A broken bone can turn a car accident into months of medical appointments, missed work, physical limitations, and uncertainty about what comes next. Some fractures heal with casting and rest. Others require surgery, implanted hardware, physical therapy, or long-term medical care.
At the Law Offices of Brent W. Caldwell, we represent people injured in car accidents throughout Orange County. When a crash causes a fracture, we look beyond the diagnosis itself. The location and severity of the fracture, treatment required, recovery period, effect on work, and lasting limitations can all affect a personal injury claim.
Common Broken Bones Caused by Car Accidents
The force generated in a collision can fracture nearly any bone in the body. A driver or passenger may strike the steering wheel, dashboard, door, window, seat belt, or another part of the vehicle. The body can also experience twisting, crushing, or compression forces without directly striking an object.
Fractures we commonly see following serious crashes include:
- Wrist and hand fractures
- Arm and elbow fractures
- Shoulder and collarbone fractures
- Rib and sternum fractures
- Hip and pelvic fractures
- Leg fractures involving the femur, tibia, or fibula
- Knee and kneecap fractures
- Ankle and foot fractures
- Facial fractures
- Vertebral fractures involving the spine
Doctors may also describe a fracture as displaced, nondisplaced, comminuted, compound or open, stress-related, or compression-related. These terms describe characteristics of the injury and may affect the treatment and expected recovery.
Why the Type of Fracture Matters to a Personal Injury Claim
Two people can both suffer a “broken leg” and have very different claims.
One person may have a stable fracture that heals after several weeks in a cast. Another may need surgery to install plates, screws, or rods, followed by months of rehabilitation. A fracture involving a joint may lead to reduced range of motion or post-traumatic arthritis. An open fracture may carry an increased risk of infection and other complications.
When evaluating a fracture claim, factors that may matter include:
- The bone that was fractured
- Whether the fracture was displaced
- Whether surgery was required
- Whether hardware was implanted
- Length of hospitalization
- Time spent in a cast, brace, boot, or wheelchair
- Need for physical or occupational therapy
- Amount of time missed from work
- Scarring or disfigurement
- Continuing pain or reduced mobility
- Whether more treatment or surgery may be needed
- Whether the injury affects the person’s ability to work or perform ordinary activities
There is no standard settlement amount for a broken bone. A claim should be evaluated based on the facts of the collision, available insurance coverage, medical evidence, financial losses, and the effect of the injury on the individual.
What Should You Do After a Crash if You Think You Broke a Bone?
Seek medical attention promptly. Some fractures are obvious, but others are not. Pain, swelling, bruising, tenderness, difficulty bearing weight, numbness, or limited movement can be signs of a fracture.
An emergency room, urgent care facility, or other medical provider may order X-rays, CT scans, or other diagnostic testing. Depending on the injury, you may then be referred to an orthopedic surgeon or another provider.
After the initial evaluation, follow the treatment plan recommended by your medical providers. Attend follow-up visits, complete prescribed therapy, and discuss new or worsening symptoms with your doctor.
Keep copies of documents connected with the accident and your recovery, including:
- Medical records and bills
- Prescription and medical-device receipts
- Photographs of injuries
- Photographs and video from the crash scene
- Insurance correspondence
- Wage-loss documentation
- Work restrictions and disability notes
- Transportation or other injury-related expense records
It can also help to keep a written record of how the injury affects everyday activities. Problems sleeping, driving, caring for children, exercising, walking, dressing, cooking, or performing household tasks may be difficult to reconstruct months later.
Who Is Responsible for a Broken-Bone Injury After a Crash?
A California injury claim generally requires evidence that another person’s wrongful conduct caused the accident and resulting injury.
In a typical car accident case, this may involve showing that a driver failed to use reasonable care. Examples can include speeding, following too closely, running a red light, making an unsafe lane change, driving while distracted, or driving under the influence.
Responsibility is not always limited to one driver. Depending on the circumstances, a claim might involve:
- Another driver
- The owner of a vehicle
- An employer whose employee caused a crash while working
- A rideshare or commercial transportation company
- A manufacturer responsible for a defective vehicle or component
- A public entity responsible for certain dangerous roadway conditions
Identifying all potentially responsible parties can matter when a fracture leads to substantial medical expenses or long-term losses.
What if You Were Partly at Fault?
California follows comparative fault principles. This means an injured person can still potentially recover damages even when that person bears part of the responsibility for an accident.
If the injured person is found partially responsible, the damages attributable to the claim can be reduced according to that person’s percentage of fault.
Consider a simplified hypothetical. A driver’s recoverable damages are valued at $100,000, but the driver is found 20 percent responsible for the collision. The award could be reduced by 20 percent to $80,000.
Insurance companies may dispute fault or argue that an injured person bears a greater share of responsibility. Evidence such as photographs, witness statements, vehicle damage, police reports, video footage, and accident reconstruction evidence may become important when liability is contested.
What Compensation May Be Available for a Broken-Bone Claim?
California law generally permits an injured person to seek compensation for losses proximately caused by another person’s wrongful conduct.
Depending on the circumstances, damages in a fracture case may include medical expenses, lost income, future economic losses, and non-economic harm.
Medical Expenses
A claim may include reasonable medical expenses associated with the injury, such as:
- Ambulance transportation
- Emergency room treatment
- Hospitalization
- Diagnostic imaging
- Orthopedic care
- Surgery
- Casts, braces, crutches, wheelchairs, and other medical equipment
- Prescription medication
- Physical or occupational therapy
- Follow-up appointments
- Future medical treatment related to the injury
Future care can become an issue when doctors anticipate hardware removal, joint replacement, additional surgery, injections, therapy, or other continuing treatment.
Lost Income and Reduced Earning Ability
A fracture may prevent someone from working for days, weeks, or months. A person with a physically demanding job may be unable to return to normal duties even after the bone has technically healed.
Depending on the evidence, a claim may include past lost earnings as well as future loss of earning capacity when an injury affects the person’s ability to earn income over time.
Pain, Suffering, and Other Non-Economic Losses
A fracture claim may also include non-economic harm such as physical pain, emotional distress, inconvenience, physical impairment, and loss of enjoyment of life.
There is no fixed formula that determines pain-and-suffering damages in an ordinary California car accident case. The evidence may include the seriousness and duration of the injury, treatment required, restrictions on daily activities, and any lasting effects.
California Civil Code section 3333.4 can limit recovery of non-economic damages for certain people involved in motor vehicle accidents, including some uninsured owners or operators and drivers convicted of specified DUI offenses. Exceptions can apply, so the effect of this law should be evaluated based on the individual circumstances.
How Much Is a Broken-Bone Car Accident Settlement Worth?
There is no reliable average settlement that can tell you what a particular fracture claim is worth.
Settlement value can depend on:
- Severity and location of the fracture
- Whether surgery was necessary
- Length and difficulty of recovery
- Amount of past medical treatment
- Expected future medical care
- Lost income
- Permanent restrictions or impairment
- Scarring
- Strength of the liability evidence
- Comparative fault issues
- Available insurance coverage
- Whether other parties may share responsibility
Insurance coverage can place practical limits on recovery in some cases. California increased its minimum automobile liability insurance requirements for policies issued or renewed on or after January 1, 2025. The minimum limits are now $30,000 for bodily injury or death to one person, $60,000 for bodily injury or death to two or more people in one accident, and $15,000 for property damage.
Those are only minimum requirements. A driver may have higher liability limits, and other sources of coverage may sometimes be available.
What Happens if the At-Fault Driver Does Not Have Enough Insurance?
A serious fracture can produce losses that exceed an at-fault driver’s liability coverage.
When that happens, we look at whether other insurance may apply. One possible source is uninsured or underinsured motorist coverage under the injured person’s own auto policy.
Underinsured motorist coverage may apply when the responsible driver’s available liability coverage is insufficient to compensate the injured person for covered damages, subject to the policy terms and California law.
Other potentially responsible people or businesses may also need to be investigated. A commercial vehicle collision, work-related driving accident, defective product case, or dangerous roadway claim can present insurance and liability issues that do not exist in a simple two-car collision.
Can an Insurance Company Dispute That the Crash Caused the Fracture?
Yes. An insurer may accept that a fracture exists but question whether the collision caused it, particularly when there was delayed treatment, a prior injury to the same body part, osteoporosis, or another preexisting medical condition.
A preexisting condition does not automatically prevent an injury claim. A crash can aggravate or worsen an existing condition. Medical records, imaging studies, physician opinions, and information about the person’s condition before and after the collision may help establish what changed because of the accident.
This is one reason accurate medical documentation matters.
How Long Do You Have to File a Broken-Bone Lawsuit in California?
For many California personal injury cases, Code of Civil Procedure section 335.1 provides a two-year deadline to file a lawsuit.
That does not mean every injured person has exactly two years. Different deadlines and exceptions can apply based on the facts.
Claims involving a California public entity require particular attention. Under the Government Claims Act, a claim involving personal injury generally must be presented to the appropriate public entity within six months after the cause of action accrues. Other procedural deadlines may follow.
Because missing an applicable deadline can prevent a claim from moving forward, it is better to address the issue early rather than assume the general two-year period applies.
Should You Accept an Insurance Company’s Settlement Offer?
A settlement generally ends the claim against the parties covered by the release. That makes it important to understand the extent of the injury before resolving the case and unintentionally accepting a low settlement offer.
With a fracture, questions may remain about whether the bone has healed properly, whether physical therapy will restore normal function, whether implanted hardware is causing symptoms, or whether more treatment will be required.
Before signing a release, consider whether the offer accounts for:
- Medical expenses already incurred
- Expected future treatment
- Lost wages
- Possible future income loss
- Pain and physical limitations
- Scarring or permanent impairment
- Other losses caused by the accident
An attorney can review the evidence, applicable insurance coverage, medical history, and terms of a proposed settlement before advising a client about available options.
How a California Car Accident Attorney Can Help With a Fracture Claim
A broken-bone claim can involve more than submitting medical bills to an insurance company.
Depending on the case, we may investigate the collision, preserve evidence, obtain insurance information, collect medical records, document income loss, communicate with insurers, analyze applicable coverage, consult appropriate professionals, prepare a settlement demand, and file a lawsuit when necessary.
Our role is also to help the client understand what is happening and what choices are available at each stage of the claim.
Speak With the Law Offices of Brent W. Caldwell About a Broken-Bone Accident Claim
If you suffered a fracture or broken bone in a California car accident, you may have questions about medical bills, missed work, insurance coverage, fault, or the value of your claim.
The Law Offices of Brent W. Caldwell represents people injured in car accidents and other personal injury matters. Our attorneys can review the circumstances of your accident, discuss the laws that may apply, and explain your options.
We offer free consultations, and personal injury cases are handled on a contingency-fee basis. You do not pay attorney fees unless we obtain a recovery for you.
Contact the Law Offices of Brent W. Caldwell to request a free case evaluation.
