Find a broken bone lawyer in Austin: care, claims and deadlines

Get care right away for a suspected fracture, and call 911 for a possible hip, pelvis or upper leg break. In Austin, Dell Seton is the Level I trauma center. Texas gives you 2 years to sue, but a claim against the City of Austin needs a letter in 45 days.

Last checked November 9, 2026 · Official sources (41)

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Road map of Austin showing Interstate 35, US 183 and Ben White Boulevard, roads Austin Police names for serious crashes
A fall on an Austin sidewalk can mean a 45-day claim letter. Map data © OpenStreetMap contributors.

Where should you go after breaking a bone in Austin?

To an emergency room, fast. Dell Seton Medical Center is a Level I trauma center, St. David's South Austin is Level II, and Dell Children's is the only children's hospital in Central Texas with a Level I designation. A broken hip, pelvis or upper leg is a 911 call.

Treatment can be a cast, or surgery with plates, pins or screws, and cast time depends on the bone. A bone through the skin is an open fracture, which is a reason to head for Dell Seton or the nearest Austin ER at once.

What warning signs mean a cast or fracture is going wrong?

  • Pain far worse than the injury seems to explain.
  • A cast or bandage that feels tight on the limb.
  • Muscle loss or loss of function later, which compartment syndrome can cause.
  • A break that reaches a joint, which can raise arthritis risk more than 20-fold.

Go back to the doctor or an Austin ER the same day if the first two happen. These are medical facts, and they are also what your records need to show.

Where do broken bones in Austin usually come from, and who answers for them?

Cause in AustinWho may be responsibleLocal detail
Car crashThe at-fault driver and insurerTxDOT counted 309 serious injuries in 2025
Sidewalk or trailThe city for its sidewalks and trails; owners for obstructionsThe city says it repairs select sidewalks and trails; owners must clear obstructions
WorkEmployer, if it carries workers' comp24% of Texas employers had none in 2024
Pool or parkThe operatorBarton Springs posts early hours as swim at your own risk

In a city presentation, Austin counts 1,500 miles of missing sidewalk. The city lists scooters, basketball goals, parked vehicles and mailboxes as common blockages. Report a bad sidewalk through Austin 3-1-1 online, by app or by phone.

Do you have a different deadline if a City of Austin sidewalk or road caused the fall?

Yes. The city wants a claim letter within 45 days, sent to P.O. Box 1546 or [email protected]. The charter says missing it excuses the city. Texas allows 6 months for most governments.

Texas also limits what a government owes, and that includes the City of Austin. For ordinary road defects it owes only the duty a private owner owes a licensee, while special defects like excavations or obstructions carry a higher duty. If the claim falls under a cap, a city pays no more than $250,000 per person.

What can you claim for a broken bone in Austin?

Medical bills, lost pay and the harm the injury did to your life. Texas lists physical pain, mental anguish, disfigurement and physical impairment separately, and impairment must be substantial and go beyond other damages.

  • Texas counts medical bills only for amounts actually paid or still owed.
  • Lost earnings from an Austin job must be shown as a net loss after income tax.
  • Hospitals can file a lien only when the patient was admitted within 72 hours.
  • If Medicare paid for your fracture care, it is repaid out of any settlement.

A jury that finds you more than 50 percent at fault leaves you with nothing in Texas. Auto policies need $30,000 per person at minimum.

What if you broke a bone at work in Austin?

Tell your employer within 30 days and file a workers' comp claim within one year. Many Texas employers choose not to carry workers' comp. DWC help is at 800-252-7031, option 1.

Questions

How long do I have to sue after breaking a bone in Austin?

Generally 2 years in Texas. A City of Austin claim comes first: its letter is due in 45 days.

What is compartment syndrome?

A pressure problem that can cause muscle death and loss of function, sometimes after a cast that is too tight.

Does a fracture in a child change the deadline?

The suit clock pauses for a child's own claim until the child turns 18. A city claim letter still has its own notice period.

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Sources (41)

  1. MedlinePlus (NIH), checked 2026-11-09. “it's important to get medical care right away if you think you have a fracture”
  2. MedlinePlus (NIH), checked 2026-11-09. “There is a suspected broken bone in the hip, pelvis, or upper leg.”
  3. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  4. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  5. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  6. MedlinePlus (NIH), checked 2026-11-09. “Pain that is much higher than expected with the injury”
  7. MedlinePlus (NIH), checked 2026-11-09. “A cast or bandage that is too tight”
  8. Texas Civ. Prac. & Rem. Code § 41.001(12), checked 2026-11-09. “physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment”
  9. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “ST DAVIDS SOUTH AUSTIN MEDICAL CENTER 10/1/2028 O AUSTIN 78704”
  10. Dell Children's Medical Center, Pediatric trauma care, checked 2026-11-09. “is the only children’s hospital in Central Texas with a Level I Trauma Center designation by the American College of Surgeons.”
  11. MedlinePlus (NIH), checked 2026-11-09. “In some cases, you may need surgery to put in plates, pins, or screws to keep the bone in place.”
  12. MedlinePlus (NIH), checked 2026-11-09. “How long you need to wear it will depend on the type of fracture and which bone is affected.”
  13. MedlinePlus (NIH), checked 2026-11-09. “Whether the bone breaks through the skin; if it does, it's called an open (or compound) fracture.”
  14. MedlinePlus (NIH), checked 2026-11-09. “If the pressure lasts long enough, the muscles may die and the arm or leg will no longer work.”
  15. PubMed Central (NIH), checked 2026-11-09. “articular fractures can increase the risk more than 20-fold”
  16. TxDOT, 2025 Crashes and Injuries Cities and Towns, checked 2026-11-08. “AUSTIN 94 98 276 309 2,738 3,762 2,276 3,870 5,325 19,185 323 1,303 11,032”
  17. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “The City is responsible for repairs and maintenance in select rights-of-way, including public roads, alleys, sidewalks, multi-use trails, and public trees.”
  18. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “Property owners are responsible for clearing obstructions in the right-of-way.”
  19. Texas Department of Insurance, 2024 Biennial Report snapshot, checked 2026-11-08. “In 2024, the percentage of employers that were non-subscribers was the lowest since 2016, at 24%”
  20. City of Austin, Visit Barton Springs Pool, checked 2026-11-08. “Swim at your own risk”
  21. City of Austin, Sidewalks and Urban Trails Updates, checked 2026-11-08. “How to address 1,500 miles of absent sidewalk”
  22. City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “Objects and structures that often block the right-of-way include, but are not limited to, electric scooters, basketball goals, parked vehicles, and mailboxes.”
  23. City of Austin, Request sidewalk or street repair, checked 2026-11-08. “You can contact Austin 3-1-1 online, with the app, or by phone to request repairs.”
  24. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  25. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  26. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  27. Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property”
  28. Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “special defects such as excavations or obstructions on highways, roads, or streets”
  29. Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence”
  30. Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), checked 2026-11-09. “the effect of any physical impairment must be substantial and extend beyond any pain, suffering, mental anguish, lost wages or diminished earning capacity”
  31. Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
  32. Tex. Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability”
  33. Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
  34. CMS, checked 2026-11-09. “because it must be repaid to Medicare when a beneficiary receives a settlement, judgment, award, or other payment”
  35. Tex. Civ. Prac. & Rem. Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  36. Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
  37. Tex. Lab. Code § 409.001(a), checked 2026-11-08. “shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs;”
  38. Tex. Lab. Code § 409.003, checked 2026-11-08. “shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred;”
  39. Texas Department of Insurance, Division of Workers' Compensation, checked 2026-11-09. “Not all Texas employers provide workers' compensation insurance, but most do.”
  40. Texas Department of Insurance, DWC contacts, checked 2026-11-08. “Call and speak to a customer assistant at 800-252-7031, option 1.”
  41. Tex. Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”

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