Broken Bone and Fracture Injury Lawyers
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Due to the nature of these claims, Lamont Law is only able to assist with claims that have an estimated value greater than $50,000.
*The use of this form for communication with the firm or any individual member of the firm does not establish a solicitor-client relationship.
Suffering From a BROKEN BONE OR FRACTURE?
Fracture and Broken Bone Injury Lawyers in Hamilton
A broken bone can affect far more than the weeks spent in a cast.
A fracture may require surgery, hospitalization, metal plates or screws, months of rehabilitation, time away from work, and help with everyday activities. Even after the bone has healed, a person may continue to experience pain, stiffness, weakness, scarring, reduced movement, nerve symptoms, or difficulty returning to their previous life.
At Lamont Law, our Hamilton fracture and broken bone injury lawyers help accident victims understand their rights, deal with insurance companies, document their losses, and pursue compensation that reflects the full impact of the injury.
We look beyond the X-ray to understand how the fracture has affected your work, mobility, independence, family responsibilities, and future.
A Broken Bone Can Be a Serious and Life-Changing Injury
The phrase “broken bone” can make an injury sound temporary or straightforward.
In reality, fractures vary enormously in severity. Some heal with immobilization and rest. Others involve displaced bones, crushed joints, open wounds, nerve damage, multiple surgeries, permanent hardware, chronic pain, or lasting mobility restrictions.
The consequences can be especially serious when the fracture affects:
- A weight-bearing joint
- The spine or pelvis
- The dominant hand or arm
- A person’s ability to walk
- A person’s ability to perform physical work
- A child’s growth and development
- An older person’s independence
- Several parts of the body at once
A person may technically have a “healed fracture” but still be unable to stand for long periods, lift at work, climb stairs, drive comfortably, exercise, complete household tasks, or return to the activities they previously enjoyed.
At Lamont Law, we focus on what the injury has actually changed.
What is a fracture?
A fracture is a broken bone.
Fractures can range from a small crack in the bone to a complete break involving several fragments. The bone may remain properly aligned, or the pieces may move out of position. In more serious cases, the bone may damage nearby muscles, nerves, blood vessels, joints, or skin.
Fractures may be described as:
Closed fractures
The bone is broken, but the skin remains intact.
Open or compound fractures
The broken bone is associated with an open wound near the fracture. These injuries may carry an increased risk of infection and can require urgent surgery.
Displaced fractures
The broken pieces of bone have moved out of their normal alignment.
Non-displaced fractures
The bone is broken, but the pieces remain substantially aligned.
Comminuted fractures
The bone has broken into several pieces. These injuries often result from significant force and may require surgical stabilization.
Intra-articular fractures
The fracture extends into a joint surface. Damage to the joint may lead to stiffness, reduced movement, or post-traumatic arthritis.
Compression fractures
The bone collapses or is compressed. These fractures commonly affect the spine.
Avulsion fractures
A tendon or ligament pulls a fragment of bone away from the main bone.
The type and location of the fracture can affect the required treatment, recovery time, prognosis, and long-term limitations.
Common Fractures Caused by Accidents
Accidents can cause broken bones throughout the body.
Common fracture injury claims involve:
- Skull and facial fractures
- Jaw fractures
- Collarbone fractures
- Shoulder fractures
- Upper arm fractures
- Elbow fractures
- Forearm fractures
- Wrist fractures
- Hand and finger fractures
- Rib and sternum fractures
- Spinal fractures
- Pelvic fractures
- Hip fractures
- Femur fractures
- Kneecap fractures
- Tibia and fibula fractures
- Ankle fractures
- Foot and toe fractures
- Multiple fractures affecting different areas of the body
The effect of a fracture depends not only on which bone was broken, but also on the person’s occupation, age, previous health, dominant side, family responsibilities, treatment needs, and level of function before the accident.
When Does a Broken Bone Become a Serious Injury?
A fracture may become particularly serious when it:
- Requires surgery
- Requires plates, screws, rods, pins, or wires
- Involves an open wound
- Extends into a joint
- Causes nerve or blood vessel damage
- Prevents a person from bearing weight
- Involves the spine, pelvis, hip, or skull
- Causes permanent loss of movement
- Results in chronic pain
- Requires several surgeries
- Fails to heal properly
- Causes infection
- Leads to arthritis or joint deterioration
- Leaves significant scarring or disfigurement
- Prevents a return to the person’s previous job
- Causes a loss of independence
- Occurs together with other serious injuries
Multiple fractures may also indicate that a person experienced significant trauma. In some cases, broken bones occur alongside a concussion, brain injury, spinal cord injury, internal injury, psychological trauma, or chronic pain condition.
Fractures Requiring Surgery
Some fractures cannot be treated with a cast or splint alone.
Surgery may be needed to reposition the bones, stabilize the fracture, repair the joint, treat an open wound, or protect surrounding tissues.
Surgical treatment may involve:
- Plates
- Screws
- Rods
- Pins
- Wires
- External fixation devices
- Bone grafting
- Joint reconstruction
- Joint replacement
- Removal or replacement of damaged tissue
Surgery can create additional recovery challenges, including hospitalization, wound care, scarring, infection risk, pain around the surgical site, and the possibility of further procedures.
Some hardware remains in the body permanently. Other hardware may later need to be removed because of discomfort, infection, irritation, movement, or complications.
A proper injury claim should consider both the fracture itself and the consequences of its treatment.
What If the Bone Has Healed but You Have Not Recovered?
An insurance company may focus on an X-ray showing that the fracture has united or healed.
That does not necessarily mean the injured person has returned to their previous condition.
After a fracture, a person may continue to experience:
- Pain
- Stiffness
- Weakness
- Reduced range of motion
- Swelling
- Numbness or tingling
- Sensitivity around surgical hardware
- Difficulty walking
- Reduced grip strength
- Balance problems
- Fatigue
- Fear of falling
- Difficulty lifting or carrying
- Pain with prolonged sitting or standing
- Changes in gait
- Loss of confidence
- Reduced ability to exercise
- Inability to return to previous work duties
The important question is not simply whether the bone joined together. The question is whether the person recovered their previous level of function.
Possible Complications of a Fracture
Some broken bones heal without significant complications. Others lead to additional medical problems that lengthen recovery or create permanent limitations.
Potential complications may include:
Delayed union
The fracture takes longer than expected to heal.
Nonunion
The broken pieces of bone fail to heal together properly.
Malunion
The bone heals in an incorrect position, potentially causing deformity, altered movement, or uneven stress on nearby joints.
Infection
Open fractures and surgical fractures may develop infections requiring antibiotics, additional procedures, or removal of hardware.
Post-traumatic arthritis
Damage to a joint surface can lead to arthritis, pain, stiffness, and reduced movement over time.
Nerve damage
A fracture or surgery may injure nearby nerves, leading to numbness, weakness, burning pain, tingling, or reduced function.
Vascular damage
Damage to nearby blood vessels may affect circulation and tissue health.
Chronic pain
Pain may continue after the fracture has healed and can affect sleep, work, mood, movement, and everyday life.
Complex regional pain symptoms
Some injured people develop severe, persistent pain, sensitivity, swelling, colour or temperature changes, and reduced use of the affected limb.
Muscle loss and weakness
Immobilization and inactivity can cause significant loss of strength and endurance.
Scarring and disfigurement
Open fractures and surgery can leave permanent scars or visible changes to the body.
These complications can substantially increase the effect and value of a legal claim.
Broken Wrist, Hand, and Arm Injuries
Fractures of the wrist, hand, forearm, elbow, shoulder, or upper arm can interfere with nearly every part of daily life.
An injured person may have difficulty:
- Typing
- Writing
- Driving
- Dressing
- Cooking
- Lifting
- Carrying children
- Performing personal care
- Using tools
- Operating machinery
- Completing household tasks
- Returning to physical or office-based employment
The effect can be particularly significant when the fracture involves the dominant hand or arm.
Even a fracture that appears small on imaging may create major limitations for a tradesperson, healthcare worker, hairstylist, office worker, musician, athlete, caregiver, or anyone whose occupation depends on fine motor control, grip strength, or repetitive movement.
Hip and Pelvic Fractures
Hip and pelvic fractures can be severe injuries, particularly for older adults.
These injuries may require surgery, hospitalization, inpatient rehabilitation, walking aids, home care, or a temporary or permanent change in living arrangements.
A hip or pelvic fracture may affect:
- Walking
- Balance
- Stairs
- Driving
- Dressing
- Bathing
- Toileting
- Household maintenance
- Community participation
- A person’s ability to live independently
An older person who lived independently before a fall may require significant family or professional support afterward.
The legal claim should consider the loss of independence, increased care needs, rehabilitation, reduced mobility, and the effects on the entire family.
Leg, Knee, Ankle, and Foot Fractures
Lower-body fractures can make it difficult or impossible to bear weight, walk, stand, drive, climb stairs, or return to work.
These injuries may involve:
- Femur fractures
- Tibia or fibula fractures
- Kneecap fractures
- Ankle fractures
- Heel fractures
- Midfoot fractures
- Toe fractures
- Fractures extending into the knee or ankle joint
Recovery may require crutches, a walker, wheelchair use, physiotherapy, occupational therapy, or modifications to the home.
A person whose work requires standing, walking, climbing, kneeling, driving, or carrying may face lengthy absences or permanent restrictions.
Even after returning to work, the person may require reduced hours, lighter duties, extra breaks, or a different occupation.
Spinal Fractures
A fracture of the vertebrae can range from a stable compression fracture to a severe injury involving nerve damage, instability, or spinal cord impairment.
Possible consequences include:
- Back or neck pain
- Reduced movement
- Difficulty sitting or standing
- Numbness or weakness
- Nerve pain
- Balance problems
- Loss of mobility
- Surgery
- Bracing
- Chronic pain
- Spinal cord injury
- Paralysis
Spinal fracture claims require careful evaluation of neurological symptoms, mobility, future degeneration, treatment needs, and the person’s ability to return to work and ordinary activities.
Facial, Jaw, and Skull Fractures
Facial and skull fractures can affect appearance, vision, hearing, breathing, eating, speech, and psychological well-being.
These injuries may result in:
- Permanent scarring
- Facial asymmetry
- Dental damage
- Jaw problems
- Difficulty chewing
- Vision problems
- Loss of smell or taste
- Nerve damage
- Headaches
- Concussion or traumatic brain injury
- Emotional distress
- Social anxiety or embarrassment
Treatment may involve reconstructive surgery, dental work, plates or screws, specialist care, and psychological support.
The claim should consider both functional consequences and the emotional impact of visible injuries or disfigurement.
Fractures in Older Adults
A fracture can have especially serious consequences for an older adult.
Age, osteoporosis, reduced balance, or other health conditions may make a person more vulnerable to injury. This does not mean that the negligent party is relieved of responsibility.
A fall that causes a hip, wrist, pelvis, shoulder, or spinal fracture may lead to:
- Surgery
- Hospitalization
- Reduced mobility
- Loss of confidence
- Fear of falling
- Increased dependence
- Home care
- Family caregiving
- A move to assisted living
- Loss of previous activities
- Worsening of other health conditions
The legal claim should compare the person’s actual function and independence before and after the accident.
The fact that another person might have suffered a less serious injury in the same accident does not erase the consequences experienced by the injured individual.
Why Fracture Claims Can Be Challenging
A fracture may seem objectively clear because it appears on an X-ray. However, disputes can still arise over the seriousness and long-term effect of the injury.
An insurance company may argue that:
- The fracture has healed
- The person should have returned to work
- Ongoing pain is unrelated to the fracture
- Surgery corrected the problem
- Pre-existing arthritis or osteoporosis caused the limitations
- The person’s recovery should have been faster
- Modified work was available
- Treatment is no longer necessary
- The person is capable of more activity than reported
- Future complications are speculative
These arguments often focus too narrowly on the bone itself.
A strong fracture claim documents the complete functional impact of the injury, including pain, mobility, work, household responsibilities, treatment, psychological effects, future risks, and the assistance required from family members.
What Evidence Can Support a Broken Bone Injury Claim?
Important evidence may include:
- Ambulance records
- Emergency department records
- X-rays, CT scans, and MRI reports
- Hospital records
- Operative reports
- Orthopaedic surgeon records
- Family doctor records
- Physiotherapy records
- Occupational therapy assessments
- Pain clinic records
- Medication history
- Photographs of the injury
- Photographs of casts, braces, wounds, or scars
- Rehabilitation records
- Employment records
- Records of missed work
- Modified-duty documentation
- Income and tax records
- Receipts for treatment and equipment
- Records of assistance provided by family members
- A pain and activity journal
- Witness statements
- Evidence showing the activities the person can no longer perform
The medical diagnosis establishes the fracture. The remaining evidence helps demonstrate what the fracture has cost the injured person.
The Effect of a Fracture on Work and Income
The financial consequences of a broken bone depend heavily on the injured person’s occupation.
A person may be unable to work because they cannot:
- Stand or walk
- Sit comfortably
- Drive
- Lift or carry
- Use tools
- Type or write
- Climb
- Kneel or crouch
- Operate machinery
- Perform repetitive movements
- Work safely while taking pain medication
- Complete a full shift without increased symptoms
Some injured people return to modified duties but cannot resume their previous productivity, hours, overtime, or career path.
Others may require retraining or a change in occupation.
A fracture claim may therefore involve not only wages already lost, but also reduced future earning capacity, lost opportunities, pension effects, or the inability to continue a physically demanding career.
What Compensation May Be Available?
The compensation available depends on how the accident occurred, who was responsible, the applicable insurance coverage, and the effect of the injury on the individual.
A fracture or broken bone claim may include compensation for:
- Pain and suffering
- Loss of enjoyment of life
- Past income loss
- Future loss of earning capacity
- Medical and rehabilitation expenses
- Physiotherapy
- Occupational therapy
- Psychological treatment
- Medication
- Mobility aids
- Braces and assistive devices
- Attendant care
- Housekeeping and home maintenance losses
- Transportation expenses
- Home modifications
- Future surgery
- Future treatment
- Scarring and disfigurement
- Out-of-pocket expenses
- Claims available to certain family members
The value of a claim cannot be determined by the name of the fractured bone alone.
The assessment must consider the severity of the break, treatment, complications, recovery, work, function, future risks, and effect on the person’s life.
Accident Benefits After a Motor Vehicle Fracture
A person who breaks a bone in a car, motorcycle, pedestrian, bicycle, or other motor vehicle accident may have access to accident benefits through an automobile insurer.
Depending on the insurance policy, accident date, injuries, and circumstances, benefits may address:
- Medical treatment
- Rehabilitation
- Physiotherapy
- Occupational therapy
- Mobility devices
- Attendant care
- Income loss
- Other accident-related needs
There may also be a claim against the driver or other party responsible for the accident.
The accident benefits claim and the claim against the at-fault party involve different rules and should be considered together.
Lamont Law can help identify which claims and insurance benefits may be available.
What Should You Do After Suffering a Broken Bone?
Get appropriate medical attention
Fractures require prompt diagnosis and treatment. Attend follow-up appointments and report new or worsening symptoms.
Follow treatment recommendations
Use casts, braces, walking aids, medication, and rehabilitation as directed. Discuss any barriers to treatment with your healthcare providers.
Describe your functional limitations
Tell your treatment providers what you cannot do, what causes pain, and what assistance you require.
Keep copies of your records
Save discharge documents, appointment information, prescriptions, work notes, treatment plans, receipts, mileage, and insurance correspondence.
Photograph the injury and recovery
Photographs of swelling, bruising, casts, surgical wounds, scars, braces, and mobility devices can help preserve evidence of the recovery process.
Document missed work
Keep records of absences, reduced hours, modified duties, lost overtime, and employment changes.
Record assistance from family members
Keep track of help with transportation, personal care, meals, childcare, shopping, housekeeping, and home maintenance.
Preserve evidence from the accident
Save photographs, witness information, incident reports, vehicle information, surveillance details, and communications with the property owner or insurer.
Avoid settling too early
The long-term effect of a fracture may not be known until healing, rehabilitation, and attempts to return to work have progressed.
Speak with a fracture injury lawyer
Early advice can help protect evidence, identify deadlines, and prevent avoidable mistakes.
How Lamont Law Helps Broken Bone Injury Victims
Lamont Law helps injured people and families navigate the legal and insurance process after serious accidents.
We can help by:
- Investigating how the accident occurred
- Identifying the parties responsible
- Preserving photographs, video, records, and witness evidence
- Communicating with insurance companies
- Gathering medical and rehabilitation records
- Documenting surgery and future treatment
- Assessing lost income
- Evaluating future earning limitations
- Documenting assistance provided by family members
- Reviewing accident benefits
- Responding to arguments about healing or pre-existing conditions
- Obtaining appropriate expert evidence
- Explaining settlement offers
- Preparing the case for litigation when necessary
- Pursuing compensation that reflects the complete effect of the injury
Our goal is to understand how the fracture affected the individual person—not simply how it appears on an X-ray.
Broken Bones After a Car Accident
Car accidents can cause fractures when a person strikes part of the vehicle, is restrained by a seatbelt, is crushed by vehicle deformation, or is thrown inside or outside the vehicle.
Common car accident fractures include:
- Wrist and arm fractures
- Rib and sternum fractures
- Facial fractures
- Pelvic fractures
- Hip fractures
- Leg and ankle fractures
- Spinal fractures
- Multiple fractures
A serious fracture claim may involve surgery, long-term rehabilitation, lost income, future arthritis, permanent restrictions, and accident benefits.
Lamont Law can help coordinate the insurance and legal claims arising from the collision.
Broken Bones After a Slip and Fall
Falls commonly cause wrist, arm, shoulder, hip, pelvis, ankle, leg, and spinal fractures.
A person may fall because of:
- Ice or snow
- Wet floors
- Uneven pavement
- Broken stairs
- Missing or unsafe railings
- Poor lighting
- Loose mats
- Debris
- Unmarked hazards
- Unsafe parking lots
- Poor property maintenance
Slip-and-fall cases can involve short and technical notice requirements. The condition may also disappear quickly because ice melts, spills are cleaned, defects are repaired, and surveillance footage is deleted.
Photographs, witness information, incident reports, maintenance records, weather evidence, and surveillance footage may become important.
Speak with a lawyer promptly after a fall resulting in a fracture.
Fractures After a Pedestrian, Bicycle, or Motorcycle Accident
Pedestrians, cyclists, and motorcyclists have little physical protection when struck by a vehicle.
These accidents may cause:
- Multiple fractures
- Open fractures
- Crush injuries
- Pelvic and hip fractures
- Leg and ankle fractures
- Arm and wrist fractures
- Facial and skull fractures
- Spinal fractures
- Amputation
- Brain and internal injuries
Investigation may involve witness interviews, surveillance video, vehicle data, collision reconstruction, roadway evidence, helmet evidence, and driver conduct.
The injured person may also require immediate assistance accessing treatment, rehabilitation, income support, mobility devices, and attendant care.
Fractures Caused by Medical Negligence
In some circumstances, a fracture may be caused or worsened by medical negligence.
Examples may include:
- Failure to diagnose a fracture
- Delay in treating an unstable fracture
- Improper reduction or surgical treatment
- Failure to identify infection
- Failure to recognize nerve or vascular compromise
- Unsafe patient handling
- Falls in hospitals or care facilities
- Failure to take reasonable fall-prevention measures
- Surgical complications caused by substandard care
An unsuccessful outcome does not automatically mean that negligence occurred.
Medical negligence claims require careful review of the records, treatment decisions, standard of care, and the relationship between the conduct and the resulting harm.
Contact a Fracture and Broken Bone Injury Lawyer at Lamont Law
If you or a family member suffered a broken bone because of an accident or another person’s negligence, you do not have to deal with the legal and insurance process alone.
Lamont Law understands that the consequences of a fracture can continue long after the cast is removed.
We listen to our clients, gather the evidence, deal with insurance companies, and pursue compensation that reflects the full effect of the injury on work, mobility, independence, family life, and the future.
Contact Lamont Law today for a free consultation with a fracture and broken bone injury lawyer.
Fracture and Broken Bone Injury Lawyer FAQ
Have questions about fracture or broken bone claims after an accident? Below are answers to common questions we hear from clients and families.
Yes. “Fracture” is the medical term for a broken bone. Fractures can range from small cracks to complete breaks involving displacement, multiple fragments, open wounds, or joint damage.
You may be able to pursue a claim when another person’s negligence caused the accident and fracture. Depending on the circumstances, there may also be insurance benefits available.
A healed bone does not necessarily mean that you have fully recovered. Ongoing pain, stiffness, weakness, scarring, reduced movement, lost income, arthritis risk, or permanent limitations may remain relevant to the claim.
Surgery is one factor that may affect the value of a claim, but it is not the only factor. The assessment also considers the type of fracture, complications, pain, recovery, scarring, lost income, future treatment, permanent impairment, and effect on daily life.
The presence of hardware, discomfort, possible removal, scarring, future treatment, and related limitations may all be relevant. Compensation is not awarded merely because hardware was used; the overall consequences must be considered.
A pre-existing condition does not automatically prevent a claim. The legal analysis considers whether the accident caused the fracture and how it affected the particular person. Medical evidence comparing your condition and function before and after the accident may be important.
Healing times vary, and the union of the bone does not necessarily restore strength, movement, endurance, or function. Medical records, rehabilitation evidence, employment records, and documentation of ongoing limitations can help demonstrate the true recovery.
Potentially. A claim may be available if unsafe property conditions or inadequate maintenance caused the fall. These cases can have short notice requirements, particularly where snow, ice, municipal property, or public roads are involved.
Potentially. Accident benefits may help address medical, rehabilitation, attendant care, income, or other needs depending on the policy, accident date, and circumstances. There may also be a claim against the at-fault party.
There is no fixed value. The assessment may consider the location and severity of the fracture, surgery, complications, recovery time, pain, scarring, lost income, future earning capacity, treatment needs, permanent limitations, and effect on daily life.
Many Ontario injury claims are subject to a basic two-year limitation period that generally runs from discovery of the claim. However, shorter notice periods, insurance deadlines, and exceptions can apply. Speak with a lawyer promptly rather than relying on a general deadline.
Many cases resolve through negotiation or mediation. Some require litigation or trial. The case should be prepared carefully so that you can make an informed decision about any settlement offer.
Lamont Law offers a free initial consultation. In most personal injury matters, there are no legal fees upfront, and fees are addressed through a contingency fee agreement that will be explained before you decide whether to proceed.
Get a Free Case Consultation
At Lamont Law, we are dedicated to helping you navigate your broken bone injury claim with compassion and expertise. Fill out the form below, and one of our experienced team members will contact you for a free, no-obligation consultation. We’re here to listen, provide guidance, and ensure you get the support you need to move forward with confidence.
*The use of this form for communication with the firm or any individual member of the firm does not establish a solicitor-client relationship.