Long Island Broken Bone
Fracture Lawyer
In New York, a fracture from a car accident automatically satisfies the serious injury threshold under Insurance Law §5102(d) — no additional proof required. We handle every type of fracture claim from arm and wrist to spinal and hip. No fee unless we win.
Serving Long Island, Nassau County, Suffolk County & All of NYC
$100M+
Recovered
24+
Years Experience
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Quick Answer
Under New York Insurance Law §5102(d), any fracture from a car accident automatically qualifies as a serious injury — the most favorable threshold category in New York no-fault law. No additional proof of permanent limitation is required. Broken bone settlements on Long Island range from $75,000 for simple fractures to over $1,400,000 for surgically repaired femur, hip, or spinal fractures with permanent impairment. The statute of limitations is 3 years under CPLR §214. Government vehicle claims require a Notice of Claim within 90 days under GML §50-e.
Last updated: April 2026 · Every case is unique — these ranges reflect general Long Island outcomes and are not guarantees.
Fracture Cases We Handle
What Type of Fracture Was Your Injury?
Arm & Wrist Fractures
Leg & Femur Fractures
Rib Fractures
Hip & Pelvis Fractures
Spinal Fractures
Facial & Orbital Fractures
Proven Track Record
Broken Bone Results That Speak
A fracture meets the serious injury threshold automatically in New York. Our job is to document every dimension of your injury — surgery, permanence, future complications — to recover the full value of what you have lost.
$1.4M
Femur Fracture — Head-On Collision on Sunrise Highway
Driver crossed center line at highway speed; our client sustained a comminuted femur fracture requiring ORIF surgery with intramedullary nail and 14 months of rehabilitation — permanent hardware in place
$950K
Multiple Rib Fractures — T-Bone at Hempstead Intersection
Driver ran red light, striking our client's door; three rib fractures, hemothorax, and pulmonary contusion required ICU admission — full policy limits recovered plus umbrella coverage
$780K
Spinal Compression Fracture — Rear-End on Southern State Parkway
High-speed rear-end collision produced L1 compression fracture requiring vertebroplasty; our client sustained permanent limitation of lumbar range of motion and chronic pain
$550K
Hip Fracture — Side-Impact Door Intrusion, Nassau County
Door intrusion from T-bone crash fractured the acetabulum; orthopedic surgery and total hip replacement at age 54 — settlement reflected lifetime of complications and post-traumatic arthritis risk
$385K
Wrist and Clavicle Fractures — Rear-End on Route 110
Bracing-for-impact mechanism produced bilateral distal radius fractures and clavicle fracture; ORIF surgery on dominant wrist with plates and screws — Insurance Law §5102(d) fracture threshold easily satisfied
$220K
Ankle Fracture — Low-Speed Parking Lot Rear-End, Suffolk County
Foot braced on floorboard during impact caused trimalleolar ankle fracture requiring surgical fixation; six months non-weight-bearing, permanent limitation — fracture threshold met without additional threshold proof
Past results do not guarantee a similar outcome. Each case is unique.
Simple Process
Getting Started Takes 5 Minutes
Call or Click
Reach us 24/7 at (516) 750-0595 or fill out our online form. We respond within minutes.
Medical Documentation
We obtain all imaging, operative reports, and physician records documenting your fractures and obtain your treating orthopedist’s prognosis on permanence and future care needs.
Build the Liability Case
We gather the police report, EDR data, witness statements, and any applicable VTL violations to establish that the at-fault driver’s negligence caused your fractures.
We Fight. You Heal.
We handle the at-fault driver’s insurer, their defense team, and every adverse party. You focus on recovery. We don’t get paid until you do.
Why Tenenbaum Law for Fracture Claims
Built to Maximize Fracture and Broken Bone Claims
Fracture cases seem straightforward because the threshold is automatic under Insurance Law §5102(d) — but insurance companies fight hard on damages. Jason Tenenbaum has spent 24 years building the medical and legal record needed to document surgical fractures, hardware complications, post-traumatic arthritis risk, and lifetime care needs across Nassau and Suffolk County courts.
Automatic Threshold Under Insurance Law §5102(d)
Any fracture from a car accident satisfies the serious injury threshold as a matter of law. We document every fracture with imaging and physician records and prevent insurance companies from denying or minimizing the threshold finding.
Surgical Fracture Documentation — ORIF and Beyond
ORIF surgery, intramedullary nailing, external fixation, and spinal hardware significantly increase case value. We obtain all operative reports, implant records, hardware manufacturer documentation, and future surgery opinions from your treating orthopedic surgeon.
Future Damages — Post-Traumatic Arthritis and Complications
Fractures near joints carry a significant lifetime risk of post-traumatic arthritis, hardware failure, and malunion. We retain medical experts to quantify future treatment costs — joint replacement, hardware removal, physical therapy — and project lifetime economic impact.
Pre-Existing Condition Defense
Insurance companies routinely argue that fractures were pre-existing or that osteoporosis caused the break rather than the crash. We prepare comprehensive medical narratives with prior imaging comparisons that establish the traumatic mechanism and distinguish new injury from prior condition.
“I broke my femur in a crash on the Southern State and the other driver’s insurance offered me $45,000. Jason’s office got me $780,000. They documented everything — the surgery, the hardware, the lifetime risk of arthritis. I had no idea how much my case was actually worth until I called them.”
Diane R.
Femur Fracture — Southern State Parkway
Injury Mechanics
How Broken Bones Happen in Car Accidents
Car accident fractures result from the sudden, violent transfer of kinetic energy to the human body during a collision. When two vehicles collide, the occupants’ bodies continue moving at the pre-impact speed until restrained by a seatbelt, airbag, or the vehicle interior itself. The forces involved in even moderate-speed crashes far exceed the load-bearing capacity of many bones — producing fractures that range from simple breaks requiring casting to comminuted injuries demanding complex orthopedic surgery.
The specific mechanism depends on the crash type and the occupant’s position. In rear-end collisions — the most common crash type on Long Island roads — the victim’s body is driven forward and then snapped back; the wrists and arms are often fractured as the driver grips the steering wheel or braces on the dashboard, and spinal compression fractures occur from the axial load of the jolt. Our rear-end accident lawyers handle the full spectrum of fracture injuries from these collisions.
In head-on collisions, the compressive force along the vehicle’s axis drives the lower extremities into the dashboard and floor, producing femur (thighbone) fractures, tibia and fibula fractures, and ankle fractures. The steering wheel and airbag generate chest loading that fractures ribs and the clavicle. T-bone and side-impact crashes are particularly dangerous for hip and pelvis fractures: the door intrudes into the occupant space, applying direct lateral force to the hip joint and acetabulum. Rollover accidents produce complex multi-fracture patterns as the body impacts multiple surfaces at varying angles during repeated vehicle rotation.
High-speed crashes produce more severe fractures, but low-speed collisions should not be underestimated. Even a 25 mph rear-end impact can generate forces exceeding the fracture threshold for brittle bones — particularly in older adults or those with osteoporosis. Insurance companies argue that low property damage means low injury force, but this conflates vehicle stiffness with occupant biomechanics. Our firm uses accident reconstruction experts to quantify occupant forces independently of vehicle damage. See our car accident lawyer page for a comprehensive Long Island overview.
Types of Fractures in Car Accident Cases
Car accidents produce a wide spectrum of fractures depending on the crash mechanism and the bones involved. Arm and wrist fractures result from the bracing-for-impact mechanism — drivers and passengers extend their arms to brace on the steering wheel or dashboard, transmitting axial load up the forearm and exceeding the fracture threshold of the distal radius. ORIF with plates and screws is frequently required for displaced or intra-articular wrist fractures.
Femur fractures are among the most severe in car accident cases: the femur is the strongest bone in the body, and fracturing it requires enormous force. Head-on and rear-end collisions drive the knee into the dashboard, producing mid-shaft or distal femur fractures that universally require hospitalization and intramedullary nailing or ORIF. Rib fractures result from seatbelt loading, airbag compression, and steering wheel impact; multiple rib fractures can produce life-threatening flail chest, while single rib fractures cause debilitating pain and limited activity for weeks.
Hip and pelvis fractures typically result from door intrusion in T-bone crashes, with the lateral impact driving the femur into the acetabulum. Acetabular fractures frequently require total hip replacement and carry significant lifetime post-traumatic arthritis risk. Spinal fractures occur most often at the thoracolumbar junction (T11-L2): compression fractures from axial loading, burst fractures from extreme compression, and flexion-distraction fractures from lap belt mechanisms in rollovers. Spinal fractures may threaten the spinal cord and require immediate surgical evaluation. For a detailed discussion of spinal injury claims, see our back injury lawyer page.
Clavicle fractures result from seatbelt loading and airbag deployment; they commonly require surgical fixation and produce prolonged shoulder dysfunction. Facial and orbital fractures occur from direct impact with the steering wheel, airbag, or side window. Ankle fractures (trimalleolar, bimalleolar) result from braced-foot mechanisms or floorboard intrusion and frequently require ORIF with prolonged non-weight-bearing status.
Fracture Severity and Your Legal Claim
Not all fractures are equal in medical complexity or legal claim value. Simple (closed) fractures involve a clean break managed with casting or non-surgical reduction; recovery is typically 6 to 12 weeks. These meet the §5102(d) threshold but carry more modest damages. Compound (open) fractures involve bone penetrating the skin and require emergency surgical washout, fixation, and IV antibiotic therapy — dramatically increasing both treatment costs and damages for pain, suffering, and infection risk.
Comminuted fractures are shattered into three or more fragments and almost always require ORIF with plates, screws, rods, or intramedullary nails. Recovery runs 12 to 24 months, and the risk of post-traumatic arthritis, hardware failure, and malunion is elevated. Growth plate (Salter-Harris) fractures in children can disrupt bone development, producing limb length discrepancy or angular deformity requiring long-term monitoring. ORIF surgery produces detailed operative reports — implant records, fracture pattern documentation, surgical complications — that our firm uses to quantify damages and document future hardware removal costs.
| Fracture Type | Settlement Range | Key Factors |
|---|---|---|
| Simple, non-surgical fracture | $75,000 – $225,000 | Full recovery, liability strength, lost wages |
| Surgical fracture (ORIF), permanent hardware | $225,000 – $750,000 | Surgery complexity, permanent limitation, occupation |
| Spinal, hip, femur fracture with disability | $500,000 – $2,000,000+ | Permanent impairment, future surgery, arthritis risk |
Every case is unique. These ranges reflect general Long Island case outcomes and are not guarantees of results.
New York’s Serious Injury Threshold and Fractures
New York is a no-fault state: victims first seek PIP benefits from their own insurer for medical expenses and lost wages. To pursue a pain and suffering lawsuit against the at-fault driver, the victim must prove a “serious injury” under Insurance Law §5102(d).
The statute’s serious injury categories include several that require proof of permanence or significant limitation — but “fracture” is not one of them. It is objective and automatic: a fracture documented by imaging (X-ray, CT scan) and confirmed by a treating physician satisfies the threshold as a matter of law, with no proof of permanence, significant limitation, or 90-day disability required. A wrist fracture that heals completely in 8 weeks still satisfies §5102(d). Insurance companies cannot defeat the threshold by arguing the fracture healed well — once the fracture is documented, the threshold is met. For a complete car accident overview including all threshold categories, see our Long Island car accident lawyer page.
Key Legal Point: Fracture = Automatic Serious Injury
Under Insurance Law §5102(d), “fracture” is an enumerated serious injury category. Any documented bone fracture from a motor vehicle accident satisfies the New York no-fault serious injury threshold as a matter of law — no permanence proof required. This means fracture victims can pursue full pain and suffering damages against the at-fault driver without satisfying any of the other, harder-to-prove threshold categories. Contact our Long Island car accident attorneys to evaluate your fracture claim today.
What Damages Can Fracture Victims Recover?
Economic damages include all measurable financial losses: ER care, hospitalization, orthopedic surgery and anesthesia, post-surgical imaging, physical therapy, medical devices, future hardware removal or joint replacement surgery, future physical therapy, and lost wages. Reduced earning capacity matters significantly for manual laborers, construction workers, and athletes whose fractures impose permanent occupational restrictions.
Non-economic damages cover pain and suffering, loss of enjoyment of life, emotional distress, and permanent impairment. New York does not cap non-economic damages. Future medical expenses are critical: post-traumatic arthritis from intra-articular fractures, hardware complications (plate loosening, screw breakage), and malunion may require joint replacement or corrective surgery decades after the original injury. Our firm retains orthopedic experts to project lifetime complication costs and build the complete damages record needed to maximize recovery. Under CPLR §1411, comparative fault reduces but does not eliminate recovery — see our car accident lawyer page for a full discussion.
Proving Fault and Comparative Negligence
While the fracture threshold is often straightforward once medical records are in hand, insurance companies fight damages hard when threshold is conceded. Building a strong liability record is foundational to maximizing recovery. Key evidence includes: the police MV-104 accident report identifying contributing factors and VTL violations; VTL violations establishing negligence per se, including VTL §1180 (speeding), VTL §1141 (failure to yield), and VTL §1163 (improper turn); EDR/black box data recording pre-crash speed and brake application; and witness statements and accident reconstruction for disputed liability.
Under CPLR §1411, recovery is reduced but not eliminated by your own contributory negligence. Even if you were speeding or inattentive, you can still recover a proportionate share of your damages. VTL §1229-c permits defendants to raise seatbelt non-use to mitigate damages; our firm addresses this proactively with biomechanical expert analysis. The defense will attempt to inflate your fault allocation — our firm builds the evidence record to accurately and favorably represent fault.
Statute of Limitations for Broken Bone Car Accident Claims
Under CPLR §214, personal injury claims for broken bones must be filed within three years of the accident. A lawsuit filed one day late is permanently barred. Do not rely on this window as an excuse for delay — EDR data may be overwritten in vehicle repairs, witnesses’ memories fade, and medical records from smaller facilities are sometimes unavailable years after treatment.
Government vehicle claims carry a critical 90-day deadline: if the at-fault vehicle was owned or operated by a municipal, county, or state government entity, you must file a Notice of Claim under General Municipal Law §50-e within 90 days of the accident. Missing this deadline permanently bars the claim. Contact our Long Island car accident attorneys immediately to identify all applicable deadlines and preserve your rights.
Statute of Limitations: Do Not Wait
Personal injury from a car accident: 3 years under CPLR §214. Government entity claims: Notice of Claim within 90 days under GML §50-e. Wrongful death: 2 years under EPTL §5-4.1. Contact an attorney immediately after a fracture injury from a car accident to identify and protect all applicable deadlines. Cases are litigated in Nassau County Supreme Court in Mineola and Suffolk County Supreme Court in Riverhead or Central Islip.
Related practice areas: Car Accident Lawyer • Back Injury Lawyer • Rear-End Accident Lawyer • Catastrophic Injury • Personal Injury
Legal Framework
New York Fracture Law on Your Side
Insurance Law §5102(d) — Fracture Threshold
“Fracture” is an enumerated category in the serious injury definition. Any documented bone fracture from a motor vehicle accident automatically satisfies this threshold as a matter of law — no permanence or limitation proof required. This is the most objective and favorable serious injury category in New York no-fault law, and it applies to fractures of any bone, from a single rib to a vertebra or femur.
VTL §1180 — Speeding Negligence Per Se
When a driver violates VTL §1180 by exceeding the posted speed limit and causes a crash that produces fractures, the speed violation constitutes negligence per se — the statutory breach is itself evidence of negligence in the civil lawsuit. This eliminates the need to prove the driver acted unreasonably; the VTL violation does that work. Speed data from EDR records and accident reconstruction is used to establish the violation.
VTL §1141 & §1163 — Failure to Yield and Improper Turn
Left-turn crashes are among the most common fracture-producing collisions. VTL §1141 requires drivers to yield the right of way before turning left. VTL §1163 prohibits improper turns. Violation of either statute in a crash that produces fractures establishes negligence per se and supports a strong liability argument in settlement negotiations and at trial.
CPLR §1411 — Comparative Negligence
New York follows pure comparative negligence: your recovery is reduced by your percentage of fault, but you are not barred even if you contributed to the crash. A fracture victim who was 30% at fault and has $500,000 in damages recovers $350,000. Insurance companies routinely attempt to inflate your fault allocation — our firm builds the evidence record to accurately reflect fault and maximize your net recovery.
CPLR §214 — Statute of Limitations
Personal injury lawsuits for fractures from car accidents must be filed within 3 years of the accident date. Wrongful death: 2 years under EPTL §5-4.1. Government entity claims: Notice of Claim within 90 days under GML §50-e. These deadlines are absolute — contact an attorney immediately to identify all applicable deadlines and preserve your rights.
GML §50-e — Notice of Claim (Government Vehicles)
If the at-fault vehicle was owned or operated by a municipal, county, or state government entity, a Notice of Claim must be filed within 90 days of the accident. This deadline is one of the shortest and most unforgiving in New York civil litigation. Missing the 90-day window permanently bars the claim regardless of how serious the fracture injuries are. We identify government entity involvement immediately upon retention.
Broken Bone Accident Questions
Answers You Need Right Now
Does a broken bone from a car accident automatically qualify as a serious injury in New York?
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Can I recover damages if I broke a bone in a minor fender-bender?
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What if I had a pre-existing fracture that was worsened in the accident?
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Locations
Broken bone fracture lawyers serving Long Island & NYC
Fracture cases are litigated in Nassau and Suffolk County Supreme Courts. Use your area page for local context — this page is the primary guide for broken bone and fracture injury claims across Nassau, Suffolk, and the boroughs.
Reviewed & Verified By
Jason Tenenbaum, Esq.
Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.
Your Fracture Automatically Meets the Threshold — Act Now
A Broken Bone Means You Can Sue. Let’s Get You What You Deserve.
Under New York law, your fracture already satisfies the serious injury threshold. The question is the value of your claim — and insurance companies will fight to minimize it. Call us today. No fee unless we win.
No fee unless we win. Available 24/7. Hablamos Español.