Fractured and Broken Bone Injury Attorneys in La Mesa

Broken bones or fractures are a common outcome of a car crash. Accidents can cause one or more bones to fracture due to the tremendous force exerted on the body.

Severe trauma can cause any bone in the body to break or fracture. Fractures usually occur due to the force of the accident or fall, the body being struck externally with objects, being thrashed backward or forward in a forceful manner, having arms or legs and bones bent or twisted unnaturally, being ejected from the vehicle or being crushed in the accident.

Depending on the type of accident, any bone could sustain a fracture. However, some common bones that break due to car crashes, falls, and other types of accidents are as follows:

• Bones in the neck
• Bones in the skull
• Bones in the ankles
• Bones in the sternum
• The collarbone
• The femur
• The pelvis
• The ribs
• Spinal vertebrae

When a person breaks a bone, they will often require a cast or surgery to heal the fractured bone. They may also need pain drugs, physiotherapy, and other treatment to be able to deal with the damage to their bone and the healing process.

However, in cases of extreme damage, even effective treatment will not be able to fuse or heal the bones properly. This could cause a lifetime of disability for the victim.

Common Reasons for Fractured Bones

Various types of accidents can lead to broken bones. If the accident occurred due to the recklessness of another person, that individual or entity should pay damages to the victim for their medical costs, and emotional pain and suffering. Broken bones commonly result from the following types of accidents:

• Car crashes
• Accidents at the workplace, for instance, due to dropped or falling objects
• Injuries due to the use of defective products
• Falls and slips at ground levels
• Explosions
• Bones sustain blunt force trauma
• Repetitive stress motions

Types of Fractures due to Accidents

Many types of fractures can result from accidents, such as:

Transverse

These fractures result from a direct force or a direct hit, causing the bone to snap into two fragments. The bone usually breaks at a 90-degree angle, in a perpendicular position to the long axis of the fractured bone.

Compound

Compound fractures are one of the worst as the fractured bone pushes outwardly and protrudes through the skin. In the case of compound fractures, the rate of infection is quite high.

Comminuted

A comminuted fracture occurs when bones fracture into three or more fragments. In general, such fractures occur when the body sustains extreme pressure or a strong impact. It is very challenging to repair comminuted fractures.

Buckle

These types of fractures are also known as a torus or an incomplete fracture. Buckle fractures occur when the bone ruptures, bends, or is strained, but there is no actual break. Children in car crashes typically sustain buckle fractures as their bones are not yet fully developed.

Stress

Stress fractures are similar to buckle fractures in that there are partial breaks, and they occur more commonly in children. The difference between the two types of fractures is that stress fractures cause one side of the bone to break while the other side bends.

Oblique

These fractures often occur in circumstances where the bone fractures along the long axis’ diagonal. Oblique fractures are relatively rare. However, they can happen in car accidents if one bone becomes trapped while another bone is twisted above the trapped bone.

Avulsion

Avulsion fractures occur when the soft tissue and the bone detach. Soft tissues are tendons and ligaments that connect the bones and muscles or connect one bone to another. Avulsion fractures typically cause serious pain. Surgical treatment is usually required to address an avulsion fracture.

Hairline

Small cracks or partial breaks in the bone are known as hairline fractures. People with hairline fractures may be oblivious to the presence of a small crack or break, and not seek the necessary medical treatment. Consequently, the tiny crack may become bigger, making the fracture worse. This can weaken the bone significantly.

Right after a car crash, a skilled medical professional will take x-rays and perform other appropriate tests to determine whether any bones in the victim’s body have been broken in the accident.

How Does California Law Define Negligence In A Bone Fracture Case?

Defining Negligence in California Bone Fracture Cases

In California personal injury law, negligence is the cornerstone of most claims involving bone fractures resulting from accidents, such as slip-and-falls, car crashes, or workplace incidents. To secure compensation for a fracture, a plaintiff must prove that the defendant failed to act with the level of care a reasonably prudent person would have exercised under similar circumstances. The foundation for this liability is found in California Civil Code § 1714, which establishes that everyone is responsible for injuries occasioned to another by their want of ordinary care or skill in the management of their property or person.

The Four Elements of Negligence

To successfully establish negligence, your legal claim must demonstrate four specific elements. If any of these are missing, the claim for damages will generally fail.

• Duty of Care: The defendant owed you a legal responsibility to act with reasonable care to avoid causing harm. For example, a property owner has a duty to keep their premises reasonably safe for visitors.
• Breach of Duty: The defendant failed to uphold that duty. This happens when their conduct falls below the standard of a reasonably careful person. Failing to clean up a spill or ignoring a known hazard is a common breach.
• Causation: You must prove that the defendant’s breach was a “substantial factor” in causing the incident. You must show a direct link between the negligent act and the resulting fracture.
• Damages: You must have suffered actual harm. In this context, it is the physical bone fracture, which can be verified through medical records, X-rays, and physician testimony.

The Standard of “Reasonable Care”

California law does not require people to be perfect; it requires them to be “reasonable.” When evaluating a bone fracture case, the court or insurance adjuster looks at whether a person of ordinary intelligence and caution would have acted differently. If the evidence shows that the defendant’s actions—or lack thereof—created an unreasonable risk of harm that led to your injury, they are likely considered negligent under Civil Code § 1714.

Comparative Negligence in California

California is a “pure comparative negligence” state, a doctrine established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal. 3d 804. This means that if you are partially at fault for the accident that caused your bone fracture, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For instance, if a jury determines your total damages are $100,000, but finds you were 20% at fault for the accident, your recovery will be reduced by 20%. You would receive $80,000.

The Filing Deadline

In California, you must file a lawsuit for personal injury within two years from the date of the injury, as dictated by California Code of Civil Procedure § 335.1. Missing this deadline generally results in the permanent loss of your right to seek compensation in court.

The Role of Evidence

Proving negligence in fracture cases relies heavily on documentation. Because a fracture is an objective injury, your medical records serve as powerful evidence of the severity of the harm. Beyond the injury itself, you must gather evidence of the negligence: photos of the accident scene, witness statements, incident reports, and surveillance footage. These items help establish exactly how the breach of duty occurred and why it resulted in your specific injuries.

Personal Injury Fractures: Compensation and Treatment

Regardless of whether the victim requires surgery, physical therapy, a cast, or continuing medical care, it is vital for the person who is responsible for the accident to cover the medical expenses. In addition, the victim should be compensated for additional medical costs, such as adaptive medical devices or nursing care.

Apart from medical expenses, the person responsible for the crash, which caused the fracture(s) should pay for the following:

Compensation and Settlement for Fractured Bones

If you fractured a bone in an accident caused by someone’s recklessness, it is crucial to seek compensation for your losses.

An experienced personal injury lawyer can ensure that your injuries and approximate medical costs are appropriately documented and proven. They can also represent you in the best possible manner before a judge or jury or to parties outside of court to get you a fair settlement.

You may be eligible to receive compensation for your present and future medical expenses, lost income from missed work, pain and suffering, loss of ability to earn in the future, and any permanent disfigurement, disability, or impairment.

Legal Help from Qualified Personal Injury Attorneys

Fracturing a bone in a traumatic accident can have long-standing consequences on a person’s well-being, even after the fracture heals. You are entitled to receive rightful compensation for not only your injuries but also the emotional distress and anguish that you faced due to someone else’s negligence.

The experienced personal injury lawyers at Garmo & Garmo Attorneys at Law, LLP, have successfully handled countless cases involving broken bones. Call today at (619) 441-2500 or message us online for a free initial consultation with a skilled attorney.