Vertebral compression fracture accident lawyer

A compression fracture is a collapse of a vertebral body, usually from an axial load — a fall landing on the feet or buttocks, or a heavy vertical impact in a collision. Unlike disc injuries it is unambiguous on imaging, which removes the usual argument. What replaces it is a dispute about whether the person’s bone quality, rather than the incident, was responsible. Law Offices Of SRIS, P.C. handles spinal injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

Radiographs identify loss of vertebral height; CT characterizes the fracture pattern and whether the back wall of the vertebral body is involved, which determines stability and whether bone fragments encroach on the canal. MRI distinguishes an acute fracture from an old healed one through bone marrow oedema, which is present in a recent injury and resolves over months — this is often the decisive evidence where the fracture’s age is disputed.

Why this injury meets the legal threshold

A fracture is objective injury and its presence is not arguable. Where the fracture is acute on MRI, the timing question is answered objectively. Loss of vertebral height is measurable, and any resulting change in spinal alignment is documentable on standing films.

Typical treatment course and prognosis

Stable fractures are usually managed without surgery — bracing, analgesia and gradual mobilisation, with healing over weeks to months. Vertebral augmentation, in which cement is injected into the collapsed body, is used in selected cases. Unstable fractures, or those with canal compromise or neurological deficit, require surgical stabilisation. Recognized long-term consequences include persistent pain, loss of height, kyphotic deformity where several vertebrae are affected, and increased load on adjacent levels.

How insurance carriers attack this diagnosis

That the fracture is osteoporotic rather than traumatic, occurring under a load that would not fracture healthy bone. That it is an old fracture unrelated to the incident. That the person has healed. The bone marrow oedema on MRI is the direct answer to the age question. On bone quality, the answer is that an injured person is generally taken as found — reduced bone density is a vulnerability, not a defense.

Proving the accident caused it

Establish the mechanism, particularly any axial load. Obtain MRI showing acute marrow changes if the timing is contested. Where a fall from height caused the fracture, ensure the heels were also assessed, since calcaneal and spinal fractures commonly occur together and one is frequently missed. Document any residual deformity on standing films and any persistent functional restriction, and address bone density honestly rather than leaving it to be raised.

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 compression fracture?

Collapse of the front portion of a vertebral body under load, causing it to lose height and take on a wedge shape. It typically results from an axial force — landing on the feet or buttocks, or a heavy vertical impact — and it is clearly visible on imaging.

The insurer says it is from osteoporosis. Does that defeat my claim?

No. Reduced bone density makes a fracture more likely under a given force, but it does not cause a fracture without a force. An injured person is generally taken as found, and increased vulnerability to injury is not a defense to having caused it. Expect the argument and expect it to be answered.

How can anyone tell whether the fracture is recent?

MRI shows bone marrow oedema — a bright signal within the fractured vertebra — which is present in an acute fracture and resolves over months as it heals. Its presence is strong evidence that the fracture is recent, and it is frequently the decisive evidence where timing is disputed.

Do I need surgery?

Most stable compression fractures are managed without surgery, with bracing, pain control and gradual mobilisation. Vertebral augmentation with cement is used in selected cases. Surgery is required where the fracture is unstable, where bone encroaches on the canal, or where there is a neurological deficit.

Will I be shorter or stooped afterward?

Loss of vertebral height is permanent, and where several vertebrae are affected it can produce a forward-stooped posture. That change alters the mechanics of the whole spine and increases load on the remaining levels. It should be documented on standing films rather than described generally.

I fell from a height. Should anything else be checked?

Yes — the heels. Axial loading injuries that fracture a vertebra commonly also fracture the calcaneus, and vice versa, and one of the two is frequently missed because attention focuses on the more obvious injury. If you have heel or foot pain that has not been assessed, raise it specifically.

Will the pain go away when it heals?

Many people improve substantially, but persistent pain after compression fracture is common, particularly where height loss was significant or where alignment changed. Because that trajectory takes months to establish, the claim should not resolve before a physician can address permanence.

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, subject to tolling and discovery rules and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

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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