Find a broken bones lawyer in Midland: who pays depends on where it happened

Who pays for a broken bone in Midland depends on where you were hurt. Sidewalk repair is the property owner's job, not the city's. If the City of Midland is at fault, written notice is due within 60 days. A broken-bone suit generally has to be filed within 2 years of the injury.

Last checked November 9, 2026 · Official sources (30)

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Road map of Midland showing Big Spring Street, Andrews Highway and Wall Street, which the city's data names for the most bike and pedestrian crashes
In Midland, sidewalk repair is the property owner's job. Map data © OpenStreetMap contributors.

Who pays when you break a bone in Midland?

Where it happenedWho may be responsibleKey deadline
In a crashThe other driver's insurer. The Texas minimum is $30,000 per person2 years to sue
On a sidewalkThe property owner is responsible for repair2 years to sue
On a city street, curb or alleyCity crews repair curb, gutter and concrete streets60 days, in writing, to the mayor and council
At workWorkers' comp, or the employer directly if it chose no coverage1 year for the comp claim form

A city claim must state the amount you will settle for and the names of witnesses. Send it to Risk Management, PO Box 1152, Midland 79702.

Which broken bones need an emergency room in Midland?

Any suspected fracture needs care right away. A suspected break in the hip, pelvis or upper leg is a 911 call. A bone that comes through the skin is called an open fracture.

Watch the limb after a cast or bandage goes on. Pain far above what the injury should cause is a warning sign of compartment syndrome. A cast or bandage that is too tight is one cause. If the pressure lasts, muscles can die and the arm or leg may stop working. Go back to the emergency room, do not wait for the next visit.

What does treatment for a break involve, and why does it matter to a claim?

A provider uses an exam and imaging to see whether the bone is broken. How long you wear a cast depends on the type of fracture and the bone. Surgery with plates, pins or screws is how some breaks are treated.

Fractures into a joint can raise the risk of arthritis more than 20-fold. That is a reason to keep every follow-up visit. Future arthritis care can be part of a claim, but only if your doctor writes it down.

Midland Memorial is a Level III trauma center, and UMC in Lubbock is Level I.

How often do pedestrians and cyclists get badly hurt in Midland?

From 2018 to 2022, Midland had 117 pedestrian crashes, and 41 were fatal or serious, about 35 percent. TxDOT counted 381 work zone crashes in Midland County in 2025. A fall in a road work zone is a different claim from a fall on a private sidewalk, so write down exactly where you were.

What can you recover for a broken bone in Texas?

  • Medical bills, limited to the amounts paid or owed.
  • Lost earning capacity, shown after income tax.
  • Noneconomic damages, which Texas lists as pain, mental anguish, disfigurement and physical impairment. To count as its own item, physical impairment must be substantial and go beyond what the other damages already cover.

If Medicare paid for your care, it recovers its payments from a liability claim. A hospital can claim a lien only if you were admitted within 72 hours.

Questions

Can I sue a business whose sidewalk I fell on?

Possibly. The city says the property owner is responsible for sidewalk repair, so start by finding who owns the property.

Is a hairline crack worth a claim?

It can be. Any suspected fracture needs care right away, and the claim follows the bills and the impact on your life.

How long do I have if I broke a bone at work?

File the workers' comp claim within one year, and tell your employer quickly. If the employer chose no coverage, it may be sued directly.

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Sources (30)

  1. City of Midland, Street & Alley Maintenance, checked 2026-11-08. “Sidewalk repair is the responsibility of the property owner”
  2. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. MedlinePlus (NIH), checked 2026-11-09. “There is a suspected broken bone in the hip, pelvis, or upper leg.”
  5. MedlinePlus (NIH), checked 2026-11-09. “Pain that is much higher than expected with the injury”
  6. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  7. City of Midland, Street & Alley Maintenance, checked 2026-11-08. “maintain and repair curb and gutter, bridge repair, and concrete street and alley maintenance”
  8. Texas Labor Code 406.002, checked 2026-11-09. “an employer may elect to obtain workers' compensation insurance coverage”
  9. Texas Labor Code 406.033, checked 2026-11-09. “the plaintiff must prove negligence of the employer”
  10. TDI, DWC Form-041, checked 2026-11-08. “within one year of the dat”
  11. City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
  12. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  13. MedlinePlus (NIH), checked 2026-11-09. “it's important to get medical care right away if you think you have a fracture”
  14. MedlinePlus (NIH), checked 2026-11-09. “Whether the bone breaks through the skin; if it does, it's called an open (or compound) fracture.”
  15. MedlinePlus (NIH), checked 2026-11-09. “A cast or bandage that is too tight”
  16. 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.”
  17. MedlinePlus (NIH), checked 2026-11-09. “They will also likely order an x-ray or other imaging test to see if your bone is broken.”
  18. 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.”
  19. 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.”
  20. PubMed Central (NIH), checked 2026-11-09. “articular fractures can increase the risk more than 20-fold”
  21. Texas DSHS Trauma Facilities, checked 2026-11-09. “MIDLAND MEMORIAL HOSPITAL PROBATIONARY 10/1/2029 TSA - J MIDLAND 79701”
  22. Texas DSHS Trauma Facilities, checked 2026-11-09. “UNIVERSITY MEDICAL CENTER 10/1/2028 B LUBBOCK 79415”
  23. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Of the 117 pedestrian crashes, 41 were KA crashes”
  24. TxDOT, Work zone crashes by county, 2025, checked 2026-11-08. “Midland 4 5 10 11 40 56 31 41 287 804 9 47 381”
  25. 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”
  26. 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”
  27. 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”
  28. 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”
  29. Centers for Medicare & Medicaid Services, checked 2026-11-09. “claims where the beneficiary must repay Medicare”
  30. 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.”

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