New York City Hip Fracture Injury Lawyer
A hip fracture is not a minor injury. For older adults, it can be a life-altering event with a mortality rate that rivals many serious illnesses. For younger victims, a broken hip from a fall, a vehicle collision, or a construction accident can mean months of surgery, physical therapy, and lost income. When that fracture happens because someone else failed to maintain a safe property, control a vehicle, or follow workplace safety rules, the law provides a path to compensation. New York City hip fracture injury lawyers at Cohan Law Firm handle these cases regularly, and we know the full weight of what our clients are carrying when they call us.
Hip fractures in New York typically fall into two broad categories: femoral neck fractures and intertrochanteric fractures. Both often require surgical intervention, either internal fixation with screws and plates or full hip replacement. The recovery timeline is measured in months, not weeks, and many victims never fully return to their prior level of function. That long recovery window has real financial consequences: unpaid medical bills, extended absence from work, home health aide costs, and in serious cases, permanent disability or the need for assisted living. A successful injury claim has to account for all of it, not just the emergency room bill.
New York City’s built environment creates specific hazards that cause these injuries. Cracked and uneven sidewalks across Brooklyn and the Bronx. Wet floors in subway stations. Construction sites without proper fall protection. Stairwells with missing handrails in Manhattan apartment buildings. Defective bus steps. Intersection collisions that send pedestrians into the pavement. These are not abstract risks. They are conditions that produce hip fractures every single day across the five boroughs, and property owners, employers, and transit authorities are often legally responsible for them.
What Causes Hip Fractures in NYC Injury Cases
- Slip and fall accidents on defective sidewalks: New York City has a sidewalk liability law that places the duty to maintain pedestrian walkways on abutting property owners, meaning landlords and building owners can be held responsible when cracked, raised, or icy pavement causes a fall and fracture.
- Trip and fall incidents in apartment buildings and commercial spaces: Broken flooring, torn carpet, missing stair nosings, and poor lighting in lobbies, hallways, and stairwells of residential and commercial buildings throughout Queens, Manhattan, and Brooklyn are common causes of hip fractures in premises liability claims.
- Construction site falls: New York Labor Law provides specific protections for workers injured in gravity-related falls on construction sites, and scaffolding collapses, ladder accidents, and unguarded floor openings are all well-established causes of catastrophic hip injuries on job sites citywide.
- Pedestrian knockdowns by motor vehicles: High-traffic corridors across the boroughs see pedestrians struck at intersections and crosswalks with enough force to cause femoral fractures, often involving distracted or speeding drivers, rideshare vehicles, or commercial trucks.
- Bus and subway accidents: Sudden braking, abrupt stops, and falls while boarding or exiting MTA buses and subway trains cause hip injuries regularly, and claims against the MTA require adherence to specific notice of claim deadlines that differ from standard civil litigation timelines.
- Nursing home and hospital falls: When a vulnerable patient or resident is dropped, improperly transferred, or left without adequate supervision in a New York City care facility, the resulting hip fracture may give rise to a medical malpractice or institutional negligence claim.
- Bicycle accidents and car collisions: Cyclists struck by opening car doors or vehicles making turns, as well as passengers injured in multi-vehicle crashes, can suffer hip fractures from the direct impact or from being thrown from a vehicle or bike onto the street.
Why Cohan Law Firm for a Hip Fracture Claim in New York City
Cohan Law Firm has recovered over $100 million for injury victims across New York City, representing clients in Manhattan, Brooklyn, the Bronx, Queens, and Long Island. That track record matters in hip fracture cases specifically because these claims are high-value and highly contested. Insurance carriers and their defense teams look for every reason to minimize what they pay, arguing that a fracture was the result of preexisting osteoporosis, that a property owner had no notice of a defect, or that a victim was contributorily negligent. Having attorneys who come from large firm backgrounds and who have the resources to build a thorough, evidence-driven case makes a measurable difference.
Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a recognition reserved for trial lawyers who have secured verdicts and settlements exceeding $1 million. Hip fracture cases involving surgery, extended rehabilitation, and permanent limitations regularly enter that range, which is why having representation with genuine trial credibility carries weight at the settlement table. Our team also includes medical professionals who help us understand and present the full scope of your injuries from the start, including the long-term functional consequences that insurers prefer to discount.
Our clients consistently highlight responsiveness and clear communication in their reviews, and that is not incidental. A hip fracture case can take well over a year to resolve. You should not spend that time wondering what is happening with your claim. We keep our clients informed, and we are reachable. We also handle consultations and case sign-ups digitally, so there is no requirement that you travel to an office while you are in recovery. With more than 550 five-star client reviews, the feedback we hear most is that people felt supported, not processed.
After a Hip Fracture: What to Do and What Deadlines Apply
The period immediately after a hip fracture is chaotic. You are dealing with emergency surgery, hospital stays, and uncertainty about your recovery. Legal action is not the first thing on your mind, and it should not be. But there are steps taken in those early weeks that will directly affect your ability to recover compensation later, and a few of them matter enormously.
Document the scene of the accident as soon as someone is able to do so on your behalf. Photograph the defective sidewalk, the wet floor, the missing handrail, or whatever condition caused the fall before the property owner has a chance to repair it. Request that a written incident report be filed if the injury occurred on commercial premises or in a transit facility. Preserve any clothing or footwear you were wearing, since defendants in slip and fall cases sometimes argue that inappropriate footwear contributed to the fall.
If your injury involves a city-owned property, an MTA vehicle or facility, or any New York City agency, you face a notice of claim deadline that is significantly shorter than the standard personal injury statute of limitations. Claims against the City of New York and the MTA generally require that a notice of claim be filed within 90 days of the incident. Missing this deadline can forfeit your right to sue entirely. A hip fracture injury attorney in New York City who handles municipal claims regularly will know how to navigate this requirement and file within the required window.
For claims against private parties, the standard statute of limitations in New York for personal injury cases gives you three years from the date of injury to file suit. That sounds like a long time, but evidence disappears, witnesses move, and surveillance footage is routinely overwritten within days or weeks. The earlier you get an attorney involved, the better the odds of preserving what you need to build a strong case. Cohan Law Firm can send a spoliation letter demanding that a property owner or business preserve any relevant footage and records, which is often one of the most consequential things that happens in the early stages of a premises liability case.
Medical documentation is the backbone of a hip fracture claim. Keep records of every appointment, every prescription, every physical therapy session. Track the days you missed work and the income you lost. Keep a log of how your daily life has changed because of the injury. These details form the factual foundation of your damages claim, and the more complete the record, the less room an insurer has to argue that your injuries were less severe than claimed.
Calculating Damages in a New York Hip Fracture Injury Case
Hip fracture cases often produce some of the highest damage awards in personal injury litigation because the injury itself is severe, the treatment is expensive, and the long-term consequences are significant and documentable. A thorough damages calculation in these cases covers several distinct categories.
Past medical expenses include the emergency response, hospitalization, orthopedic surgery, anesthesiology, post-surgical care, and any complications that arose during recovery. Future medical expenses are often larger than past expenses in serious cases, encompassing ongoing physical therapy, follow-up orthopedic care, potential revision surgeries, and any assistive devices or home modifications required. These future costs are typically calculated with the help of a life care planner and a medical expert who can testify to the likelihood and cost of future treatment.
Lost wages and lost earning capacity matter considerably in cases involving working-age victims. A construction worker, a nurse, a restaurant employee, or anyone whose job requires physical activity may be out of work for months, and some never return to their previous role. In cases where the fracture causes permanent limitations on mobility, a vocational expert can testify about the difference between what the victim was earning before the injury and what they are realistically capable of earning afterward.
Pain and suffering damages in hip fracture cases reflect the reality of what the injury actually involves: the pain of the fracture itself, the trauma of surgery, the frustration and indignity of rehabilitation, the loss of independence, and the often-permanent change in how the person moves through the world. New York does not cap non-economic damages in most personal injury cases, which means a jury or a negotiating insurer must genuinely contend with the full human cost of the injury. Our NYC hip fracture attorneys build the narrative around those damages carefully and with evidence, not just assertions.
Questions About Hip Fracture Claims in New York City
Who can be held liable for a hip fracture caused by a slip and fall in New York City?
Liability depends on where the fall occurred and who was responsible for maintaining that space. Property owners, building managers, landlords, commercial tenants, and government entities can all be liable depending on the circumstances. In sidewalk cases, New York law generally places maintenance responsibility on the adjacent property owner. In construction cases, general contractors and property owners may be subject to liability under the Labor Law framework regardless of how the work was organized.
How does New York’s no-fault insurance system affect a hip fracture claim from a car accident?
New York’s no-fault system requires that certain medical expenses and a portion of lost wages be covered by the injured party’s own auto insurance, regardless of fault. However, a hip fracture that results in significant disfigurement, permanent consequential limitation of use, or substantial impairment of daily activities typically satisfies the serious injury threshold that allows a victim to step outside the no-fault system and bring a claim for pain and suffering against the at-fault driver.
What if the person who fractured their hip is elderly and had osteoporosis before the accident?
A preexisting condition does not eliminate a negligence claim. New York follows the “eggshell plaintiff” doctrine, which means a defendant must take the victim as they find them. If a fall caused by a defective condition fractured a hip that was more fragile due to osteoporosis, the property owner is still responsible for the harm caused. The preexisting condition may affect the calculation of damages, but it does not defeat liability.
Can a family member file a claim if a hip fracture led to complications and death?
Yes. If a hip fracture resulted in surgical complications, pneumonia, blood clots, or other conditions that caused the victim’s death, surviving family members may have a wrongful death claim. New York wrongful death law permits recovery for pecuniary losses, including the economic support the deceased would have provided, as well as conscious pain and suffering experienced before death.
How long does a hip fracture injury case typically take to resolve in New York City?
These cases vary, but a contested hip fracture claim in New York City courts often takes between one and three years from filing to resolution, depending on the complexity of the liability issues, the volume of medical evidence, and the court’s calendar. Cases that involve municipal defendants, disputed liability, or significant damages may take longer. Cases that settle before trial, which is the majority, can sometimes resolve more quickly once the plaintiff has reached maximum medical improvement and the full scope of damages is clear.
Does a hip fracture case have to go to trial to get a fair recovery?
No. The majority of hip fracture injury claims settle before trial. However, the credibility of going to trial, meaning the willingness and ability to actually litigate if necessary, shapes what insurers and defense counsel are willing to offer. Firms with a real trial background and the resources to take a case the full distance consistently achieve better settlement outcomes than those whose approach depends entirely on pretrial resolution.
What if the hip fracture happened at a construction site and I am an undocumented worker?
Immigration status does not bar a worker from bringing a personal injury claim under New York law, including claims under the Labor Law scaffold provisions. New York courts have consistently held that injury victims are entitled to compensation for their losses regardless of documentation status. An experienced New York hip fracture attorney can advise on how to proceed in a way that protects the client’s interests.
Will my health insurance cover my treatment while the injury case is pending?
It depends on your coverage. Most health insurers will cover treatment for accident-related injuries, though they may file a lien against your eventual recovery to be reimbursed. Medicare and Medicaid have their own lien rules. If the accident involved a motor vehicle, your no-fault coverage may be the primary payer for medical expenses up to policy limits. An attorney handling your case can help coordinate these benefits and manage any liens so that more of your recovery stays in your hands.
What if I fell on a subway platform or inside a subway car? Can I still sue the MTA?
Yes, but the MTA presents specific procedural requirements. Claims against the MTA must begin with a notice of claim filed within 90 days of the injury. The MTA will then conduct its own examination before trial process. These claims are litigated in New York state court but require navigating the MTA’s internal processes as well. Missing the 90-day notice deadline is one of the most common ways valid claims are lost, which is why contacting a NYC hip fracture injury attorney quickly after an MTA-related accident is important.
How is pain and suffering calculated for a hip fracture case in New York?
There is no fixed formula. Juries consider the nature of the injury, the severity of the pain during and after surgery, the duration and difficulty of recovery, the degree of permanent impairment, and the impact on the victim’s daily life, relationships, and activities. Attorneys build this part of the case through medical testimony, the client’s own documented account of their experience, and in some cases expert testimony about quality-of-life losses. Comparable verdicts and settlements in similar cases inform how both sides approach negotiation.
Representing Hip Fracture Victims Across New York City and the Surrounding Area
Cohan Law Firm represents hip fracture injury clients throughout all five boroughs and beyond. In Manhattan, we handle cases arising from falls in midtown office buildings, Fifth Avenue retail spaces, upper Manhattan residential properties, and along the pedestrian corridors of the East and West Village. In Brooklyn, our clients include those injured on the sidewalks of Flatbush, Bay Ridge, Williamsburg, Sunset Park, and Crown Heights, as well as at job sites throughout the borough. In the Bronx, we represent clients from Fordham, Pelham Bay, Mott Haven, Kingsbridge, and the Co-op City area. In Queens, we handle cases from Flushing, Jamaica, Astoria, Woodside, Jackson Heights, Richmond Hill, and the Far Rockaway waterfront communities.
Beyond the five boroughs, we also represent clients in Long Island communities, including Nassau and Suffolk County residents who were injured in New York City or on job sites across the metro region. Whether the injury occurred at a Brooklyn construction site, on a Bronx sidewalk, inside a Queens apartment building, on a Manhattan subway platform, or in a collision on the Staten Island Expressway, our team is positioned to handle the claim from wherever the client is located. We do not require you to come to us, especially not while you are recovering from a hip fracture.
Talk to a New York City Hip Fracture Attorney About Your Case
The decisions made in the weeks after a hip fracture can shape the outcome of a legal claim for years. Evidence gets lost, deadlines pass, and insurance carriers begin building their defense while victims are still in recovery. A New York City hip fracture attorney at Cohan Law Firm can step in immediately, preserve the evidence that matters, handle the legal and insurance communications so you do not have to, and begin building the case that reflects the full cost of what happened to you.
Cohan Law Firm operates on a contingency basis, which means there are no fees unless we recover compensation for you. Consultations are free and can be handled entirely by phone or digitally. We serve clients in English and Spanish. Call us today to speak with a member of our team about your hip fracture case and what your options look like.