Orthopedic & Fracture Injury Lawyers in Ontario
A broken bone is not a "minor injury," no matter what an insurer's first letter says. Azimi Law and Naimark Law Firm are Ontario trial lawyers who fight to keep fracture and orthopedic claims out of the Minor Injury Guideline cap and pursue the full value of surgery, hardware, lost mobility, and the arthritis that so often follows.
A Fracture Is Not a Minor Injury — and We Make the Insurer Prove It.
Bones break in an instant, but the consequences can last a lifetime. A clean fracture that heals well is one thing; a comminuted break that shatters into multiple fragments, a joint that is crushed, or a fracture that requires plates, screws, and rods is another entirely. Many orthopedic injuries leave people with permanent stiffness, weakness, chronic pain, and reduced range of motion — and a high percentage of joint fractures lead to post-traumatic arthritis years down the road. These are serious, lasting injuries that deserve to be treated as such.
In auto cases especially, insurers often try to slot fracture victims into the Minor Injury Guideline, which caps medical and rehabilitation benefits at just $3,500. That category exists for sprains, strains, and whiplash-type injuries — not for broken bones. A fracture is, by definition, not a minor injury, and pushing it into the MIG is a way to limit treatment funding before the real recovery has even begun. We challenge that classification head-on so your treatment is not artificially cut short.
Ryan Naimark spent roughly two decades defending insurance companies, which means he has seen the playbook from the inside — how a fracture gets minimized, how an adjuster argues a "good recovery," and how future complications get ignored. He now turns that experience to the advantage of the injured. With Ben Azimi advancing the case in the courtroom, our clients get the benefit of both perspectives.
Orthopedic injuries come from many sources, and the cause sets the legal route. If a motor vehicle was involved, you have both an accident benefits claim and a tort claim against the at-fault driver, governed by the threshold and deductible rules. A fall on unsafe property may engage occupiers' liability; a workplace or third-party incident, a defective product, or a sports or recreational injury may give rise to a negligence claim against whoever was responsible. We identify the right framework and pursue every avenue of recovery.
No Win. No Fee. Our legal fee is a percentage of what we recover. The firm funds the disbursements needed to build your case. If there is no recovery, you owe nothing for legal fees.
Types of Orthopedic & Fracture Cases We Handle
Orthopedic injuries vary widely in severity and cause. The nature of the break and how it happened shape both the medical picture and the legal claim.
Complex & Comminuted Fractures
When a bone breaks into several pieces, healing is longer and less predictable. These injuries often require surgical reconstruction, carry a higher risk of complications, and can leave permanent deficits — facts we document carefully to defeat any claim that the injury was minor.
Joint Injuries & Dislocations
Damage to the knee, shoulder, elbow, hip, or ankle can affect a joint for life. Dislocations and intra-articular fractures frequently lead to instability, stiffness, and post-traumatic arthritis that worsens over time.
Surgical Hardware Cases
Plates, screws, rods, and pins hold shattered bones together, but they bring their own consequences — hardware pain, the prospect of removal surgery, and a permanently altered limb. We account for both the original procedure and any future operations.
Falls on Unsafe Property
A fracture caused by ice, a broken stair, or a hazard a property owner should have addressed may give rise to an occupiers' liability claim. These cases carry short, strict notice deadlines that differ between private and municipal property.
Workplace & Third-Party Incidents
Where a non-employer or another party caused a fracture — through unsafe premises, defective equipment, or negligent operation — a civil claim may proceed alongside any workplace benefits.
Sports, Recreation & Products
Recreational activities and defective equipment cause many serious fractures. Where a faulty product or another person's negligence is to blame, a claim in negligence or product liability may be available against those responsible.
Compensation Available After an Orthopedic Injury
A fracture claim is about more than the cast. We pursue every category of compensation that the applicable framework allows, including the long-term consequences.
Medical & Rehabilitation
Funding for surgery, hardware, physiotherapy, bracing, and assistive devices. We fight improper Minor Injury Guideline classifications so your treatment is not capped at $3,500 when your injury falls well outside that category.
Income Replacement
Accident benefits can replace part of your lost income while you recover, and a tort claim can recover past and future income loss in full where another party is at fault — important when a fracture keeps you out of physical work.
Future Care Costs
Many orthopedic injuries require care for years: hardware removal, joint replacement, ongoing therapy, and management of post-traumatic arthritis. We project those costs so they are part of your recovery.
Pain & Suffering
Non-pecuniary damages for the impact of the injury on your life. In an auto case, a serious fracture with permanent consequences can meet the legal threshold for these damages.
Loss of Earning Capacity
Where a fracture permanently limits your ability to perform your trade or profession, you may recover for the reduction in your long-term earning capacity, including retraining where needed.
Attendant Care & Housekeeping
A fracture that limits mobility can require help with personal care and home maintenance during recovery. These benefits and damages compensate for the assistance you need while you heal.
The Legal Process & Critical Deadlines
Orthopedic claims often hinge on early classification and evidence. The deadlines depend on how the injury happened, so the first call you make is the most important one.
Get Proper Medical Care
Follow your treatment plan and attend follow-ups. A consistent medical record documents the fracture, the surgery, and any lasting deficits — the evidence that proves your injury is not minor.
Challenge a Minor Injury Classification
If an auto insurer tries to place a fracture in the Minor Injury Guideline, we contest that designation so your medical and rehabilitation funding is not improperly capped at $3,500.
Identify the Cause & the Deadlines
We determine whether the claim is governed by the auto framework, occupiers' liability, product liability, or general negligence — because each carries its own notice requirements and timelines.
Document the Long-Term Picture
We retain orthopedic and cost-of-care experts to address future surgeries, hardware removal, joint replacement, and the risk of post-traumatic arthritis.
Negotiate From Strength — or Go to Trial
We work toward a full settlement but prepare every file for court. That readiness is what stops insurers from treating a serious fracture as a minor one.
Watch the deadlines. Most claims in Ontario must be started within two years under the Limitations Act, 2002. A slip or fall on private property carries a 60-day written-notice requirement, while a fall on municipal property such as a city sidewalk requires written notice within just 10 days. Call before a deadline decides your case for you.
Why Injured Clients Choose Azimi Law & Naimark Law Firm
We Know How Fractures Get Downplayed
Ryan Naimark spent 20 years defending insurers and watching serious injuries get minimized. We use that insight to prove the full, lasting impact of your fracture.
We Are Trial Lawyers
We prepare orthopedic cases for the courtroom, with the medical evidence to back the long-term consequences. That preparation moves insurers off lowball offers.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm join forces so your file carries the resources and experience of two established Ontario trial practices.
No Win, No Fee
You pay nothing up front and no legal fees unless we recover for you. We fund the cost of building your case.
Frequently Asked Questions
The insurer says my fracture is a "minor injury." Is that right?+
No. The Minor Injury Guideline is meant for sprains, strains, and whiplash-type injuries, and it caps medical and rehabilitation benefits at $3,500. A fracture is, by definition, not a minor injury. Insurers nonetheless try to place fracture victims in the MIG to limit treatment funding. We challenge that classification so your care is not cut short before you have recovered.
What is the Minor Injury Guideline cap?+
In Ontario auto claims, the Minor Injury Guideline limits medical and rehabilitation benefits to $3,500 for injuries that fall within its definition of minor. Serious injuries, including fractures, fall outside the MIG and are entitled to higher limits. Getting your injury correctly classified at the outset can make a significant difference to the treatment available to you.
My fracture healed, but I still have pain and stiffness. Do I have a claim?+
Likely yes. Many fractures heal on imaging while leaving permanent stiffness, weakness, chronic pain, or a real risk of post-traumatic arthritis. The lasting impact on your function and your life is exactly what a claim is meant to address, and we document those long-term consequences with appropriate medical evidence.
I fractured a bone in a fall. How long do I have to act?+
It depends on where you fell. A fall on private property due to snow or ice carries a 60-day written-notice requirement to the occupier or snow-removal contractor, while a fall on municipal property such as a city sidewalk requires written notice within just 10 days. The general two-year limitation also applies. Because these deadlines are short and strict, call as soon as you can.
Will I need future surgery, and is that covered?+
Some orthopedic injuries require later operations — hardware removal, revision surgery, or eventual joint replacement. Where future procedures are reasonably anticipated, their cost is part of the future-care claim. We retain orthopedic and cost-of-care experts to address what your injury is likely to require down the road.
Ontario's accident benefits are changing on July 1, 2026 — how does that affect me?+
As of July 1, 2026, Ontario is making several accident benefits optional rather than automatic. Medical, rehabilitation, and attendant care remain mandatory, while benefits such as income replacement may depend on the coverage purchased. The benefits available to you generally depend on the policy in force on the date of your accident. We review your coverage carefully and pursue every benefit you are entitled to claim.
What if my fracture was caused at work or by a defective product?+
Where a third party — such as a non-employer, a contractor, or the manufacturer of defective equipment — contributed to the injury, a civil claim in negligence or product liability may be available, sometimes in addition to workplace benefits. We review how the fracture happened and identify every party who may share responsibility.
What does it cost to hire you?+
Nothing up front. We work on a contingency fee basis, so our legal fee is a percentage of what we recover for you, and the firm funds the disbursements required to advance your case. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Broke a Bone in an Accident? A Fracture Is Not Minor.
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