expert testimony, jury venue, and many other case-specific factors. Prior results do not guarantee a similar outcome.
High-Value Fracture Locations in New York Cases
Based on our 35+ years handling bone fracture cases in New York, certain fracture locations consistently result in higher compensation due to impact on daily function, permanence of disability, and surgical complexity:- Hip fractures (femoral neck, acetabulum): High surgical complexity, often require hip replacement in older adults, significant loss of mobility, high non-union risk. Typical compensation: $200,000-$800,000+
- Femur fractures (thighbone): Largest bone in body, requires surgical rod insertion, lengthy recovery, high risk of permanent gait abnormality. Typical compensation: $150,000-$600,000
- Tibia/fibula fractures (shin bones): Weight-bearing bones, compartment syndrome risk requiring emergency surgery, high post-traumatic arthritis rate. Typical compensation: $100,000-$400,000
- Ankle fractures (distal tibia/fibula, talus): Complex joint biomechanics, permanent arthritis common, chronic pain and swelling, functional limitations. Typical compensation: $75,000-$350,000
- Calcaneus fractures (heel bone): Crushes rather than breaks cleanly, requires specialized foot/ankle surgeon, high rate of chronic pain and arthritis, permanent gait changes. Typical compensation: $100,000-$400,000
- Spinal fractures (vertebrae): Risk of spinal cord injury, permanent height loss, chronic back pain, neurological complications possible. Typical compensation: $150,000-$1,000,000+ depending on spinal cord involvement
- Pelvic fractures: Often multiple fracture sites simultaneously, prolonged immobility during healing, sexual dysfunction possible, bowel/bladder complications in severe cases. Typical compensation: $150,000-$750,000
- Skull fractures: Brain injury risk, seizure risk, cognitive impacts, permanent cosmetic deformity if depressed fracture. Typical compensation: $100,000-$2,000,000+ depending on brain injury severity
Compensation ranges are approximate based on our firm’s experience and are not guarantees. Actual case value depends on liability strength, comparative fault, insurance coverage, medical evidence quality, expert testimony, jury venue, and many other case-specific factors. Prior results do not guarantee a similar outcome.
New York Labor Law 240/241: Construction Worker Fracture Cases
Construction workers who suffer bone fractures in New York may have rights under Labor Law § 240 and § 241, in addition to workers’ compensation benefits. New York Labor Law § 240 (the “Scaffold Law”) and New York Labor Law § 241 (the “Construction Safety Law”) apply to construction, renovation, demolition, excavation, and repair work in New York. They do NOT apply to general workplace accidents or office injuries. Source: NY Labor Law § 240 Labor Law § 240(1) imposes absolute liability on owners and contractors for elevation-related injuries. If you prove the safety violation occurred and caused your injury, the property owner and general contractor are liable, and your own carelessness is not a defense. Labor Law § 241(6) works differently. It requires proof that a specific Industrial Code rule was violated, and your own fault can reduce your recovery.When Labor Law 240/241 Applies to Fracture Cases
Labor Law § 240 (“Scaffold Law”) applies to fractures from:- Falls from heights (ladders, scaffolds, roofs, elevated work platforms)
- Falling objects striking worker (tools, materials, equipment falling from above)
- Elevation-related accidents during construction/demolition work
- Tripping hazards on construction sites (exposed rebar, debris, uneven surfaces)
- Inadequate lighting causing falls or struck-by accidents
- Unsafe excavation/trenching causing cave-ins
- Lack of required safety equipment (hard hats, safety harnesses, guardrails)
- Violations of specific Industrial Code regulations (12 NYCRR Part 23)
Critical Difference from Workers’ Compensation: Workers’ compensation provides fixed benefits for medical treatment and partial wage replacement but does NOT compensate for pain and suffering, loss of enjoyment of life, or full economic losses. A Labor Law 240/241 claim against the property owner or general contractor (third parties, not your employer) allows you to seek full compensation including pain and suffering damages, which can be substantially higher than workers’ comp benefits alone. You can receive both workers’ comp benefits AND third-party lawsuit compensation (the workers’ comp lien is repaid from the final settlement).
Disclaimer: This is a hypothetical example, not a past result. Past results do not guarantee similar outcomes. Individual case results depend on specific facts, liability, and available insurance coverage.
New York Statute of Limitations for Bone Fracture Cases
New York law imposes strict deadlines for filing bone fracture injury lawsuits. Missing these deadlines can result in dismissal of your case, regardless of injury severity, clear liability, or strong evidence. Deadlines are paused or extended only in limited circumstances, such as when the injured person was a minor or mentally incapacitated.Standard Personal Injury Deadline
For most bone fracture cases caused by negligence of a private party (individual, business, or private property owner), a filing deadline applies under New York’s statute of limitations. Ask an attorney to calculate the deadline for your case as soon as possible. Source: NY CPLR § 214Government Defendant Deadlines
If your bone fracture was caused by a government entity or government employee, you face much shorter deadlines under New York General Municipal Law § 50-e and § 50-i: Step 1, Notice of Claim: You must file a formal Notice of Claim with the appropriate government office promptly after the injury. This is a detailed document describing your injury, how it occurred, what the government entity did wrong, and the damages you suffered. Step 2, Lawsuit: After filing the Notice of Claim, you must start your lawsuit within a separate, shorter deadline that applies to claims against government entities. Source: NY General Municipal Law § 50-e and § 50-i Government defendants in New York fracture cases include:- New York City (NYC): Sidewalk defects, roadway defects, parks, recreation facilities, municipal buildings
- NYC Transit Authority (MTA/NYCTA): Subway accidents, bus accidents, train station conditions
- NYC Housing Authority (NYCHA): Public housing building conditions (stairs, elevators, handrails)
- NYC Department of Education: School building conditions, playground accidents, negligent supervision
- Port Authority of New York and New Jersey: Bus terminals, PATH trains, airports, bridges/tunnels
- State of New York: State buildings, state-owned roads, state parks, state universities
- County and municipal governments: County roads, municipal buildings, local parks
⚠️ Critical Notice: The Notice of Claim deadline is strictly enforced. New York courts grant permission to file late (called “late notice motions”) only in limited circumstances, such as when the government entity had actual knowledge of the essential facts of your claim and will not be substantially prejudiced by the late notice. Simply not knowing about the Notice of Claim requirement is NOT a valid excuse. If you were injured by a government entity or on government property, consult an attorney immediately. Do not wait.
Special Deadline Situations in Fracture Cases
These rules apply to claims brought in New York. Other states set their own deadlines.| Situation | Deadline Rule | Why It Matters |
|---|---|---|
| Minor Child Injured | The statute of limitations is generally paused until the child reaches adulthood | A child may have more time to sue a private party. Exception: if suing a government entity, the Notice of Claim requirement still applies, and a parent or guardian should act promptly |
| Medical Malpractice Causing Fracture | A shorter deadline than standard personal injury, measured from the malpractice or the end of “continuous treatment” | Example: a surgeon fractures your rib during surgery due to negligence. The malpractice deadline applies, not the standard personal injury deadline |
| Wrongful Death from Fracture Complications | A separate deadline that runs from the date of death (not date of injury) | If a fracture victim dies from infection, blood clot, or other complication months after injury, the wrongful death deadline starts on the death date |
| Product Defect Causing Fracture | Generally the standard personal injury deadline, measured from the injury | If a defective ladder caused a fall and fracture, you may sue the ladder manufacturer under product liability. A discovery rule applies only in limited cases, such as latent injuries from exposure to toxic substances |
| Defendant Leaves New York | The deadline may be paused in limited circumstances while the defendant is out of state | This tolling does not apply if the defendant can still be served, so do not rely on it without an attorney’s advice |
Common Accidents Causing Bone Fractures in New York
Our firm has represented bone fracture victims from all types of accidents across New York City and surrounding areas. Understanding the specific accident type affecting your case is important because different legal theories apply, different defendants may be liable, and different insurance coverage applies. For example, construction site fractures may involve Labor Law 240/241 claims, auto accident fractures involve no-fault insurance issues, and slip/fall fractures involve premises liability notice requirements.Motor Vehicle Accidents
Car, truck, motorcycle, bicycle, and pedestrian accidents are a frequent cause of bone fractures in New York. High-impact collisions frequently result in femur fractures, pelvic fractures, rib fractures, and facial bone fractures. New York is a “no-fault” state, meaning no-fault insurance pays your medical bills and lost wages up to $50,000 regardless of fault, but you can only sue the at-fault driver for pain and suffering if you meet the “serious injury” threshold under Insurance Law § 5102(d). A fracture is one of the listed threshold categories. In motor vehicle cases, your own share of fault can also bar recovery if it is greater than the defendant’s, under a May 2026 change to CPLR § 1411. Learn more about NY car accident casesConstruction Site Accidents
Falls from ladders, scaffolds, and roofs are a common cause of bone fractures on New York construction sites. Workers may also suffer fractures from falling objects (tools, materials), trench collapses, and heavy machinery accidents. Construction workers injured on the job receive workers’ compensation benefits BUT may also have third-party claims against property owners and general contractors under NY Labor Law 240/241, and against equipment manufacturers or other subcontractors under other legal theories. These third-party claims allow recovery of full damages including pain and suffering, which workers’ comp alone does not provide. Learn more about NY construction accident casesSlip, Trip, and Fall Accidents
Slips on ice/snow, trips on sidewalk defects, falls on stairs with defective handrails, and falls in poorly lit areas are common causes of bone fractures in New York. Hip fractures, wrist fractures (FOOSH injuries, “fall on outstretched hand”), and ankle fractures are most common. Premises liability cases in New York require proving the property owner had notice of the dangerous condition (actual notice or constructive notice) and failed to correct it or warn visitors. This makes timely evidence gathering critical. Photos of the defect, witness statements, and accident reports must be obtained quickly before conditions change. Learn more about NY slip/fall casesWorkplace Accidents (Non-Construction)
Fractures in warehouses, retail stores, restaurants, offices, and other non-construction workplaces may result from falls, struck-by accidents, or equipment malfunctions. Workers’ compensation is typically the exclusive remedy against your employer, but you may have third-party claims against equipment manufacturers (product liability), property owners (if working at a client’s site), or delivery drivers/contractors (if struck by vehicle). An experienced attorney can identify all potentially liable third parties beyond your employer.Subway, Bus, and Train Accidents
MTA/NYCTA accidents resulting in fractures include slip/falls on subway platforms, being struck by closing train doors, falls on broken bus stairs, and collisions. The MTA and NYCTA are government entities that require a Notice of Claim and have much shorter lawsuit deadlines than claims against private parties. Surveillance footage from MTA facilities can be overwritten quickly, making immediate attorney consultation critical. Learn more about NY transit accident casesDog Bites and Animal Attacks
While dog bites primarily cause soft tissue injuries, severe attacks can result in facial bone fractures (orbital, nasal, jaw), hand/wrist fractures (defensive injuries), and fractures from being knocked down by large dogs. In New York, a dog owner can be held liable when the owner knew or should have known of the dog’s vicious propensities. Evidence of prior aggressive behavior is critical. Learn more about NY dog bite casesProving a New York Bone Fracture Injury Case
To win a New York bone fracture case, you must prove four elements by a preponderance of the evidence. That standard means “more likely than not,” or more than 50% probability. The elements are (1) Duty, (2) Breach, (3) Causation, and (4) Damages. Insurance companies and defendants will challenge one or more of these elements to avoid paying compensation or to reduce the amount paid.Element 1: Duty of Care
You must prove the defendant owed you a legal duty to exercise reasonable care to prevent injury. Different relationships create different duties:- Property owners owe visitors a duty to maintain premises in reasonably safe condition and warn of known hazards
- Drivers owe other road users a duty to operate vehicles safely and follow traffic laws
- Employers owe workers a duty to provide reasonably safe workplace (but workers’ comp is usually exclusive remedy)
- Product manufacturers owe consumers a duty to design and manufacture safe products with adequate warnings
- Property owners/contractors owe construction workers additional duties under NY Labor Law 240/241 to provide specific safety protections
Element 2: Breach of Duty (Negligence)
You must prove the defendant breached their duty by failing to act as a reasonably careful person would under similar circumstances. This requires showing specific negligent acts or omissions: Premises liability fracture cases:- Property owner failed to repair known defect (broken step, uneven sidewalk, icy condition)
- Property owner failed to inspect property to discover hazards
- Property owner failed to warn visitors of hidden dangers
- Property owner failed to comply with building codes (defective handrails, inadequate lighting)
- Driver violated traffic law (speeding, running red light, failure to yield)
- Driver was distracted (texting, eating, adjusting radio)
- Driver was intoxicated or drowsy
- Driver failed to maintain control of vehicle (brake failure from poor maintenance)
- Property owner/contractor failed to provide adequate fall protection (NY Labor Law 240)
- Property owner/contractor violated specific Industrial Code safety regulation (NY Labor Law 241)
- Defective equipment (ladder, scaffold, safety harness) used despite known defect
Element 3: Causation
You must prove the defendant’s breach of duty directly caused your bone fracture. This has two parts: Cause-in-fact (but-for causation): But for the defendant’s negligence, would your fracture have occurred? You must show a direct link between the negligent act and your injury. Proximate cause (foreseeability): Was your fracture a foreseeable result of the defendant’s negligence? Defendant is not liable for bizarre, unforeseeable chains of events. Common causation challenges in fracture cases:- Pre-existing condition: Defendant argues you had osteoporosis, prior fracture, or bone disease making you more susceptible to fracture, and that they shouldn’t be liable for your “eggshell skull” condition. NY law response: Defendant takes plaintiff as they find them. Pre-existing fragility doesn’t reduce liability for the harm the accident caused.
- Alternative cause: Defendant argues your fracture occurred from different accident or mechanism. Attorney response: Medical records review, biomechanics expert testimony, timing analysis.
- Medical malpractice superseding cause: Defendant argues your poor outcome resulted from doctor’s negligent treatment, not their negligence. Attorney response: Expert testimony that complications were natural result of initial trauma, not iatrogenic (doctor-caused).
Element 4: Damages
You must prove you suffered actual damages (economic and/or non-economic losses) as a result of the fracture. This requires documentation: Medical records evidence:- Emergency room records documenting initial fracture diagnosis and treatment
- X-rays, CT scans, MRI showing fracture location, type (comminuted, compound, etc.), and severity
- Surgical records if surgery required (operative reports, anesthesia records, implant documentation)
- Physical therapy records showing duration and progress of treatment
- Follow-up orthopedic records documenting healing progress or complications
- IME (Independent Medical Examination) by defense doctor, whose opinions you must rebut
- Itemized medical bills totaling all treatment costs
- Wage loss verification from employer (dates missed, hourly rate or salary, total wages lost)
- Tax returns proving self-employment income lost
- Life care plan from medical expert projecting future treatment needs and costs
- Vocational expert report on loss of earning capacity if unable to return to prior occupation
- Pain scale ratings documented in medical records
- Testimony describing daily pain levels, sleep disruption, medication needs
- Activity logs showing limitations (can’t walk stairs, can’t lift children, can’t play sports)
- Photographic evidence of surgical scars, deformity, assistive devices used
- Testimony from family members describing personality changes, depression, loss of companionship
- Comparative verdict research showing what juries award for similar fractures
New York’s Comparative Fault Rule in Fracture Cases
In most New York personal injury cases, your compensation is reduced by your percentage of fault. Under this rule in CPLR Article 14-A, sharing fault reduces your recovery but does not bar it. Two exceptions matter in fracture cases. Under a May 2026 amendment to CPLR § 1411, in motor vehicle injury cases covered by New York’s no-fault law, you cannot recover if your fault is greater than the defendant’s. And in Labor Law 240 construction accident cases, the worker’s own carelessness is not a defense. How comparative fault works: The jury determines (1) total damages you suffered, and (2) percentage of fault for each party. Your final award is reduced by your fault percentage. Calculation example: You slip on ice outside a store, fall, and fracture your ankle requiring surgery. Jury finds:- Total damages: $200,000 ($75,000 medical expenses + $25,000 lost wages + $100,000 pain/suffering)
- Store’s fault: 70% (failed to salt/sand walkway despite icy conditions and prior complaints)
- Your fault: 30% (wore smooth-soled fashion boots instead of winter boots with traction)
Your recovery: $200,000 × 70% = $140,000 (reduced by your 30% share)
Important distinction: Outside motor vehicle cases, New York uses “pure” comparative negligence, so a partly at-fault plaintiff can still recover a reduced amount. In motor vehicle cases covered by the no-fault law, the May 2026 amendment bars recovery when your fault is greater than the defendant’s. Ask your attorney which rule applies to your accident.Common Comparative Fault Arguments in Fracture Cases
Insurance companies and defendants routinely try to shift blame onto injured victims to reduce payouts. Common arguments in bone fracture cases:| Defense Comparative Fault Argument | Attorney Response Strategy |
|---|---|
| “You weren’t watching where you were going” | Prove the hazard was not visible/open and obvious (poor lighting, debris obscuring defect, sudden condition change). Emphasize property owner’s superior knowledge of recurring problem. Obtain witness testimony confirming hazard was concealed. |
| “You were distracted by your phone” | Phone records proving no call/text activity at accident time. Witness testimony you were not using phone. Even if using phone, argue pedestrians entitled to assume sidewalk maintained reasonably safe. |
| “You were rushing/running” | Testimony from plaintiff and witnesses confirming normal walking pace. Surveillance footage if available showing normal gait. Argue defect dangerous even at careful pace. |
| “You chose to walk in dangerous area” | Prove no reasonable alternative route available. Show property owner’s prior knowledge of hazard and failure to warn/barricade. Emphasize invited-visitor status. |
| “You were intoxicated” | Medical records showing no alcohol/drugs in blood work. Witness testimony plaintiff appeared sober. Even if present, argue condition was so dangerous it would have caused injury to sober person. |
| “You didn’t use safety equipment provided” (construction sites) | Prove equipment inadequate, defective, or not readily accessible. In Labor Law 240 cases, plaintiff’s negligence is NOT a defense if safety device should have been provided. |
| “You have brittle bones (osteoporosis) so minor fall shouldn’t have caused fracture” | “Eggshell skull” doctrine: Defendant takes plaintiff as found. Pre-existing condition making plaintiff more vulnerable doesn’t reduce liability for the harm the accident caused. Defendant can be liable for the full extent of injuries even if greater than expected. |
| “You delayed medical treatment making injury worse” | Prove treatment sought within reasonable time given circumstances (injury severity not immediately apparent, no insurance delaying care, work obligations). Expert testimony any delay didn’t worsen fracture outcome. |
⚠️ Critical Evidence Preservation: Insurance adjusters begin building comparative fault defenses immediately. They will take recorded statements hoping you’ll admit to distractions, rushing, or other “contributory negligence.” They’ll review social media for posts showing you engaged in activities inconsistent with injury claims. Never give a recorded statement to an insurance company without an attorney present. Never post on social media about your accident, injuries, or activities during litigation. These statements can be used to reduce your compensation by 20%, 30%, 50% or more even if the defendant was clearly negligent.
Why Choose Dansker & Aspromonte for Your New York Bone Fracture Case
Dansker & Aspromonte Associates LLP has represented injured New Yorkers since 1989. The firm has recovered over $750 million in compensation for clients across all five boroughs and surrounding counties. Past results do not guarantee future outcomes. Our attorneys have handled bone fracture cases resulting from construction accidents, motor vehicle collisions, slip/falls, subway/bus accidents, and other negligence. See all of the personal injury practice areas we handle.Trial-Tested Experience
Our attorneys are not settlement mills. We are trial lawyers who take cases to verdict when insurance companies refuse fair compensation. Salvatore Aspromonte, Esq. has tried personal injury cases to New York juries, including complex cases involving disputed liability and permanent disability. A trial reputation can lead insurance companies to take demands more seriously.No Attorney’s Fee Unless We Win
We work on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation for you. Our fee is a percentage of your recovery, set out in a written retainer agreement before we take your case. If we don’t win, you owe us nothing for attorney’s fees. Court costs and disbursements may apply regardless of outcome. Ask us to explain how costs are handled before you sign.Immediate Evidence Preservation
We understand that evidence disappears quickly after bone fracture accidents. Our investigators move immediately to:- Photograph accident scene before conditions change (repaired hazards, altered lighting)
- Secure surveillance footage before it is overwritten (stores, buildings, MTA, traffic cameras)
- Interview witnesses while memories are fresh and obtain signed statements
- Preserve physical evidence (defective equipment, clothing, shoes)
- Issue spoliation letters to defendants preventing evidence destruction
- Obtain complete medical records documenting injury and treatment
Expert Witness Network
Complex bone fracture cases require expert testimony to prove causation, future medical needs, and lost earning capacity. Our firm maintains relationships with:- Board-certified orthopedic surgeons: Testify about surgical necessity, permanence of impairment, future arthritis risk, hardware complications
- Biomechanics experts: Reconstruct accident mechanism, prove forces involved would cause observed fracture pattern
- Life care planners: Project future medical needs (surgeries, medications, therapy) and cost over plaintiff’s lifetime
- Vocational rehabilitation experts: Assess ability to return to prior occupation, retrain for different work, calculate wage loss
- Economists: Calculate present value of future lost earnings and medical expenses
- Accident reconstruction experts: Analyze vehicle collisions, falls, construction site accidents to prove liability
Multilingual Representation
Our staff speaks Spanish and Mandarin Chinese, and we work with interpreters for other languages. We represent clients from all New York communities regardless of immigration status. Your legal rights to compensation do not depend on citizenship.Client Testimonials
These excerpts come from Dansker & Aspromonte client reviews.“If I could list 10 stars in rating I would they were compassionate, courteous, and pleasant always. … Mr. Doug Hoffer was there for me every step of the way explaining everything from beginning to end. I felt like part of their family … Mr. Sal [Aspromonte] was a gem, I probably drove him crazy, never once did he not answer my calls and get back to me … As far as I am concerned if anyone ever needs a law firm for their needs Dansker & Aspromonte by far is the one to go with.”
“This was probably one of the longest suits but during those years I’ve come to know each and everyone of the attorneys at the firm and have not only grown a client/attorney relationship but also developed a trusting client/attorney friendship relationship and this to me is very important.”
Free Consultation, No Obligation
Contact Dansker & Aspromonte Associates LLP for a free consultation if someone else’s negligence caused your bone fracture in New York. Our attorneys will review your case, explain your legal rights, answer your questions, and advise you whether you have a viable claim. Contact us to discuss your legal options.Serving Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Nassau, Suffolk, Westchester, and Rockland Counties
Attorney Advertising Notice: Prior results do not guarantee a similar outcome. This website is for informational purposes only and does not constitute legal advice. Submitting a contact form, sending an email, or calling our office does not create an attorney-client relationship. No attorney-client relationship exists until we sign a written retainer agreement after evaluating your case. We do not charge for initial consultations.
New York Rules of Professional Conduct require that attorney advertising contain the name and principal office address of the lawyer or law firm. Dansker & Aspromonte Associates LLP, 30 Vesey Street, 16th Floor, New York, NY 10007.
Recover Your Life
Let Us Fight For You Free & Confidential Consultation
Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.
How We Can Help
Brain Damaged Child
$50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Wrongful Death
$21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury
$10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.
MVA - Police Officer
$31 Million
A 35-year-old New York City Police officer was admitted to Jacobi Hospital with head and limb injuries after a collision.
Stay in the Know
Read Our Bone Fracture Blog
Construction Accident Law: Recent Developments and Key Cases in NYC
Were Doctors Negligent In Treating You Or A Loved One After An accident? You May Have The Right To Sue.
Recover Your Life
Let Us Fight For You Free & Confidential Consultation
Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.