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By Joseph Dell
Managing Partner

Broken bones are serious injuries, often resulting in severe pain and debilitation. A broken bone occurs when excessive force is exerted on a bone, causing it to break or crack. This article examines your legal rights after a broken bone injury in New York. 

Common Causes of Broken Bones

Common causes of broken bones include: 

Broken Bones and New York’s No-Fault System 

Broken bones are considered to be serious injuries under New York law, which means that victims with broken bones typically have the right to file personal injury lawsuits outside of the state’s no-fault insurance system. One advantage of filing a lawsuit outside of the state’s no-fault system is greater compensation in the form of non-economic damages, such as loss of quality of life and pain and suffering. A typical no-fault insurance claim, on the other hand, does not compensate broken bone victims for non-economic damages. 

Liability for Broken Bone Injuries

Following a broken bone injury, it’s important to determine liability. However, it can sometimes be difficult to determine fault for a broken bone injury. If you have suffered a broken bone, and you aren’t sure who caused your accident, you should examine the factors involved in your accident. For example, you should examine who was there at the time of the accident, how the fracture occurred, and the potential causes of the accident. In addition to helping you identify those responsible for your injury, an experienced personal injury lawyer can help you prove the other party’s negligence. To prove negligence, the following elements must be present:  

Duty: First, you must demonstrate that the defendant owed you a duty of care based on his or her relationship with you at the time of your broken bone injury. Drivers, for example, have a duty to other drivers to operate their vehicles in a reasonably safe manner. 

Breach: Next, you must prove that the defendant breached this duty. A breach of duty can be any act or omission that a reasonable party wouldn’t have performed under similar circumstances.

Causation: You must also prove that the defendant’s breach was the cause of your broken bone. In other words, your personal injury lawyer must demonstrate a causal relationship between the defendant’s breach of duty and your injury. 

Damages: Finally, the accident must have resulted in compensable damages, such as medical bills, disability costs, lost wages, and pain and suffering. 

Contact Our Long Island & New York Personal Injury Lawyers

If you have suffered a broken bone injury in Long Island, New York, the experienced lawyers of Dell & Dean, PLLC, are here for you. When you come to us for assistance after a broken bone injury, we will review your situation, plan a legal strategy, and pursue financial compensation on your behalf. Please contact us to schedule an initial meeting with an experienced personal injury lawyer.

About the Author
Joseph G. Dell, the firm’s Managing Partner, is regarded as one of New York State’s top trial lawyers and a zealous advocate of those injured through the negligence of others. Having founded the firm in 1994 with the singular goal of leveling the playing field for those injured, Mr. Dell has worked tirelessly for his clients since its inception. In addition to meeting with clients on a daily basis and trying cases, Mr. Dell is a frequent lecturer at Law School and Bar Associations on cases of significant importance in the fields of negligence and medical malpractice. If you have any questions regarding this article, you can contact Mr. Dell here.