Broken Bone Injury Lawyer in Hamilton | Fracture Claims in Ontario
A broken bone is not a minor injury. In Ontario, you may be entitled to compensation if your fracture was caused by someone else’s negligence—in a car accident, for example. I’m a Hamilton broken bone injury lawyer who has been fighting insurers since 1995. Call me at 905-769-0418 for a free consultation.
What Counts as a Broken Bone Injury Claim in Ontario?
You may have a claim if someone else’s negligence caused your fracture and the injury has affected your health, income, or independence.
Medically, a fracture and a broken bone are the same thing—there is no such thing as a break that is “worse than” a fracture. What matters is how the injury happened and how it continues to affect your life.
As a Hamilton personal injury lawyer, I often work with people who have been told, “It’s only a broken bone.” A fracture may heal on an X-ray, but that does not mean the person has recovered. Someone with a “fully healed” tibia may still be unable to stand through an entire work shift or take care of their child.
A fracture can change your life by causing:
- Time away from work, and in some cases ending your ability to work.
- Surgery, including permanent plates, rods, screws, or other hardware, along with future procedures to remove or revise that hardware.
- Chronic pain, reduced range of motion, weakness, stiffness, and joint instability.
- Post-traumatic arthritis that can develop months or years after the fracture has healed.
- Loss of independence.
- Anxiety, depression, sleep disruption, and a loss of confidence following a serious injury.
In Hamilton, fractures commonly result from:
- Motor vehicle collisions, particularly side-impact crashes and rollovers.
- Slip and falls on icy sidewalks, parking lots, or poorly maintained property.
- Pedestrian and cyclist collisions.
- Motorcycle accidents.
- Workplace incidents.
- Falls from ladders, roofs, scaffolding, and other heights.
If another person’s negligence caused an injury that continues to affect your life, you may have a claim.
Is a Broken Bone Considered a Serious Injury in Ontario?
It can be. However, “serious” has a specific legal meaning in Ontario motor vehicle accident claims. A fracture that appears to have healed may still qualify if it causes a permanent serious impairment of an important physical, mental, or psychological function. Read the compensation section below to understand how the legal test works.
Why Trust Derek Wilson for Your Broken Bone Injury Claim in Hamilton
I began my legal career representing insurance companies. I know exactly how they often undervalue broken bone claims because I helped structure those arguments. Today, I use that insider knowledge exclusively to protect injured people from the strategies insurers rely on to minimize compensation.
When you work with me, your file is not handed to junior lawyers or shuffled between different members of a large legal team. I deliberately maintain a limited caseload so I can remain personally involved throughout the whole of your case.
I have practiced personal injury and insurance litigation since 1995. I work on a contingency fee basis, which means you pay no upfront legal fees unless I recover compensation for you.
I have been recognized in The Best Lawyers in Canada for 2025 and 2026, and my firm has been recognized as Best Law Firms – Regional Tier 1. I am a member of the Law Society of Ontario and the Hamilton Law Association.
My office is located at 19 Bold Street, Unit 1, Hamilton, minutes from the John Sopinka Courthouse. I regularly represent clients throughout Hamilton, Stoney Creek, Ancaster, Dundas, Burlington, Grimsby, Brantford, Cambridge, and communities across the Golden Horseshoe.
If you’ve suffered a broken bone because of someone else’s negligence, call 905-769-0418 to speak with me directly in a free consultation.
Do I Have To Pay Anything Upfront To Hire a Broken Bone Lawyer in Hamilton?
No. You do not pay legal fees unless I recover compensation for you.
Types of Fractures and Why Severity Drives Your Claim
Not all fractures are equal in the eyes of a court or an insurer:
Fracture Type | What It Means | Why It Matters to Your Claim |
Hairline / stress fracture | A partial crack in the bone | Often heals well but can still result in ongoing pain and time away from work. |
Displaced fracture | The broken bone ends have separated | Frequently requires reduction and is more likely to require surgery. |
Comminuted fracture | The bone shatters into multiple fragments | Usually results from high-energy trauma and often requires hardware and lengthy rehabilitation. |
Compound (open) fracture | The bone breaks through the skin | Carries a higher risk of infection, multiple surgeries, permanent scarring, and prolonged recovery. |
Intra-articular fracture | The break extends into a joint | Strongly associated with post-traumatic arthritis and permanent loss of joint function. |
Non-union / malunion | The bone fails to heal or heals in an improper position | Often indicates a long-term or permanent impairment requiring additional treatment. |
Some fractures are particularly life-changing:
- Skull: May be associated with traumatic brain injuries and lasting neurological problems.
- Spine and vertebrae: Can cause chronic pain, nerve damage, or permanent disability.
- Pelvis: Frequently requires lengthy rehabilitation and significantly affects mobility.
- Hip: Often results in permanent loss of independence for seniors.
- Femur: Fractures typically result from significant trauma and require extensive recovery.
- Tibia and fibula: Weight-bearing bones that can affect walking, standing, and future employment.
- Wrist and hand: Fractures here can affect the career of anyone who relies on fine motor skills.
- Ankle: May cause long-term instability and difficulty walking on uneven surfaces.
- Ribs: Can interfere with breathing and may be accompanied by internal organ injuries.
- Clavicle: Can permanently affect shoulder strength and range of motion.
Treatment is another important indicator of severity. Depending on the fracture, treatment may include closed reduction, immobilization, open reduction and internal fixation (ORIF), and other intensive treatment.
Which broken bones lead to the largest injury claims?
The largest broken bone injury claims typically involve fractures that cause permanent impairment rather than those that simply take longer to heal.
Who Is Liable for a Broken Bone Injury in Ontario?
Liability depends on how the fracture happened. A broken bone caused by a motor vehicle collision is governed by a different legal framework than other accidental fractures.
Motor Vehicle, Motorcycle, Bicycle, and Pedestrian Collisions
If your fracture was caused by a motor vehicle collision, Ontario operates under a hybrid insurance system. You may be entitled to receive statutory accident benefits from your own insurer regardless of who caused the crash, and you may also have the right to bring a lawsuit against the at-fault driver.
To succeed in that lawsuit, you and your Hamilton car accident lawyer must prove negligence on a balance of probabilities. Pedestrians and cyclists also receive additional legal protection under section 193 of the Highway Traffic Act, which places a reverse onus on the driver in many cases.
Slip and Falls
Property owners and occupiers have a legal duty under Ontario’s Occupiers’ Liability Act to take reasonable care to keep visitors reasonably safe. If your injury resulted from a slip and fall on snow or ice, written notice generally must be provided within 60 days, and claims involving municipal property, such as a City of Hamilton sidewalk, are subject to additional strict notice requirements. Working with a slip and fall lawyer in Hamilton to meet these deadlines can prevent an otherwise valid claim.
Workplace Fractures
A fracture suffered at work does not automatically mean you cannot pursue compensation beyond WSIB benefits. Claims involving negligent subcontractors, defective equipment or products, or motor vehicle collisions at a worksite may create additional legal rights. Because every workplace accident is different, it is important to have the circumstances reviewed before assuming you have no claim.
Dog Bites, Recreational Accidents, and Defective Products
Serious fractures can result from dog attacks, unsafe recreational activities, defective products, collapsing equipment, or other negligent conduct. Determining liability depends on the facts of each case.
Contributory Negligence
Under Ontario’s Negligence Act, being found partially at fault generally reduces your compensation in proportion to your share of responsibility. It does not automatically prevent you from making a claim.
Can I Sue for a Broken Bone if I Slipped and Fell on Ice in Hamilton?
Yes, provided another party’s negligence contributed to the fall.
Can I Claim Compensation if I Was Partly at Fault for My Broken Bone?
Yes, but if you are found partly at fault, your compensation may be reduced in proportion to your responsibility.
Compensation for a Broken Bone Injury in Ontario
What you can recover for a broken bone in Ontario depends on how the fracture happened.
Depending on the circumstances, compensation may include:
- Pain and suffering (non-pecuniary general damages)
- Past and future income loss, including loss of earning capacity
- Future care costs, including additional surgery, hardware removal, physiotherapy, occupational therapy, assistive devices, and home modifications
- Out-of-pocket expenses and treatment costs not covered by OHIP, such as physiotherapy, most prescription medications, psychological counselling, and mobility aids
- Housekeeping and home maintenance losses
- Family Law Act claims brought by eligible spouses, children, and parents for the impact the injury has had on their relationship with the injured person
If your fracture resulted from a motor vehicle collision, there are two important legal hurdles that many people do not learn about until they receive a disappointing settlement offer:
- The verbal threshold
To recover damages for pain and suffering, your injury must meet Ontario’s legal threshold by constituting a permanent serious impairment of an important physical, mental, or psychological function. Successfully showing this often requires detailed medical evidence and functional evidence showing what you can no longer do. Evidence of a broken bone is not enough.
- The statutory deductible
Even if the threshold is met, a significant statutory deductible may still apply. For 2026, the deductible for non-pecuniary damages is $47,913.01. It disappears only when the award exceeds $159,708.71, with these figures indexed annually by the Financial Services Regulatory Authority of Ontario (FSRA). Separate, smaller deductibles apply to qualifying Family Law Act claims.
The result of these two legal hurdles is that someone may successfully prove liability, establish meaningful damages for a serious fracture, and still recover considerably less than expected. That is why properly developing the medical, vocational, and functional evidence in a fracture case is often more important than the fracture itself.
Crucially, these threshold and deductible rules apply to motor vehicle accident claims only.
Motor vehicle claims also involve Ontario’s Minor Injury Guideline (MIG) for accident benefits. While insurers sometimes attempt to classify injuries under the MIG—which significantly limits available medical and rehabilitation funding—a genuine fracture generally falls outside the Guideline. If an insurer improperly applies the MIG, that decision should be carefully reviewed and, where appropriate, challenged with medical evidence.
How Much Compensation Can I Get for a Broken Bone in Ontario?
I do not provide average figures because they are misleading. The value of a fracture claim depends on factors such as the permanence of the injury, whether surgery and hardware were required, joint involvement, income loss, future care needs, degree of fault, and the insurance coverage available.
Why Is My Broken Bone Settlement Offer So Low?
Insurance companies often work on the assumption that a healed bone equals a full recovery. A lawyer can help you explore options for a larger settlement.
What to Do After a Broken Bone in Hamilton
If you’ve suffered a broken bone, take these steps to protect your recovery:
- Get medical attention immediately and return for reassessment if pain continues.
- Follow every recommended treatment, because insurance companies use any gaps in treatment against you
- Photograph the accident scene from multiple angles
- Provide written notice promptly, especially if you slipped on snow or ice.
- Obtain witness information.
- Keep your financial records to establish your financial losses.
- Notify your insurer if a motor vehicle was involved. T
- Avoid giving recorded statements or signing releases without legal advice.
- Speak with a lawyer as soon as possible.
If you’re not sure what to do, contact my law office for a free consultation.
How Long Do I Have to File a Broken Bone Injury Claim in Ontario?
Ontario’s basic limitation period is generally two years, but insurance deadlines and notice requirements can arise much sooner.
Speak With Hamilton Broken Bone Injury Lawyer Derek Wilson — Free Consultation, No Fees Until We Recover
If someone else’s negligence caused your broken bone injury, contact me for a free, no-obligation consultation. I’ll personally review your case, and there are no upfront legal fees.
From my Hamilton office at 19 Bold Street, Unit 1, I proudly represent clients throughout Hamilton and the Golden Horseshoe.
Contact me or call 905-769-0418 today.
I get results. Period.
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