Car Accident and Broken Bones: Your Compensation Guide

A broken bone, also known as a fracture, is not just a painful injury; it can significantly disrupt your life, leading to extensive medical treatments, time away from work, and substantial financial strain. When a car accident causes your broken bones, you have a legal right to seek compensation from the at-fault party. In California, understanding the specific laws and procedures for these claims is crucial to ensure you receive fair reimbursement for your losses. This guide provides an in-depth look at how car accident claims involving broken bones are handled in our state, from establishing fault to calculating your damages.

Understanding Broken Bone Injuries from Car Accidents

Car accidents generate immense forces, and even at relatively low speeds, these forces can be sufficient to cause fractures. Various factors influence the severity and type of broken bone injuries sustained in a collision.

Types of Fractures Commonly Seen in Car Accidents

• Simple (Closed) Fractures: The bone breaks but does not pierce the skin. This is the most common type.
• Compound (Open) Fractures: The bone breaks through the skin, carrying a high risk of infection. These often require immediate surgical intervention.
• Comminuted Fractures: The bone shatters into three or more pieces. These are severe and often necessitate complex surgical repair.
• Impacted Fractures: The ends of the broken bone are driven into each other.
• Stress Fractures: While more common from repetitive stress, severe impact can sometimes exacerbate or cause them.
• Avulsion Fractures: A small chunk of bone attached to a tendon or ligament gets pulled away from the main part of the bone.

Common Locations for Fractures Due to Car Accidents

The specific points of impact, seatbelt use, airbag deployment, and the occupant's position can all influence where fractures occur.

• Limbs: Arms (radius, ulna, humerus) and legs (femur, tibia, fibula) are frequently fractured as occupants brace for impact or are thrown against interior surfaces.
• Ribs/Sternum: Seatbelt restraints, while life-saving, can cause fractures to the ribs or sternum during the sudden deceleration of a collision.
• Clavicle (Collarbone): Often broken when an arm is extended or during impact with the dashboard or steering wheel.
• Pelvis: High-impact collisions can cause severe pelvic fractures, which are often debilitating and carry long recovery periods.
• Vertebrae (Spine): Compression fractures or other spinal fractures can lead to significant mobility issues and potential neurological complications. This type of injury can be particularly complex and may involve spinal cord injury.
• Facial Bones: Impact with airbags, dashboards, or flying debris can lead to fractures of the nose, jaw, or orbital bones.

The immediate aftermath of a car accident is critical for documenting injuries. Even if you don't feel severe pain initially, it's vital to seek medical attention promptly after a collision. Some fractures may not be immediately obvious, and a medical diagnosis is essential for both your health and your legal claim. For more information on crucial steps after a collision, see our guide on what to do immediately after a car accident.

Establishing Fault and Liability in California

In California, car accident claims operate under a "fault" system, meaning the party responsible for causing the accident is financially liable for the damages.

Proving Negligence

To secure compensation for your broken bones, you must demonstrate that the other driver's negligence caused your injuries. This typically involves proving four elements:

• Duty of Care: All drivers have a duty to operate their vehicles safely and follow traffic laws.
• Breach of Duty: The other driver violated this duty (e.g., by speeding, distracted driving, running a red light).
• Causation: The breach of duty directly caused the accident and your broken bone injuries.
• Damages: You suffered actual losses (medical bills, lost wages, pain and suffering) as a result.

Evidence such as police reports, witness statements, photographs of the accident scene, and medical records are crucial for establishing negligence. You can learn more about how fault is determined in California by reading our article on California fault laws.

California's Pure Comparative Negligence Rule

California follows a "pure comparative negligence" standard (Li v. Yellow Cab Co.). This means that even if you were partly at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages are $100,000, you would only be able to recover $80,000. Insurance companies often try to assign a higher percentage of fault to injured victims to minimize their payout.

Understanding Your Damages: What You Can Recover

A broken bone injury can lead to significant financial and non-financial losses. California law allows you to seek compensation for both economic and non-economic damages.

Economic Damages (PECUNIARY)

These are quantifiable financial losses.

• Medical Expenses:
  • Emergency room visits and ambulance fees.
  • Doctor consultations, X-rays, CT scans, and MRIs.
  • Surgery, if required, and associated anesthesia.
  • Hospital stays.
  • Physical therapy and rehabilitation services.
  • Medications (pain relievers, antibiotics).
  • Future medical costs, including potential follow-up surgeries, long-term physical therapy, and assistive devices.
• Lost Wages and Earning Capacity:
  • Income lost due to time off work for recovery, medical appointments, or physical therapy.
  • Loss of future earning capacity if the broken bone injury results in a permanent disability or limits your ability to perform your job. Our article on lost wages after a car accident provides more detail.
• Property Damage:
  • Cost to repair or replace your vehicle.
  • Damage to other personal property.
• Other Out-of-Pocket Expenses:
  • Transportation costs to medical appointments.
  • Costs of household help or childcare if you are unable to perform these tasks due to your injury.
  • Home modifications if your injury causes permanent disability.

Non-Economic Damages (NON-PECUNIARY)

These are non-financial losses that compensate you for the impact of the injury on your life.

• Pain and Suffering: This is a significant component of non-economic damages, particularly for broken bones, which are inherently painful. It includes physical pain, discomfort, and emotional distress. Learn more about how this is calculated in our article on pain and suffering damages in California.
• Emotional Distress: Anxiety, fear, depression, anger, or PTSD stemming from the accident and its aftermath.
• Loss of Enjoyment of Life: Inability to participate in hobbies, recreational activities, or daily functions you enjoyed before the injury.
• Disfigurement or Scarring: Compensation for permanent physical changes resulting from the injury or surgery.
• Loss of Consortium: Damages awarded to a spouse for the loss of companionship, affection, and intimacy due to the injured partner's condition.

California's Proposition 213 (Prop 213)

It's important to be aware of California's Proposition 213. This law restricts the recovery of non-economic damages (like pain and suffering) for certain individuals, specifically those who were uninsured at the time of the accident, those driving under the influence, or those committing a felony at the time of the collision. If these circumstances apply, you may only be able to recover economic damages.

The Claims Process and Statute of Limitations

After a car accident involving broken bones, the legal process generally involves several key stages.

Reporting to Insurance Companies

You should report the accident to your own insurance company promptly, regardless of fault. However, be cautious when speaking with the at-fault driver's insurance adjuster. Their goal is to minimize their payout. Avoid giving recorded statements or admitting fault.

Investigation and Evidence Gathering

Your attorney will thoroughly investigate the accident, gather evidence, and compile your medical records and bills to fully document your injuries and losses. This phase is crucial for building a strong case.

Negotiation and Settlement

Once your medical treatment is complete or your condition has stabilized (referred to as Maximum Medical Improvement, or MMI), your attorney will send a demand letter to the at-fault party's insurance company. This letter outlines the facts of the case, the extent of your injuries, and the compensation sought. Negotiations will follow, often leading to a settlement.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a personal injury lawsuit. Most cases settle before trial, but preparing for trial is essential to secure the best possible outcome.

California Statute of Limitations

In California, you generally have two years from the date of the accident to file a personal injury lawsuit (California Code of Civil Procedure §335.1). If you miss this deadline, you will likely lose your right to seek compensation forever. There are very limited exceptions, so it is crucial to act quickly. For property damage claims, the statute of limitations is three years.

How a Personal Injury Attorney Can Help

Dealing with a broken bone injury is physically and emotionally draining. Adding the complexities of a legal claim can be overwhelming. A seasoned personal injury attorney can be your strongest advocate.

• Expertise in California Law: An attorney understands the nuances of California's fault laws, comparative negligence, Proposition 213, and the statute of limitations.
• Evidence Collection and Case Building: They know what evidence is needed to prove fault and the extent of your damages, including working with medical experts to document the long-term impact of your broken bone injury.
• Dealing with Insurance Companies: Attorneys protect your rights against aggressive insurance adjusters, ensuring you don't inadvertently jeopardize your claim or accept a low-ball offer.
• Maximizing Your Compensation: They have experience valuing claims, including complex calculations for future medical costs, lost earning capacity, and pain and suffering, ensuring you receive full and fair compensation.
• Litigation Representation: If a fair settlement isn't possible, an attorney will represent you in court, advocating fiercely on your behalf.

Contact a Los Angeles Car Accident Attorney Today

A broken bone from a car accident is a serious injury that demands serious legal representation. At the Law Office of Sam Schmuel, APC, we are dedicated to helping victims of car accidents in Los Angeles obtain the compensation they deserve for their injuries, including complex broken bone cases. We understand the physical, emotional, and financial toll these injuries take, and we are committed to alleviating your burden by handling all aspects of your legal claim. Do not navigate this challenging time alone. Contact us today for a free, no-obligation consultation to discuss your case and understand your rights. Let us put our experience to work for you so you can focus on your recovery.

Pre-Existing Conditions and Future Care in Fracture Claims

Broken-bone claims often raise two questions that shape their value: what happens when the injured person already had a weakness in that area, and how future treatment is accounted for. On the first, California follows the long-standing eggshell plaintiff rule, reflected in California Civil Jury Instruction 3928. A negligent driver takes the injured person as he or she is found, which means that if a crash aggravates a prior condition or breaks a bone made fragile by age or an earlier injury, the driver is liable for the full extent of the harm actually caused, not merely the harm an average person would have suffered.

On the second, serious fractures frequently require care that continues long after a claim would otherwise settle: hardware removal, revision surgery, physical therapy, or treatment of arthritis that develops at the fracture site. California law allows recovery for medical expenses reasonably certain to be needed in the future, but that future cost must be supported by evidence, typically a treating physician or another qualified physician who can describe the expected course of care. Settling before the long-term picture is clear can leave those future costs uncompensated.

Frequently Asked Questions

How much is a broken bone worth in a California car accident claim?

There is no fixed figure. The value depends on the type of fracture, whether surgery was needed, the length of recovery, any permanent limitation, lost income, and pain and suffering. A displaced or surgical fracture generally supports a larger claim than a hairline fracture that heals on its own.

How long do I have to file a broken-bone injury claim?

Generally two years from the date of the accident under Code of Civil Procedure section 335.1. Waiting can make the injury harder to prove and can bar the claim entirely once the deadline passes.

Can I recover money if I had a prior injury to the same bone?

Yes. Under California's eggshell plaintiff rule, a driver who aggravates a pre-existing condition is responsible for the additional harm caused. The prior injury does not eliminate the claim, though it does make careful medical documentation important.

Should I settle before my fracture fully heals?

Usually not. Settling before you reach maximum medical improvement can leave future surgeries, therapy, or complications uncompensated, because a settlement generally cannot be reopened once signed.

Related guides on this topic

• Pain and Suffering Damages in California Car Accident Cases
• Spinal Cord Injuries From Car Accidents in California
• Lost Wages After a Car Accident: How to Recover Them

Related Practice Area

For more on how our team helps Los Angeles clients with matters like this, see our Car Accident practice.