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★ New Jersey · fracture

Fracture settlements
in New Jersey.

By Reviewed by Abd Shanti, Founder9 min read

A fall that breaks a bone can lead to a second claim if the medical care goes wrong. New Jersey’s Supreme Court set the rules for splitting damages between the property owner and the doctors in a case that began with a broken ankle outside a restaurant.

Facts that decide a fracture claim in New Jersey

Fall followed by bad careWhen a plaintiff settles with the party that caused the fall and then sues the doctors, the jury apportions damages between the two events instead of simply crediting the settlement amount.Glassman v. Friedel (N.J. 2021)
Fault ruleYour own negligence does not bar recovery if it “was not greater than the combined negligence of the persons against whom recovery is sought,” so 51% bars you and a smaller share reduces the award.N.J.S.A. 2A:15-5.1, as quoted in Krzykalski v. Tindall (App. Div. 2016)
Deadline to sueTwo years: an injury action must “be commenced within two years next after the cause of any such action shall have accrued.”N.J.S.A. 2A:14-2, as quoted in Chipola v. Flannery (App. Div. 2025)
Claims against public bodiesNotice within 90 days; pain and suffering only for a permanent injury with medical costs over $3,600.N.J.S.A. 59:8-8 and 59:9-2, in the MyClaimWorth notice of claim chart
Late notice to a public bodyA court may allow a late notice of claim in limited cases, such as a timely notice served on the wrong public entity in good faith.O’Donnell v. New Jersey Turnpike Authority (N.J. 2019)
united states · sister site
Your fracture claim in New Jersey. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ NJ · reported fracture outcomes

What New Jersey courts have awarded.

Real New Jersey decisions and verdicts, each linked to the court record or official report.

  • Glassman v. Friedel
    New Jersey Supreme Court · 2021
    $1,150,000 settlement with the property owners

    A 45 year old teacher tripped and fell leaving a restaurant and fractured her left ankle. Three weeks after ankle surgery she died of a pulmonary embolism. Her husband settled with the restaurant and property owners for $1.15 million and then sued the hospital and doctors; an economist put the family’s economic loss at over $2.3 million. The Court set a new procedure for apportioning damages between the fall and the alleged malpractice.

  • O’Donnell v. New Jersey Turnpike Authority
    New Jersey Supreme Court · 2019
    Late notice allowed

    After a fatal accident, the family’s lawyer served a notice of claim within 90 days but on the State rather than the Turnpike Authority. The Court allowed the claim to proceed because the notice was timely, in good faith, and named the correct entity.

★ NJ · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in New Jersey.

  1. 1

    A fracture that leads to complications can involve two sets of defendants. Glassman means the settlement with the property owner does not automatically set off what the doctors owe; the jury decides how much harm each caused.

  2. 2

    The first settlement matters. In Glassman the property owners paid $1.15 million, well below the economist’s $2.3 million estimate of economic loss, leaving the rest of the claim to be proven against the medical defendants.

  3. 3

    Falls on public property run on a 90 day clock. O’Donnell shows the courts will sometimes forgive a notice served on the wrong agency, but only when the claimant acted in time and in good faith.

★ NJ · statute of limitations
2 years from date of injury

N.J.S.A. § 2A:14-2

★ NJ · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NJ · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in New Jersey.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How New Jersey's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
New Jersey · you are hereModified comparative, 51% bar2 years from date of injury—
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
★ NJ · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in New Jersey? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of NJ
New Jersey overview

Fault rule, statute, caps, and key facts for New Jersey as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New Jersey. See /methodology, /sources, and /disclaimer.