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How to Sue for a Broken Bone after a Car Accident in Brooklyn

New York is a “no-fault” auto insurance state. This means that the law limits when you can file many car accident lawsuits. However, broken bones can be serious injuries that might qualify for a lawsuit. Whenever you suffer injuries in a car accident, talk to an attorney about your case.

The Brooklyn car accident injury lawyers at Sullivan and Galleshaw help injured car accident victims get compensation for their injuries. If you or a loved one broke a bone in a car accident, or suffered any other injuries, talk to an attorney. You might be entitled to file a lawsuit for your injuries, where you could recover compensation for medical expenses, lost wages, and pain and suffering.

Car Accident Bone Fractures

No matter what you call them, fractures, broken bones, and cracked bones are medically the same thing. Any time that the bone breaks into two or more pieces, it can take medical intervention and a long time to make sure the bone heals properly.

Broken bones come in many types, classified by certain features of the injury. If the bone is broken, but aligned, it is often called a “simple” or “stable” fracture. These may only require casting or an immobilizer, ice, and time to heal. More severe breaks may be out of alignment and require the bones to be “set.” This could require imaging like X-Rays to make sure the bones get realigned. It could also require implants like screws, rods, or braces to hold the bones in place while healing.

Brooklyn Car Accident Lawyers

More severe breaks require further medical intervention. “Comminuted” fractures occur when the bone breaks into three or more pieces. Many times, the bone may even shatter. This often requires surgery to realign the pieces of bone, repair internal damage, and install implants to keep the bones in place and improve their strength. “Open” and “compound” fractures are also incredibly severe. These occur when the skin is raised out of place by the broken bone or when broken bones puncture the skin. These usually require surgery to reset the bone, install implants, and repair damage to the muscles, tissue, and skin around the break. These often cannot be casted without letting the skin and muscle heal first.

Broken bones in certain areas of your body may be more severe than broken arms or legs. Skull fractures can involve traumatic brain injuries or leave your brain at risk for further injury or infection. Fractures in the bones of your back and spine can cause spinal cord injuries and paralysis. Especially for older adults, a fractured pelvis or joint can be a debilitating injury.

Suing for Broken Bones in Car Accidents

Because of New York’s “no-fault” car accident rules, suing for car accident injuries is not always an option. In New York, car insurance policies must have at least $50,000 that will cover your injuries regardless of who caused the accident. However, if your injuries are worth more than $50,000 or qualify as “severe injuries,” you might be entitled to sue in court.

Broken bones may qualify as severe injury. In the case of skull fractures, fractured vertebra, fractured joints, or open fractures, the injuries can be quite severe. This may entitle you to file a lawsuit, where you could recover substantial compensation for your injuries.

A lawsuit may entitle you to more types of damages than auto insurance. While auto insurance usually pays for medical expenses, up to policy limits, it may not cover lost wages or pain and suffering. If you have been out of work because of your broken bone, you might be missing wages. Additional rehab and recovery time could keep you out of work for a long time, especially if you have a physically demanding job. A lawsuit might entitle you to compensation for these wages.

New York City Personal Injury Lawyers

In any personal injury lawsuit, you might be entitled to compensation for your pain and suffering. These damages compensate you directly for the physical pain and the mental suffering on top of the damages for your medical bills. Because these damages can be the highest part of a court case, it is important to talk to an attorney about your injuries.

Accepting an insurance settlement may block you from taking your case to court. It is always important to talk to an attorney to understand what your case may be worth before accepting anything from the other driver or an insurance company. As accepting a settlement from insurance could disqualify your lawsuit, talk to an attorney about your case right away.

Brooklyn Car Accident Lawyers

The New York City personal injury attorneys at Sullivan and Galleshaw fight for injured car accident victims in Brooklyn and throughout the city. If you or a loved one was injured in a car crash, talk to our attorneys today. Because your case might be limited by harsh deadlines, call today to schedule a free consultation at (718) 747-9706.


Over our many years practicing personal injury law, our highly experienced legal team has earned a reputation for excellence. Our attorneys have appeared on major media outlets such as Fox News and MSNBC . Our firm’s legal accomplishments have been profiled by the New York Law Journal, the Los Angeles Times, ESPN, and the Associated Press. We have won multiple verdicts in excess of $1 million, making us proud members of the Million Dollar Advocates Forum, a prestigious organization which admits fewer than 1% of all attorneys in the United States. We were named Super Lawyers in 2011, and enjoy a perfect 10/10 Superb rating on national attorney database Avvo.

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