The screech of tires, the impact, the sudden shift in reality. A car crash can shatter more than just metal. If you’re now facing the painful reality of broken bones after a car accident in New York, you’re likely grappling with a cascade of challenges, including a complex legal landscape. Understanding your rights isn’t just about assigning blame; it’s about securing the resources necessary for your recovery and future well-being. If this is your reality, you’re likely asking critical questions about compensation and legal recourse. Stay with us as we navigate the intricacies of New York law and how it applies to your situation.
Understanding the Severity of Fracture Injuries
Fractures are among the most common car accident injuries, and some of the most costly. Whether you broke a wrist trying to brace yourself, a femur in a high-speed collision, or multiple ribs from seatbelt force, the road to recovery can be long and painful. Some breaks heal in weeks. Others require surgery, physical therapy, or even long-term disability accommodations.
New York’s no-fault insurance system initially covers basic medical expenses. But serious injuries, like most broken bones, qualify victims to step outside of no-fault and file a personal injury lawsuit against the at-fault driver. This is where pursuing a fracture injury claim becomes crucial.
What Affects Your Broken Bone Car Accident Settlement?
No two cases are the same, and the value of a broken bone car accident settlement depends on several key factors. These include the severity of the injury, the recovery time, the ability to work, and the overall impact on your daily life. Here are some of the most common elements that influence a fracture-related car accident settlement:
- Severity of the injury—clean breaks may heal quickly, while compound or comminuted fractures often require surgery and lengthy rehabilitation;
- Location of the fracture—spinal, pelvic, or skull fractures typically result in higher settlements due to greater risk and disability;
- Permanent damage or complications—chronic pain, nerve damage, or loss of mobility can significantly increase the claim value;
- Medical treatment required—hospital stays, surgery, follow-up care, and physical therapy all add to the overall cost of treatment;
- Time off work—lost wages, reduced earning capacity, and job loss are all factors in calculating damages; and
- Pain and suffering—New York allows victims to recover for emotional distress, physical pain, and loss of enjoyment of life.
Depending on these factors, the average settlement for broken bones in car accident cases can vary widely, from thousands to several hundred thousand dollars. There is no one-size-fits-all formula, but having a knowledgeable attorney who can calculate full damages is key.
Can You Sue for Broken Bones After a Car Accident Under New York Law?
Yes, you can, but only under specific conditions. New York’s no-fault insurance system automatically covers up to $50,000 in economic losses for drivers, passengers, and pedestrians injured in a motor vehicle accident, regardless of fault. Coverage includes medical treatment, lost wages, and other necessary out-of-pocket costs. However, this system also limits your right to sue unless two conditions are met:
- Your economic losses exceed the $50,000 no-fault cap; or
- You sustained a “serious injury,” such as a fracture.
A broken bone qualifies as a serious injury, which means you can pursue a personal injury lawsuit against the at-fault driver. Doing so opens the door to recovering additional economic losses beyond no-fault, as well as noneconomic damages like:
- Full medical expenses not covered by PIP;
- Lost wages and diminished future earning capacity;
- Pain and suffering; and
- Emotional distress, loss of enjoyment of life, and long-term lifestyle changes.
Pursuing a fracture injury claim allows you to seek compensation that truly reflects the impact of the injury on your life, now and into the future.
What Is the Process for Recovering Compensation?
Pursuing compensation for broken bones after a car accident involves several key steps. Knowing what to expect can help you prepare and protect your rights:
- Get immediate medical care. Even if your fracture seems minor, always seek treatment to create a clear record of your injuries and establish causation.
- File a no-fault claim. In New York, you must file with your insurer within 30 days of the crash to receive initial benefits, including medical bills and limited lost wages.
- Consult a personal injury lawyer. If your injuries are severe, such as a fracture, an attorney can help you pursue damages beyond no-fault.
- Gather information. Accident reports, medical records, imaging results (like X-rays), witness statements, and proof of lost income will also be essential to making a strong claim.
- File a third-party claim or lawsuit. Your lawyer will send a demand letter to the at-fault party’s insurer and, if necessary, file a lawsuit.
- Negotiate or litigate. Many claims settle out of court. Your lawyer may take the case to trial if the insurance company does not offer fair compensation.
Each step builds the foundation of your broken bone car accident settlement, so working with the right legal team makes all the difference.
How Long Do You Have to File a Claim?
In New York, the general statute of limitations for a personal injury lawsuit is three years from the accident date. However, there are exceptions. If the at-fault party is a government agency, you may need to file a Notice of Claim within 90 days under the General Municipal Law. Missing a deadline can bar your claim altogether.
Additional rules may apply if you are filing on behalf of a child or an incapacitated person. It is critical to speak with a lawyer as early as possible.
Average Settlement for a Broken Bone in a Car Accident
Many injured New Yorkers search for the average settlement for a car accident claim, hoping for a simple number. Unfortunately, no public database provides a reliable average because these settlements are typically private and shaped by unique, personal variables.
Instead of focusing on a “standard” payout, thinking about categories or settlement ranges is more helpful. For example, a non-displaced finger fracture treated without surgery may resolve for far less than a multi-fracture leg injury requiring pins, plates, and long-term therapy. Yet both are legally classified as fractures, opening the door to compensation beyond no-fault coverage.
Attorneys and insurers use a combination of case law, medical documentation, and expert assessments to project an appropriate settlement value. These projections are not based on averages but on comparable case outcomes, actual financial losses, and a detailed understanding of how the injury will affect the rest of your life.
If you have been injured, the best way to understand what your case may be worth is to consult with a personal injury attorney who can evaluate the facts of your case and not rely on general estimates that may not apply to your situation.
Why Choose Greenspan & Greenspan Injury Lawyers?
At Greenspan & Greenspan Injury Lawyers, P.C., we have been helping injured New Yorkers since 1959. With a team that includes bilingual staff, we make legal representation accessible to Spanish-speaking clients and families across Westchester and Rockland Counties.
What sets us apart is our legacy of service, our local knowledge, and our results. We pride ourselves on offering compassionate, responsive representation tailored to your needs, whether you are injured or helping a loved one navigate the aftermath.
Contact Us Today
If you or someone you care about suffered broken bones after a car accident, do not try to figure it out alone. Reach out to Greenspan & Greenspan Injury Lawyers, P.C., today for help evaluating your claim and determining what your settlement might be worth. We offer free consultations and take cases on contingency, meaning you do not pay unless we win.
Let our firm’s 65 years of legal knowledge work for you. Contact us today to get started.
