Brooklyn Broken Bone Lawyer

Fractures are among the most physically devastating and financially disruptive injuries a person can suffer. A broken bone is not simply a temporary inconvenience. Depending on the location and severity of the break, recovery can stretch across months, require surgery and hardware implantation, lead to permanent nerve damage, and prevent someone from returning to their job, their daily routines, or the physical activities that defined their life before the accident. When that fracture was caused by someone else’s negligence, a Brooklyn broken bone lawyer can pursue the full measure of compensation the law makes available.

Brooklyn generates no shortage of fracture cases. The borough’s dense pedestrian traffic, aging building stock, active construction industry, and heavily used road network all contribute to the types of accidents that send people to Brookdale University Hospital, NYU Langone Brooklyn, or Kings County Hospital with broken arms, broken legs, fractured vertebrae, and shattered wrists. Falls on icy or uneven sidewalks, collisions at intersections along Flatbush Avenue or Atlantic Avenue, construction accidents in the rapidly developing neighborhoods of Greenpoint and Industry City, and transit incidents on the subway or city buses are all common sources of serious fractures in this borough.

What distinguishes a fracture claim from a soft tissue case is also what makes it harder to minimize. Broken bones produce objective medical evidence. X-rays, CT scans, surgical reports, and discharge records create a documented record of injury that cannot easily be dismissed as exaggerated. An attorney who knows how to build around that medical record, who understands how to connect the fracture to lost income, future medical costs, and diminished quality of life, gives a client a fundamentally different starting position than someone navigating the claim alone.

Fracture Types That Commonly Generate Personal Injury Claims in Brooklyn

• Wrist and Forearm Fractures: These are among the most common fractures from slip and fall accidents, as people instinctively extend their arms to break a fall. Property owners along commercial strips like Fulton Street and residential landlords citywide can be held liable when defective floors, broken steps, or icy walkways cause these falls.
• Femur and Hip Fractures: Often seen in elderly pedestrians struck by vehicles or in serious fall accidents, femur and hip fractures frequently require surgical repair, extended rehabilitation, and can carry life-altering complications. Liability may rest with drivers, property owners, or both.
• Spinal Compression Fractures: High-impact accidents including car collisions, construction falls, and truck accidents can fracture vertebrae. Spinal fractures can cause radiating pain, limited mobility, and in serious cases, permanent neurological consequences that affect every aspect of a person’s functioning.
• Ankle and Foot Fractures: Uneven pavement, broken curbing, and hazardous conditions on New York City sidewalks are notorious causes of ankle fractures. The New York City Department of Transportation and individual property owners each carry distinct responsibilities under New York law depending on where and how the injury occurred.
• Rib Fractures: Common in vehicle accidents and workplace incidents, rib fractures can interfere with breathing, cause internal injury, and sideline workers in physically demanding industries for extended periods. Brooklyn’s port facilities, construction sites, and warehousing operations generate a significant share of these injuries.
• Skull and Facial Fractures: These serious fractures result from falls from heights, violent impacts in car crashes, and construction accidents. Liability in these cases often involves multiple parties, including contractors, subcontractors, equipment manufacturers, and vehicle operators.
• Clavicle and Shoulder Fractures: Bicycle accidents are a growing source of clavicle fractures as more Brooklynites commute by bike in corridors that were not designed with cyclists in mind. A broken collarbone from a dooring accident or a collision with an inattentive driver can mean weeks in a sling and months of physical therapy.

Why Mark David Shirian P.C. Handles Brooklyn Fracture Cases Differently

Mark David Shirian P.C. was founded with one stated purpose: to help people who have been wronged. That orientation matters in a broken bone case, because the opposition almost always includes an insurance carrier whose incentive is to pay as little as possible, as quickly as possible, before the full scope of the injury is understood. The firm has recovered millions of dollars on behalf of clients across New York City and New York State, building a track record grounded in careful case preparation and a refusal to accept inadequate settlement offers.

Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian approach each case by first taking the time to understand what a client actually needs, not just what happened to them, but what the injury has cost them and what it will continue to cost them. That includes medical expenses already incurred, anticipated future surgeries or therapy, lost wages, and the real-world impact on daily life. Clients have described the firm’s approach as compassionate and communicative, with close attention to details that would otherwise be overlooked. For someone dealing with a fracture that has upended their finances and their physical independence, that kind of attention is not incidental. It is how a case gets built correctly from the start.

What to Do After a Broken Bone Accident in Brooklyn

The period immediately following a fracture accident matters more than most people realize. Decisions made in the days and weeks after an injury can affect the strength of a claim in ways that are difficult to reverse later.

The first priority is medical treatment, and that means more than the emergency room visit. After initial stabilization, follow through with every recommended specialist appointment, imaging study, physical therapy session, and surgical consultation. Gaps in treatment are one of the most common tools insurance adjusters use to argue that an injury was not serious or that a claimant contributed to their own prolonged recovery by failing to follow medical advice.

Document the accident scene if you are physically able to do so. Photographs of the hazard, the surface conditions, the location, and any visible signage or lack thereof are far more useful than a description from memory. If witnesses were present, collect names and contact information. Accident conditions change: ice melts, broken pavement gets repaired, construction sites get reorganized. The evidence that exists on the day of the accident may not exist a week later.

Report the incident to the appropriate party immediately. If you were injured on a city sidewalk or in a public facility, there are specific notice requirements that govern claims against New York City government entities, and missing those deadlines can forfeit a claim entirely regardless of how serious the injury is. If the accident occurred on private property, notify the property owner or manager in writing and retain a copy. If a vehicle was involved, a police report from the NYPD should be obtained.

For fracture claims in Brooklyn, cases are typically handled in Kings County Supreme Court, located at 360 Adams Street in Downtown Brooklyn. Personal injury claims against New York City or city agencies require a Notice of Claim to be filed within 90 days of the incident, a deadline that is strictly enforced. The general statute of limitations for personal injury claims in New York is three years from the date of the accident, but that longer window should never be treated as an invitation to delay, because evidence degrades and witnesses become harder to locate.

One of the most significant mistakes people make after a fracture accident is communicating directly with the at-fault party’s insurance company before speaking with an attorney. Insurance adjusters may contact you quickly, sometimes within days of an accident. Their questions are designed to produce statements that can limit or eliminate your recovery. Broken bones can require additional surgeries months after the initial injury, and settling early, before the full cost of recovery is known, can leave a person responsible for expenses that should have been covered by the person who caused the accident.

How Fracture Severity Shapes What a Case Is Worth

Not all broken bones generate the same legal claim, and the difference is not simply about which bone was fractured. Courts and insurance carriers evaluate fracture injuries based on how the break was classified, what treatment it required, and what lasting effects it produced.

A displaced fracture, where the bone separates and misaligns, almost always requires surgical intervention. Open fractures, where bone penetrates the skin, carry infection risks that can lead to extended hospitalization and, in some cases, amputation. Comminuted fractures, where the bone shatters into multiple fragments, often require plates, screws, or rods that remain in the body permanently and can cause ongoing discomfort, range of motion limitations, and post-traumatic arthritis.

New York’s serious injury threshold applies to motor vehicle accident claims specifically. To pursue non-economic damages like pain and suffering in a car accident case, the fracture must satisfy the statutory definition of a serious injury. An actual bone fracture generally satisfies this requirement, which is one reason fracture cases in vehicle accidents tend to proceed differently than soft tissue cases, but the specific facts and medical documentation still need to be handled precisely.

Damages available in a Brooklyn fracture case typically include medical bills, projected future medical expenses, lost wages from time missed at work, diminished earning capacity if the injury limits the kind of work a person can do going forward, and compensation for physical pain, emotional distress, and the loss of activities that were part of everyday life before the accident. Each of these categories requires documentation and, where future costs are involved, often expert support to establish the full value.

Common Questions About Broken Bone Claims in Brooklyn

How long does a broken bone injury claim typically take to resolve in New York?

The timeline varies considerably depending on the severity of the fracture, whether the injury required surgery, and how long treatment continues. Cases that settle before litigation can sometimes resolve within several months. Cases that proceed to trial in Kings County Supreme Court may take two years or more. The complexity of the liability question, the number of defendants, and whether any government entities are involved also affect the timeline.

Can I file a claim if I slipped on a New York City sidewalk and broke my wrist?

Yes, but these claims require careful attention to notice and filing requirements. Claims against New York City must be preceded by a Notice of Claim filed within 90 days of the incident. Additionally, liability for sidewalk conditions in New York City often falls on the abutting property owner rather than the city itself, depending on the type of property and the nature of the defect. Identifying the correct responsible party from the beginning is important.

What if I was partially at fault for the accident that broke my bone?

New York follows a pure comparative negligence rule. A claimant who is partially at fault for an accident can still recover damages, but the recovery is reduced in proportion to their share of fault. For example, if a court finds that you were 20 percent at fault and the total damages are $100,000, you would recover $80,000. This is different from states that bar recovery entirely once a plaintiff reaches a certain fault threshold.

My employer’s workers’ compensation covers my fracture, but a subcontractor caused the accident. Can I also sue that subcontractor?

Potentially, yes. In New York, the workers’ compensation system generally limits your ability to sue your direct employer. However, if a third party, such as a subcontractor, another employer on the same worksite, or an equipment manufacturer, caused or contributed to your injury, a separate third-party personal injury claim may be available alongside the workers’ compensation claim. Construction sites in Brooklyn frequently involve multiple employers and contractors, making third-party claims a realistic avenue in many fracture cases.

Will health insurance pay for my fracture treatment while a personal injury claim is pending?

Health insurance typically does pay for treatment, though the insurer may have a right of subrogation, meaning they may seek reimbursement from any personal injury recovery you obtain. If you were injured in a car accident, your own auto insurance may provide no-fault medical coverage under New York’s no-fault law, which can cover initial medical expenses regardless of who was at fault. Coordinating between these sources of coverage is something your attorney should address early in the representation.

Does having a pre-existing bone condition affect my claim?

A pre-existing condition, such as osteoporosis or a prior fracture in the same area, does not eliminate a claim. Under the eggshell plaintiff doctrine in New York, a defendant takes a plaintiff as they find them. If the defendant’s negligence aggravated a pre-existing condition or caused a fracture that would not have occurred to someone in better health, the defendant remains liable for the harm they caused. Medical records and expert testimony are typically used to distinguish the pre-existing condition from the new injury.

Can I make a claim for a broken bone my child suffered?

Yes. A parent or guardian can bring a personal injury claim on behalf of a minor child. The statute of limitations for a child’s injury claim is tolled, meaning paused, until the child turns 18 in most circumstances. However, claims involving city agencies still carry the 90-day Notice of Claim requirement regardless of the claimant’s age, making prompt legal consultation important even when the injured person is a minor.

What documentation is most valuable in a broken bone personal injury claim?

The most useful documentation includes all medical records from the day of the accident forward, including emergency room records, surgical reports, imaging studies, and physical therapy notes. Photographs of the accident scene and the injury itself, wage records demonstrating lost income, and any written communications with property owners, employers, or insurance companies are also important. If you required assistance from family members during recovery, a log of that assistance and its cost can support a claim for home care expenses.

What is the difference between a simple fracture and a compound fracture in terms of legal value?

From a medical standpoint, a compound or open fracture involves bone breaking through the skin, which creates infection risk and typically requires more extensive surgical intervention and longer recovery. In legal terms, greater severity of injury generally translates to higher damages, both because medical costs are greater and because the pain, limitation, and disruption to daily life are more significant. That said, even a simple fracture that causes chronic pain or limits a person’s ability to work or engage in activities they previously enjoyed can support a meaningful damages claim.

Is it worth hiring an attorney for a broken bone claim, or can I handle it myself?

Insurance companies are sophisticated negotiators with internal guidelines designed to minimize payouts. A claimant handling their own broken bone claim without legal representation is negotiating without knowledge of what comparable cases have produced, without the ability to credibly threaten litigation, and without the expertise to identify all available sources of compensation. Attorneys who handle these cases on contingency, meaning no fee unless there is a recovery, give claimants access to that expertise without any upfront cost. The data consistently shows that represented claimants recover more on average than those who negotiate directly with insurers.

Representing Broken Bone Accident Victims Throughout Brooklyn and the Surrounding Area

Mark David Shirian P.C. represents clients who have suffered fractures and broken bones in accidents throughout Brooklyn’s diverse neighborhoods and beyond. From Flatbush and Canarsie in the southeast to Williamsburg and Greenpoint along the waterfront, from Bay Ridge and Sunset Park on the western edge of the borough through Crown Heights, Bed-Stuy, and East New York, the firm serves injured clients wherever their accident occurred. Clients from the Bronx, Staten Island, Queens, and Manhattan also turn to the firm after serious fracture accidents, and the firm represents clients across New York State in appropriate cases.

The broken bone attorney at this firm also handles cases originating in communities just beyond Brooklyn’s borders, including Howard Beach, Jamaica, and other parts of Queens, as well as incidents that occurred on transit routes, bridges, and infrastructure connecting the boroughs. Whether the injury happened on a job site in the Navy Yard, a store on Atlantic Avenue, a residential building in Bushwick, or on a roadway near Prospect Park, the geographic specifics of where a fracture occurred matter to how the claim is structured and who bears responsibility for the injury.

Speak With a Brooklyn Broken Bone Attorney Today

A fracture caused by someone else’s negligence can set back years of financial stability in a matter of moments. Surgery, rehabilitation, lost wages, and the ongoing limitations of a poorly healed or permanently affected bone add up in ways that an early insurance settlement rarely accounts for. Working with a Brooklyn broken bone attorney who takes the time to understand the full picture of what an injury has cost, and what it will continue to cost, changes the outcome of these cases in a meaningful way.

Mark David Shirian P.C. offers confidential case evaluations for individuals injured in Brooklyn and across New York City and State. There is no fee unless the firm recovers compensation on your behalf. Contact the firm today to discuss what happened and learn what your options are.