Nonunion malunion fracture accident attorney

Most fractures heal. Some do not, and some heal in the wrong position. A nonunion means the bone has failed to unite; a malunion means it united but crooked, rotated or short. Either turns what was expected to be a months-long recovery into a years-long problem, usually with further surgery, and both are compensable consequences of the original injury. Law Offices Of SRIS, P.C. handles orthopedic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

Serial radiographs are the record: they show whether bridging bone is forming across the fracture over successive visits, and their absence over the expected period is what establishes a nonunion. CT is more definitive where films are equivocal, and can show whether the gap is filled with fibrous tissue rather than bone. For malunion, imaging quantifies the deformity — angulation, rotation and shortening — and comparison with the opposite limb documents the difference objectively.

Why this injury meets the legal threshold

A documented failure of union, or union in a deformed position, is objective injury with an obvious functional consequence and generally requires further surgery. Where revision surgery, bone grafting or osteotomy has been performed, severity is established by the intervention itself.

Typical treatment course and prognosis

Nonunion is generally treated surgically — revision fixation, often with bone grafting to supply biological material, and correction of any mechanical problem in the original fixation. Bone stimulators are used in some cases. Malunion may require osteotomy, in which the bone is deliberately re-broken and realigned. Both involve a second recovery period as long as or longer than the first, and both carry their own risks including infection and further failure to unite.

How insurance carriers attack this diagnosis

That the failure to heal reflects the person’s own conduct — smoking, non-compliance with weight-bearing restrictions, or missed appointments. That it reflects an underlying medical condition rather than the injury. That the second surgery was elective. Where a treating provider’s technique is questioned, the carrier for the original tortfeasor may argue that intervening medical care caused the harm, which opens a separate line of inquiry rather than defeating the claim.

Proving the accident caused it

Establish the original injury and the reason the nonunion or malunion occurred, which is usually multifactorial — the severity of the original fracture, its blood supply, the soft-tissue injury, and mechanical factors. Address personal risk factors honestly rather than leaving them to be raised. Document the additional surgery, the extended recovery, and the residual deformity or symptoms objectively, comparing with the uninjured side.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is a nonunion?

A fracture that has failed to heal within the period normally expected for that bone and that pattern. It is diagnosed on serial imaging showing no progression toward bridging bone, and it generally requires further surgery — often revision fixation with bone grafting — to achieve union.

What is a malunion?

A fracture that has healed, but in a position that is angled, rotated or shortened compared with normal. It can affect appearance, but more importantly it alters the mechanics of the limb and loads the neighbouring joints abnormally, which can produce pain and arthritis over time.

Is a nonunion someone’s fault?

Not usually. It generally reflects the severity of the original injury, the blood supply to that part of the bone, and the extent of soft-tissue damage. Personal factors such as smoking and certain medical conditions increase the risk. Where the original fixation was inadequate, that is a separate question requiring qualified medical opinion.

Will smoking be raised against me?

Probably, because smoking is a recognized risk factor for failure of bone healing. It does not defeat a claim — an injured person is taken as found — but it is better addressed directly than left to be produced as though it were a revelation. If you are able to stop, it also genuinely helps the healing.

What does a second surgery involve?

For nonunion, generally revision of the fixation with bone grafting to provide biological material for healing. For malunion, an osteotomy in which the bone is deliberately divided and realigned, then fixed. Both involve a further recovery period comparable to or longer than the original, and both carry their own risks.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, running from the original injury rather than from the date the nonunion was diagnosed. That is an important distinction and a reason to have the deadline confirmed on your facts without delay.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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