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broken bone injuries in new york laws and settlements

Fractured and broken bones are caused by many kinds of accidents. In New York, they typically result from motor vehicle crashes, slip and falls, workplace mishaps and sport injuries. These can be incredibly painful injuries, and can impact one’s quality of life in many ways. Getting compensation for these injuries can help cover medical costs, lost wages while out of work, and other expenses to help you recover.

The broken bone attorneys at Sobo & Sobo would like to share their decades of experience helping those with difficult injuries. Read on to learn common examples of these types of injuries, and the steps you need to take following one to maximize your compensation, and get justice for any damages.

Top 4 Causes of Broken Bones in NY

Below are the most common causes of broken bones and fractures in New York State, according to the Centers for Disease Control (CDC):

  • Slip /Trip and Falls: These types of accidents are the number one cause of broken bones in New York state each year, according to the CDC. Specifically, slip and falls (or, trip and falls) are the leading cause of hip fractures, broken wrists, and head trauma—especially among older adults and children. These are also leading types of workplace injuries in the nation.
  • Car, Truck and Motorcycle Accidents: According to the New York State Department of Health (NYSDOH), an average of 12,093 New Yorkers are hospitalized each year due to injuries sustained from traffic accidents, and 136,913 need emergency medical services. Specifically, traffic accidents are one of the leading causes of breaks and fractures among back, neck, and leg bones in New York.
  • Sports & Other Physical Activities: Broken bones are common injuries among children and young adults who are physically active. Collar bone fractures and breaks are the most commonly broken bone during sporting events, due to its large size and vulnerable location. Broken bones in the hands, hip and arms are also common among sports-related injuries, most frequently caused by colliding with other players, or the ground.
  • Workplace Injuries: As stated before, slip and falls at work are among the most common incidents that result in broken bones in New York. Hazardous work environments, slippery floors, and uneven stairwells are all incredibly common causes. Back and neck injuries are also common among physically demanding occupations such as construction, manufacturing and warehouse management. In these lines of work, heavy objects can fall on workers if out of place. Workers that are required to work at high altitudes are also at high risk for breaking bones, as these types of falls typically result in blunt force trauma to the head, neck, back and hips.

NYS Broken & Fractured Bone Statistics

  • Fractures account for 16% of all musculoskeletal injuries in the U.S.
  • 6.3 million fractures occur each year, nationwide
  • Men are more likely to experience fractures than women (2.8 versus 2.0 per 100 injured each year, respectively)
  • An average of 887,679 hospitalizations occur each year due to broken and fractured bones in the US
  • Over half of all fractures that result in hospitalization occur in people aged 65 and over

*Data collected from the National Ambulatory Medical Care Survey & American Academy of Orthopedic Surgeons

The 11 Basic Types of Bone Fractures

Many orthopedic surgeons will categorize a broken or fractured bone according to the type and length of the injury. This can also influence the amount of compensation one can receive from a broken bone lawsuit, as medical bills will differ based on the severity of the injury, and how costly it is to recover.

  1. Simple fractures: Instances where the bone is broken, but does not protrude through the skin
  2. Compound or open: These fractures occur when bone pierces the skin, opening the possibility for infection
  3. Complete fractures: When the bone is broken entirely
  4. Incomplete fractures: Fractures in which the bone is only partially broken
  5. Comminuted fractures: Fractures in which the bone is broken into several pieces
  6. Spiral fractures: When one part of the bone is twisted, and a fracture has occurred simultaneously
  7. Impact fractures: Fractures when bone fragments are jammed against one another
  8. Transverse fractures: A fracture which occurs at a right angle compared to the bone’s long axis
  9. Oblique fractures: A fracture that occurs diagonally against the bone’s long axis
  10. Avulsion fractures: A fracture in which physical trauma causes a tendon or ligament to detach from a bone
  11. Hairline fractures: Small cracks in a bone that is otherwise healthy

How Do Bones Heal, and How Long Does it Take?

Broken bones go through the same healing process regardless of the type of fracture. There are three main stages.

  1. The Inflammation Stage: This stage begins immediately after the bone fractures, and lasts for several days following the injury. Bleeding will occur in the area surrounding the bones, which allows blood to clot at the fracture site. This creates enough structural stability for the body to begin producing new bone cells.
  2. The Bone Production Stage: The bone production stage occurs after clotted blood is replaced with cartilage and other fibrous tissue. The cartilage and soft tissue will be replaced with hard bone several weeks after the fracture.
  3. The Bone Remodeling Stage: This stage takes several months to complete. During this time, the bone will continue to form and compact itself before returning to its original shape. Blood circulation will improve.

In general, bones take between six to twelve weeks to heal to any significant degree. Depending on the severity of the injury, it can take more or less time to make a full recovery. Because of this, it is best to consult with a medical professional to determine a more precise timeline for your unique fracture.

Childrens’ bones typically heal faster than adults’. Because of this, adults may need to miss significant amounts of work after breaking a bone. While this is needed for recovery, it is important to seek legal compensation to recover any lost wages, and help pay for medical services that can accelerate your healing process.

If you are considering building a personal injury case to help pay for damages, call (855) 468-7626 for a free consultation with a broken bone lawyer in New York, and ask how they can help you get the settlement and justice you deserve.

Critical Medical Services to Seek After Broken Bone Injuries

Regardless of bone fracture type, all bones must be tended to by a licensed doctor. Specialized doctors who are skilled in the treatment and repair of broken bones are called orthopedic doctors and orthopedic surgeons. These professionals have years of experience and specialized knowledge surrounding the musculoskeletal system.

Certain broken bones, such as spinal breaks, may be tended to by different surgeons, like neurosurgeons. However, most orthopedic doctors are general bone specialists, and will refer you to other specialized orthopedic experts as needed. Different orthopedic medical practitioners specialize in healing specific bones of the body, and may be chosen by general orthopedic doctors to take over for certain surgeries and treatments depending on your injury.

New York Broken Bone Case Laws

In New York, broken bones are typically regarded as severe enough to meet or surpass the state’s “no-fault” threshold. This is in place to protect defendants against unjust personal injury cases. and assure the seriously injured an opportunity to recover damages.

Broken bones can often result in high medical bills—even for smaller and less severe injuries like hairline fractures. Individuals with broken bones normally have the right to file personal injury claims against individuals or companies that they believe should be held liable for their fracture.

Slip and Fall Broken Bone Cases

These cases occur when an individual slips and falls on commercial property as a direct result of negligence on the property owner’s part. A common example is a company failing to put up a wet floor sign, or not having proper safety railings installed on company stairwells. Customers and employees that break bones on commercial property can build a successful lawsuit against the property’s owner, and sue for compensation.

However, finding legal representation for these cases is critical to building a successful case, as the victim must prove that the company was negligent to a degree that makes them primarily at fault. In addition, New York often follows a “pure comparative negligence” law, which may result in you being ruled as partly responsible for your injuries.

Call (855) 468-7626 for free consultation with a New York slip and fall attorney.

Broken Bones from Car Accidents

New York is a “no-fault” state, which dictates that individuals cannot be sued for car accidents unless an appropriate monetary threshold is reached (injury expenses exceeding $50,000 will be considered “serious”), or the injury sustained is considered a “serious injury” by New York state.

Broken or fractured bones are typically considered “serious injuries” by New York, but it is always wise to get the opinion of a broken bone attorney to ensure that your case is not dismissed in court. Having a skilled personal injury or broken bone attorney from New York can also help you minimize your potential share of fault in court, lowering or completely eliminating your need to compensate the at-fault driver.

Breaking Bones on the Job

If you break your bone while working, you will most likely be entitled to workers compensation. Worker’s compensation is insurance provided by the state that “…provides benefits and/or medical care for workers that become injured or ill as a direct result of their job.” New York workers compensation law dictates that individuals who are injured on the job and while performing duties related to the duties of that job must be compensated for medical bills, as well as other damages regarding pain and suffering relating to their injury.

Insurance companies that cover employers are known to attempt negotiations to lower your payout, or convince you to settle out of court. Doing so can be a faster way to receive compensation, however, you may significantly lower your final settlement amount, and have a more difficult time paying for long-term medical costs.

There are often more effective legal methods to pay for your medical services and make up time at work aside from relying on a worker’s compensation settlement. Filing a personal injury claim for your broken bone typically results in larger settlements, with more agreeable terms. Contact a New York broken bone attorney at Sobo & Sobo for a free consultation, and determine your best course of action.

Find Legal Representation for Your Broken Bone Case

For many personal injury and broken bone attorneys, these cases can be proved and settled relatively easily and quickly. Skilled representation can prove fault or negligence given the available evidence, and ensure that you receive the compensation necessary to cover both your medical bills and any time you might miss from work, not to mention personal suffering.

That’s why it’s imperative that you contact Sobo & Sobo. With decades of experience handling broken bone cases in New York, they’re some of the most well-equipped professionals for the job. They can help you receive the maximum payout you deserve for your broken bone and help you on the path to recovery much faster than if you tried to settle on your own.

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Phone Number: 855-468-7626