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Can I Sue if My Broken Bones Need Surgery After a Car Accident?

broken bones from car accident

Yes, you may bring a personal injury lawsuit if another party’s negligence caused your broken bones. New York’s no-fault insurance system requires you to first rely on personal injury protection (PIP) insurance after an accident. In many cases, PIP insurance will cover medical care for minor injuries and certain limited lost wages. However, if you suffered a qualifying “serious injury” as defined by New York’s Serious Injury Threshold—which includes broken bones—you may pursue a lawsuit for the car accident.

Explore your legal options and consider speaking with one of Lever & Ecker’s experienced New York car accident lawyers.

What Are Common Types of Broken Bones From Car Accidents?

Car accidents can lead to different types of broken bones and fractures. Depending on the severity of the crash, individuals may suffer multiple fractures and more than one type. Common types of fractures that occur during car accidents include the following:

  • Arm and wrist fractures: Often caused by bracing for impact and airbag deployment.
  • Leg and ankle fractures: May occur during frontal or side-impact collisions.
  • Ribs and collarbone fractures: Frequently the result of seatbelt compression, steering wheel impact, or airbag deployment.
  • Facial fractures: Often occur when the face strikes an object inside the vehicle, such as the steering wheel, or when the airbag is deployed.
  • Spine or hip fractures: More common in rollover and high-speed accidents.

Who Could Be Liable for Your Medical Expenses From Broken Bones?

In New York, various individuals may share responsibility for a car accident, extending beyond just the at-fault driver. Here are some potential parties who may be held liable in a car accident:

  • Negligent drivers: May be liable if speeding, distracted driving, intoxication, or other negligent actions contributed to the accident.
  • Employers: May be liable if a commercial driver caused or contributed to the crash.
  • Auto or parts manufacturers: May be liable if a defective vehicle or part contributed to the accident.
  • Government entities: May be liable if unsafe roads or poor maintenance played a role in the accident.

Even if you share fault for an accident, it is still possible for you to seek compensation under New York’s pure comparative negligence law. However, the damages you can recover will be reduced in proportion to your share of the fault. Our lawyers will investigate all potential sources of compensation to maximize your recovery and, if necessary, minimize any percentage of fault assigned to you.

What Compensation Can You Recover in a Lawsuit After Breaking Bones in a Car Accident?

If you meet the serious injury threshold in New York, you may pursue compensation for your injuries and other damages, including:

  • Pain and suffering (past and future), including the impact of surgeries, ongoing symptoms, and limitations on daily life
  • Emotional distress and loss of enjoyment of life
  • Medical expenses (hospitalization, surgery, imaging, orthopedics, therapy, medications) and future care needs
  • Lost income and reduced earning capacity

The compensation awarded after a car accident is influenced by the severity of your injuries and how those injuries impact your life, such as the length of recovery, permanent impairment, and how your injuries affect your work and daily activities.

It is crucial to take action quickly when pursuing compensation for your injuries and other damages. The New York statute of limitations for car accidents typically gives three years from the date of the injury to file a claim. However, the deadline may be shorter in certain cases, such as those involving municipalities or the State of New York. Certain public-entity claims require a Notice of Claim within 90 days.

Our experienced attorneys will identify the correct deadlines for your situation and ensure your lawsuit is filed on time.

Injured in a Car Accident? Contact Our Team Today

How Can You Prove Your Broken Bones Were Caused by the Car Accident?

Strong evidence is essential for proving that you sustained injuries and that the car crash caused these injuries. Key types of evidence include:

  • Medical records, such as medical bills, X-rays, emergency room reports, and orthopedic notes
  • Police accident reports and witness statements
  • Photos of the accident scene and visible injuries
  • Expert testimony linking the fractures to the collision

Seeking immediate medical attention is vital for addressing injuries and preventing complications. Similarly, timely legal assistance ensures the collection of essential evidence, empowering you to build a robust case with confidence.

Contact Lever & Ecker for a Free Consultation After Breaking Bones in a Car Accident

If you or a family member experienced a severe broken bone as a result of a car accident in New York, contact Lever & Ecker to learn more about your legal options. Our award-winning New York personal injury lawyers take a hands-on approach to every client’s matter, guiding them through each step of the legal process. We provide our clients with top-tier legal representation and an open line of communication throughout their cases, using our experience and extensive resources to protect their legal rights.

Contact us online or call one of our three office locations today for a free case evaluation:

White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337

No Fees Unless We Win

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