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★ New York · fracture

Fracture settlements
in New York.

By Reviewed by Abd Shanti, Founder9 min read

In New York a fracture automatically meets the serious injury threshold for car crash cases, and courts watch the awards closely. A young woman’s ankle fracture verdict was raised from $270,000 to $500,000 as too low.

Facts that decide a fracture claim in New York

Fractures and the thresholdA fracture is one of the listed categories of serious injury.Insurance Law § 5102(d)
Inadequate awardsA trial court may order a new trial on damages unless the defendant agrees to increase an award that deviates from reasonable compensation.Hammer v. 1111 Avenue K (2d Dept 2014)
Fault rulePure comparative fault: your culpable conduct “shall not bar recovery” but reduces damages. Since 26 May 2026, in car crash suits under the no fault law, a claimant whose culpable conduct is greater than the defendants’ recovers nothing.CPLR 1411(a) and (b); NYSBA Law Digest, August 2026
Deadline to sueThree years for “an action to recover damages for a personal injury,” with exceptions for some claims.CPLR 214(5)
Claims against public bodiesA notice of claim within 90 days for cities, counties and the State; no damages cap.Gen. Mun. Law § 50-e; Court of Claims Act § 10, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in New York. 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.

Check my case
★ NY · reported fracture outcomes

What New York courts have awarded.

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

  • Hammer v. 1111 Avenue K, Inc.
    Appellate Division, Second Department · 2014
    $270,000 verdict increased to $500,000

    In December 2009 a 25 year old woman fell on the sidewalk in front of the defendant’s building and suffered a dislocated trimalleolar fracture of her right ankle. Surgery placed a plate and eight screws, leaving a keloid scar, and she had daily pain and stiffness. The jury awarded $130,000 for past and $140,000 for future pain; the trial court ordered a new trial unless the defendant agreed to $200,000 and $300,000, and the Second Department affirmed.

  • Masmalaj v. New York City Economic Development Corp.
    Appellate Division, Second Department · 2021
    Past pain cut from $2 million to $1 million

    A worker fell five to six feet from a scaffold to a cement floor and won summary judgment on liability under the Labor Law. At the damages trial the jury awarded $2,000,000 for past pain and suffering, $322,264 in past lost earnings and more. The Second Department ordered a new damages trial unless he accepted reductions, including past pain to $1,000,000 and past lost earnings to $207,000.

★ NY · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in New York.

  1. 1

    Hardware and scars add value. The plate, eight screws and keloid scar in Hammer supported a higher award for a young plaintiff.

  2. 2

    Courts compare awards in both directions. Hammer’s award was raised, while Masmalaj’s $2 million for past pain was cut in half.

  3. 3

    Falls on public property need a notice of claim within 90 days, much shorter than the three years for private defendants.

★ 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, except that since 26 May 2026 a claimant in a car crash case under the no-fault law whose fault is greater than the defendants’ recovers nothing (CPLR 1411(b)).

★ fracture · same region & fault regime

Compare to like jurisdictions.

How New York'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 York · you are herePure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice—
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 →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
★ NY · 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 York? 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 2026-09-29.

★ all of NY
New York overview

Fault rule, statute, caps, and key facts for New York 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 York. See /methodology, /sources, and /disclaimer.