The short answer
If someone else's carelessness caused your broken bone, California law may allow you to seek compensation for medical care, lost income, future treatment, and pain. Most personal injury lawsuits must be filed within two years, and claims against public agencies generally require a government claim within six months. Children's deadlines may be paused, but not always.
A broken bone can change your life in a moment. Fractures happen in car and motorcycle crashes, falls on dangerous property, pedestrian and bicycle collisions, workplace accidents, and many other events caused by someone else's carelessness. Some breaks heal with a cast and time. Others need surgery with plates, screws, or rods, months of physical therapy, and time away from work, and a few lead to complications that last for years.
The path of a fracture is not always predictable. Bones can heal slowly or not at all, a condition doctors call nonunion. Hardware may need to be removed or replaced. A joint injury can lead to stiffness or arthritis years later. A break in a hand, wrist, leg, or foot can limit the kind of work a person can do. Children's fractures raise their own concerns, because a break near a growth area may affect how the bone grows, and doctors may need to follow a child for a long time.
Our founding attorney has fought insurers for injured Californians since 2002. We know that insurers often value a fracture using formulas based on the type of break and the length of treatment, and that they tend to treat a bone that has "healed" as a closed chapter. We look past the X-ray to how the injury has actually affected your work, your family, and your future.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. This page describes the injury and how claims for it are fought and valued, no matter how it happened. If you or your child suffered a fracture, call us early so we can help protect the evidence and explain your options.
From the other side of the table
How insurers value broken bones
Formula valuation
Insurers often rely on software and rules of thumb that tie value to the type of fracture and the number of weeks in a cast. These tools can overlook surgery complications, pain that lingers, and how the injury affects your particular job and life.
The healed bone is a closed chapter
Once an X-ray shows healing, adjusters may argue you are fine. A bone can look healed on film while you still have pain, weakness, stiffness, or hardware that bothers you. We document the real-world recovery.
Downplaying future care
Future surgery to remove hardware, joint problems that develop later, and ongoing therapy are often left out of early offers. We ask your doctors what future care is reasonably likely and include it.
Shifting blame
Defense teams may argue you were not paying attention, were crossing outside a crosswalk, or were not wearing protective gear. We use the physical evidence and witnesses to show what actually caused the injury.
Why it happens
Common causes
Car, truck, and motorcycle crashes
The forces in a collision can break arms, legs, ribs, collarbones, wrists, and pelvises, even at moderate speeds.
Pedestrian and bicycle impacts
People outside a vehicle absorb the full force of an impact. Leg, hip, and arm fractures are common in these crashes.
Falls on dangerous property
Wet floors, broken stairs, uneven walkways, and poor lighting can cause serious falls. Property owners may be responsible when they knew or should have known about a hazard.
Workplace accidents
Falls from heights, equipment accidents, and struck-by incidents can cause fractures. Workers' compensation may apply, and a separate claim against a third party may be possible.
Slip and fall in stores and public places
Spills and unsafe conditions in stores, parking lots, and other public areas lead to hip, wrist, and ankle fractures, especially for older adults.
Defective products and unsafe premises
A defective ladder, scooter, or piece of equipment, or an unsafe rental property, can cause a fall or impact that results in a broken bone.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses, past and future
Emergency care, surgery, hospital stays, casts and braces, therapy, and the cost of any future procedures your doctors reasonably expect, such as hardware removal or joint treatment.
Lost income and earning capacity
Wages lost while you recovered and the reduced ability to earn if your injury limits the work you can do, especially in physical jobs.
Pain and suffering
The physical pain of the injury, surgery, and rehabilitation, along with the discomfort that may continue after the bone has healed.
Loss of enjoyment of life
Sports, hobbies, caring for family, and everyday activities that become harder or impossible during and after recovery.
Scarring and disfigurement
Surgical scars and changes in appearance or limb alignment, and the emotional effect they can have.
Costs of care and household help
Out-of-pocket expenses such as mobility aids, transportation to appointments, and help with tasks you cannot do while healing.
The rules that apply
California law you should know
General duty of care
People generally have a duty to use ordinary care to avoid causing harm to others, and they may be responsible when their carelessness causes injury.
Civil Code § 1714
Two-year filing deadline
Most personal injury lawsuits in California must be filed within two years of the injury.
Code of Civil Procedure § 335.1
Children's claims
The filing deadline for a minor is generally paused, or tolled, while the child is under 18. A child's fracture claim may therefore have more time, though that is not always the case, so it is best to talk with an attorney early.
Code of Civil Procedure § 352
Government claims have their own short deadline
If a public agency, such as a city, school, or transit agency, may be responsible, a government claim generally must be presented within six months, and tolling for minors does not make that step optional.
Government Code § 911.2
Past medical damages
Past medical damages are generally limited to the amounts actually paid or incurred, rather than the full amount billed.
Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
Pure comparative fault
If an insurer argues you share some blame, compensation is generally reduced by your percentage of fault rather than barred.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- X-rays, CT scans, and other imaging showing the fracture and healing
- Surgical reports, operative notes, and records of any hardware used
- Physical therapy and follow-up visit records
- Photos of the injury, casts, scars, and the scene of the incident
- Police, CHP, or incident report numbers and property-owner reports
- Names and contact information for witnesses
- Pay records, work notes, and job descriptions showing physical demands
- A journal or photos showing how the injury affects daily life
Mistakes insurers count on
- Giving a recorded statement or signing forms for an insurance company
- Settling before you know whether surgery or more treatment will be needed
- Stopping therapy or follow-up care early without telling your doctor
- Assuming a healed X-ray means the claim is over
- Waiting too long, especially if a public agency may be involved
- Posting about the incident or your activities on social media
Step by step
How we handle your case
- 1
Focus on your recovery
We encourage you to see your doctors, follow the treatment plan, and attend every follow-up. Your health comes first, and complete records protect your claim.
- 2
Collect the medical story
We gather imaging, surgical records, therapy notes, and physician opinions about your recovery and any lasting effects.
- 3
Document how life has changed
We build a record of your work, family, and daily routines before and after the injury, because insurers often focus on the X-ray alone.
- 4
Plan for future care and earning capacity
Where appropriate, we work with treating doctors and other professionals to estimate future medical needs and any effect on your ability to work.
- 5
Deal with the insurers
We handle communications with adjusters so you do not give recorded statements or sign releases that can limit your claim.
- 6
Negotiate or take the case to trial
We negotiate for fair compensation and file suit within the deadline when needed, preparing the case to be tried.
Straight answers
Frequently asked questions
There is no fixed number, and we cannot predict an outcome. Value depends on the type of fracture, whether surgery was needed, how long you recovered, whether complications developed, your lost income, and how the injury affects your daily life. We build the claim from your medical and work records.
Injury Types