Broken Bone Injury Lawyer in NYC
Serious fractures from crashes, falls and work accidents, in NYC and on Long Island
Fractures and Broken Bones
Yassi Law P.C. represents people in New York who suffer serious broken bones, such as hip, pelvic, femur, tibial plateau and ankle fractures, because someone else was careless. Attorney Reza Yassi handles each case himself, on a contingency fee, in all five boroughs of New York City and in Nassau and Suffolk Counties.
For the rules that apply to every injury claim, see our overview of New York personal injury cases.
Fracture cases we take
We focus on fractures that need surgery or leave lasting limits:
Hip and pelvic fractures, including fractures of the hip socket (acetabulum)
Femur (thighbone) fractures
Tibial plateau, kneecap, tibia and fibula fractures
Ankle, heel (calcaneus) and foot fractures, including bimalleolar and trimalleolar ankle fractures
Shoulder, arm and wrist fractures that need surgery, including scaphoid fractures
Open (compound) fractures and multiple fractures from one accident
Fractures with complications such as compartment syndrome, infection or a bone that does not heal
Broken vertebrae are covered on our spinal cord and back injury page, and skull fractures on our head and brain injury page.
A simple break that heals in a cast within weeks, with no lasting effect, can still be a valid claim, but it is a minor injury and we often decline those cases.
Is a broken bone a serious injury after a car accident in New York?
Yes. After a car or truck crash covered by New York's no-fault law, you can sue the at-fault driver for pain and suffering only if you have a "serious injury" (Insurance Law § 5104(a)), and "a fracture" is one of the eight serious-injury categories in Insurance Law § 5102(d).
The statute does not say the fracture must be displaced, need surgery or be permanent. The fight is usually about proof: whether imaging shows a fracture, and whether the crash caused it rather than an earlier injury or weak bones. Imaging soon after the crash, and a doctor who ties the fracture to it, answer both.
If your proof that at least some injuries meet the threshold defeats the defense's summary judgment motion, New York's highest court has held it unnecessary to address whether your proof on the other injuries would also suffice (Linton v. Nawaz, 14 N.Y.3d 821 (2010)).
Lawsuits filed on or after May 26, 2026, whatever the crash date, follow new rules (Part EE of Chapter 58 of the Laws of 2026). The jury decides who was at fault before it decides whether the injury is serious (§ 5104(a)). An injured person more at fault than the defendant, or all defendants combined, recovers nothing (CPLR 1411(b)); equal or lesser fault only reduces the award. Read more on how your share of fault affects an injury case.
A $100,000 cap on pain and suffering now applies to a partly at-fault injured person who was driving an uninsured vehicle they had to insure (a lapse under 30 days excepted), or was convicted of impaired driving or of a felony while driving, except in death cases (§ 5104(d)).
No-fault itself pays medical bills and part of lost earnings, up to $50,000 per person, whoever caused the crash (Insurance Law § 5102(a)). Motorcycle crashes generally fall outside these rules (§ 5102(f)). More detail is on our car accident claims page.
Broken bones from falls, construction and other accidents
Outside vehicle cases there is no serious-injury threshold. If a person or company failed to use reasonable care and you broke a bone as a result, you can sue for all your damages, including pain and suffering.
Falls cause many fractures: a broken ankle on a cracked sidewalk, a hip fracture on an unlit stair. Who is responsible depends on who owned or controlled the property and whether the hazard was known or should have been found; see slip, trip and fall claims.
If you were partly at fault in a non-vehicle case, your recovery is reduced by your share of fault, not barred (CPLR 1411(a)).
A broken bone at work: workers' comp and a lawsuit
You usually cannot sue your own employer. Workers' compensation is generally the only remedy against the employer, except one that failed to carry the required coverage (Workers' Compensation Law § 11).
You can still sue someone other than your employer or a co-worker, such as a property owner or general contractor, while collecting comp (§ 29). The carrier is repaid from the recovery and credits it against future comp (§ 29(1), (4)).
For a fracture from a fall off a ladder or scaffold on a building job, owners and contractors must provide devices that give workers proper protection (Labor Law § 240(1)), except owners of one- and two-family homes who do not direct or control the work.
The firm does not appear at Workers' Compensation Board hearings, but it works with law firms that do.
When fracture care goes wrong: compartment syndrome and missed fractures
Some fracture cases are also medical malpractice cases. A fracture missed on an X-ray, or a delay in treating compartment syndrome, where swelling cuts off blood flow to muscles and nerves, can turn a broken bone into permanent damage or the loss of a limb.
A bad result is not malpractice by itself. A claim needs care below accepted medical standards that caused harm. The deadline is generally two years and six months from the malpractice or the end of continuous treatment (CPLR 214-a), and much shorter for a NYC Health + Hospitals facility (see the deadlines below). The fee follows the sliding scale in Judiciary Law § 474-a.
Whoever caused the original fracture can remain responsible too, so both claims are planned together.
Why a healed fracture can still be a serious case
An X-ray showing a healed bone does not mean the injury is over. Fractures, especially those through a joint surface such as the tibial plateau, ankle or hip socket, can leave lasting problems:
A bone that heals slowly, out of alignment, or not at all
Plates, rods or screws that later need to be removed
Post-traumatic arthritis in the injured joint
A future joint replacement, and for younger people a later revision surgery
A limp, a leg-length difference, or lost strength or motion
To recover the cost of a surgery you have not had yet, a doctor, usually your treating surgeon, generally must testify that you will need it with a reasonable degree of medical certainty; "may need surgery someday" is not enough. Read how a future knee replacement is proved after a tibial plateau fracture. On request, you must disclose each expert witness you will call and the substance of the opinions before trial (CPLR 3101(d)(1)(i)).
How long do you have to sue for a broken bone in New York?
Most broken bone lawsuits must be filed within three years of the injury (CPLR 214(5)). Shorter deadlines apply in these cases:
Car crashes: the written no-fault application, generally within 30 days of the accident (11 NYCRR 65-1.1).
Claims against the City of New York or another city, county, town, village, fire district or school district, such as a fall on a City-maintained curb: a notice of claim within 90 days (General Municipal Law § 50-e) and a lawsuit within one year and 90 days (§ 50-i). Public authorities such as NYCHA and New York City Transit follow their own statutes. Learn what the notice of claim must say and when a late notice is allowed.
Negligence claims against the State of New York: within 90 days, file the claim in the Court of Claims and serve it on the Attorney General, or serve a notice of intention and then file and serve the claim within two years (Court of Claims Act § 10(3)).
Medical malpractice: generally two years and six months (CPLR 214-a). For a NYC Health + Hospitals facility, such as Bellevue or Kings County Hospital, a notice of claim is due within 90 days and suit within one year and 90 days (New York City Health and Hospitals Corporation Act § 20(2)).
There are exceptions, for example for children, and a missed deadline usually ends the claim.
How much is a broken bone settlement worth?
There is no honest average for a broken bone settlement, a broken leg lawsuit or a pelvic fracture case. Value depends on:
The bone and the fracture: a hip, pelvis, femur or joint-surface fracture usually matters more than a simple break
Treatment: surgery with plates, rods or screws, or a cast alone
Complications and future surgery your doctors can support
Lasting limits, your age and your work
Fault, including any share of your own
The insurance and assets available to pay. Minimum New York auto liability coverage is only $25,000 per person and $50,000 per accident (Vehicle and Traffic Law § 311(4)(a)).
A claim can cover past and future medical care, lost earnings and earning ability, and pain and suffering, including loss of enjoyment of life. A spouse may have a claim for loss of services. In a car crash, you cannot sue the driver for the basic economic loss that no-fault covers, up to $50,000 in bills and lost earnings (§ 5104(a)).
What to do after a fracture to protect your claim
Get medical care the same day and keep every follow-up visit.
Keep your imaging, records, bills, and work and wage records.
Photograph the scene and your injuries, and get witnesses' names.
Report the accident to the police, the property owner or your employer.
Do not give a recorded statement to the other side's insurer or sign a release before you talk to a lawyer.
Fees, and how to choose a broken bone injury lawyer
There is no fee unless money is recovered for you: one-third of the net recovery in most injury cases, and the § 474-a scale in medical malpractice. The fee and the handling of case expenses are set out in a written retainer agreement. The first consultation is free, in person, by phone or by video, and Reza Yassi can visit you at home or in the hospital when an injury makes travel hard.
Questions to ask a lawyer about a fracture case:
Who will handle my case day to day, and can I reach that person directly?
How will you prove future surgery and lasting limits, and work with my treating surgeon?
At Yassi Law P.C., you deal directly with Reza Yassi.
Guides on this topic
Why a future knee replacement recommendation matters after a tibial plateau fracture: how your orthopedist's records and testimony let a jury consider a joint replacement you have not had yet.
Treating surgeon testimony vs. the defense IME doctor: proving future surgery costs: how future surgery is proved and priced when the insurer's doctor says you have recovered.
New York notice of claim: how GML § 50-e can make or break your injury case: what a notice of claim must say, who must receive one and when a court may allow a late notice.
How comparative negligence affects your injury case: how your share of fault reduces a recovery and, in many vehicle cases filed since May 26, 2026, can bar it.
Frequently asked questions
Is a broken bone the same as a fracture?
Yes. Doctors use "fracture" for any broken bone, from a hairline crack to a bone broken into pieces. For a New York car-crash claim, any fracture caused by the crash counts as a serious injury (Insurance Law § 5102(d)).
What is the average settlement for a broken bone in a car accident?
There is no meaningful average. Value turns on the fracture, surgery, complications, lasting limits, fault and the insurance available.
Can I sue if I broke my ankle or leg in a fall?
Yes, if the property owner or another party failed to use reasonable care, for example by leaving a broken step in place, and that caused the fall. There is no serious-injury threshold in fall cases. If the City or another public body is responsible, a notice of claim is generally due within 90 days.
Do I need surgery to have a broken bone case?
No. In a car-crash case, a fracture qualifies as a serious injury without surgery. But surgery, hardware and future surgery usually make a case more valuable, and the firm focuses on fractures that need surgery or leave lasting harm.
I broke a bone at work. Is the workers' comp settlement all I can get?
Not always. Comp pays medical care and part of lost wages but nothing for pain and suffering. If someone other than your employer or a co-worker, such as a property owner or contractor, caused the accident, you can also sue that party (Workers' Compensation Law § 29).
My elderly parent broke a hip in a fall. Is there a case?
Possibly. It depends on why the fall happened, such as a defective stair or poor lighting, and who controlled the property. The firm also takes nursing-home fall fractures: a resident, or the resident's legal representative, can sue a nursing home for injury caused by depriving the resident of a right or benefit created by a contract, statute or regulation (Public Health Law § 2801-d), alongside any negligence claim. Under that law, the home is not liable if it proves it used all care reasonably necessary to prevent and limit the deprivation and injury.
If you or a family member suffered a serious broken bone in New York City, Nassau or Suffolk, call Reza Yassi at (646) 992-2138, email ry@yassilaw.com, or contact the office. The consultation is free.
