A driver ran a stop sign on a rural road outside Fresno and hit your passenger side. At Community Regional Medical Center, X-rays showed a fractured wrist and two cracked ribs. The wrist needed a plate and screws. Six weeks later you are still out of work, and the at-fault driver's insurer wants to know when you will be "released."
Unlike soft tissue injuries, a fracture shows up on imaging. That makes the injury hard to deny. It does not make the claim simple.
Quick answer: A broken bone caused by someone else's negligence supports a California claim for economic damages, including past and future medical expenses and lost earnings, and non-economic damages for pain, limitations, and loss of enjoyment of life. Fracture claims are valued based on the bone involved, whether surgery and hardware were needed, the recovery time, any permanent loss of motion or strength, and the risk of future problems like post-traumatic arthritis. Past medical damages are generally measured by the amounts actually paid or incurred under Howell v. Hamilton Meats and Provisions, Inc. (2011) 52 Cal.4th 541.
Key Takeaways
- Fractures are objective injuries, so the dispute usually centers on severity, future care, and lost earnings.
- Surgery, plates, screws, and rods usually increase both costs and the non-economic value of a claim.
- Fractures near joints can lead to post-traumatic arthritis, which should be addressed by a treating doctor.
- Past medical damages are limited to amounts actually paid or incurred under Howell.
- Settling before you reach maximum medical improvement risks undervaluing future care.
What Types of Fractures Happen in Car Accidents?
The body hits the steering wheel, dashboard, door, seat belt, and airbag. Common fractures include:
- Wrist and forearm, from bracing against the wheel or dash.
- Ribs and sternum, from the seat belt or steering wheel.
- Clavicle, from the shoulder belt.
- Hip, pelvis, and femur, from dashboard or side impacts.
- Tibia, fibula, and ankle, from footwell intrusion or bracing on the brake.
- Facial bones, from airbags or striking the window.
- Vertebral fractures, which can involve the spinal cord and are often catastrophic.
How Is a Fracture Claim Valued in California?
There is no chart. A claim is built from evidence in a few categories.
Medical expenses
Emergency care, surgery, hospital stays, follow-up visits, physical therapy, and medication. Future medical costs, such as hardware removal or joint replacement, are recoverable when a doctor can say they are reasonably certain to be needed. Our post on future medical care and life care plans in California explains how future care is proven.
Lost earnings
Wages lost during recovery, and if the injury limits your ability to do your job, the loss of future earning capacity. A construction worker with a crushed ankle and a desk worker with the same injury may have very different wage claims.
Pain and suffering
California allows recovery for physical pain, mental suffering, loss of enjoyment of life, inconvenience, grief, anxiety, humiliation, and emotional distress, as reflected in the civil jury instructions (CACI 3905A). Our post on what pain and suffering is worth in California covers how those damages are argued.
What Factors Increase the Value of a Fracture Claim?
- An open (compound) fracture, which breaks the skin and increases infection risk.
- A comminuted fracture, where the bone breaks into several pieces.
- Surgery with internal fixation (plates, screws, rods) or external fixation.
- Fractures that extend into a joint.
- Nonunion or malunion, where the bone fails to heal properly.
- Permanent loss of motion, strength, or function.
- Scarring from surgery.
What Do Insurers Argue in Fracture Cases?
Because the fracture is obvious, adjusters focus elsewhere. They may argue that recovery should have been faster, that therapy went on too long, that you could have returned to work sooner, or that future arthritis is speculative. A clear record from your treating surgeon about your prognosis is the best response.
When Should a Fracture Claim Settle?
Usually not until you reach maximum medical improvement, the point at which your doctors can say what your long-term condition will be. Settling earlier risks leaving out future care. That has to be balanced against the two-year deadline to file suit under Code of Civil Procedure section 335.1, which keeps running while you heal. If treatment is long, a lawsuit can be filed to protect the deadline while recovery continues.
What Should I Do to Protect a Fracture Claim?
- Follow the treatment plan. Attend follow-up visits, wear the cast or brace as directed, and complete physical therapy. Missed appointments become an insurer's argument that you were not really hurt.
- Keep a recovery journal. Note what you cannot do, such as driving, lifting your child, sleeping through the night, or working a full shift.
- Save every bill and receipt, including medical equipment, prescriptions, and mileage to appointments.
- Get a work note. A doctor's written restrictions support a lost earnings claim.
- Photograph visible injuries and surgical scars during healing.
- Avoid social media posts about physical activity while the claim is open.
What Should Fresno Drivers Know?
Crashes on Highway 99, Highway 41, and Highway 168 are usually investigated by the CHP, while crashes on Fresno city streets are usually handled by the Fresno Police Department. A lawsuit against a driver in Fresno County is ordinarily filed in the Superior Court of California, County of Fresno. Our Fresno accident guide has more local information.
Frequently Asked Questions
Can I get compensation for a hairline fracture?
Yes. A hairline or stress fracture is still a fracture, though one that heals without surgery usually has a lower value than a fracture requiring hardware.
Do I have to have surgery to have a strong claim?
No. Many fractures heal with a cast or brace. The strength of the claim depends on the whole picture, including pain, recovery time, and lasting effects.
What if I need the hardware removed later?
A future removal surgery is a future medical expense that should be included in the claim if your doctor expects it.
Can I claim lost wages if I am self-employed?
Yes, but it requires more documentation, such as tax returns, invoices, and records showing lost contracts or clients.
How long do I have to file a claim?
Generally two years from the injury under Code of Civil Procedure section 335.1, or six months for a claim against a public entity.
Suffered a Fracture in a Crash? Geller Legal Can Help.
Broken bones change daily life in ways a medical bill does not capture. A well-built claim accounts for recovery time, lost work, and what the future holds.
Geller Legal | Personal Injury Attorneys documents the full impact of fracture injuries, works with treating surgeons on prognosis, and values claims with future care in mind. Learn more about our California car accident practice.
We serve injured clients throughout California, with offices in Walnut Creek, Oakland, and Los Angeles. If you suffered a broken bone in a crash, call us at 213-770-4870 for a free, confidential consultation with Attorney Michael Geller.