New York applies pure comparative negligence and operates a no-fault auto scheme requiring claimants to meet the serious-injury threshold under § 5102(d) before recovering non-economic damages in tort. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for New York's pure comparative negligence.
★ band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates
The US band is the starting point. New York's fault rule and any applicable cap then adjust the figure.
★ NY · statute of limitations
3 years for personal injury; 2 years 6 months for medical malpractice
CPLR § 214, § 214-a
★ NY · fault rule
Pure comparative negligence
Pure comparative negligence under CPLR Article 14-A.
★ fracture · neighbouring jurisdictions
Compare to neighbours.
How New York's fault rule and limitation period compare to other US jurisdictions for fracture claims.
Jurisdiction
Fault rule
Limitation
Fracture page
New York · you are here
Pure comparative negligence
3 years for personal injury; 2 years 6 months for medical malpractice
Each answer is independently coherent and references the relevant statute or authority document.
How much is a fracture claim worth in New York?
New York fracture settlements track the federal US band of $15,000 – $80,000, adjusted for New York's fault rule (pure comparative negligence) (no state-specific cap applies). The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to fracture claims in New York?
Pure comparative negligence. Pure comparative negligence under CPLR Article 14-A.
What is the statute of limitations for fracture claims in New York?
3 years for personal injury; 2 years 6 months for medical malpractice. Source: CPLR § 214, § 214-a. Filing after the period expires generally bars the claim absent a tolling exception.
Do New York's damages caps reduce fracture settlements?
New York does not impose a state-specific cap on the standard heads of damage in fracture cases. The band is constrained by jury verdict ranges and policy limits.
Does New York require no-fault first-party recovery for auto-related fracture claims?
Yes. New York requires PIP first-party recovery before tort-based claims. New York operates a no-fault auto scheme with mandatory $50,000 PIP. Tort recovery for non-economic damages requires meeting the serious-injury threshold under Insurance Law § 5102(d) — death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of body organ/member/function, permanent consequential limitation, significant limitation of body function, or non-permanent injury preventing usual activity for 90 of 180 days.
Should I hire a New York fracture attorney?
For all but the most modest claims, yes. New York's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most New York personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the US band adjusted for New York's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New York. See /methodology, /sources, and /disclaimer.