Overview

Fractures are among the most objectively documentable injuries in personal injury practice. Unlike soft tissue injuries, fractures appear clearly on X-ray and CT imaging, making causation and injury severity far easier to establish.

Fracture litigation involves substantial complexity: the type and location of the fracture, the surgical intervention required, complications during healing, long-term functional limitations, and the client's age and occupation all dramatically affect case value. This guide covers every aspect.

Key takeaway
Fractures are well-received by juries because the injury is easy to understand and the pain is relatable. Classify precisely (type, location, open vs. closed, intra-articular vs. extra-articular), document all complications, and always address future medical needs.

Fracture Classification

Classify by skin integrity (closed vs. open with Gustilo-Anderson grading), pattern (transverse, oblique, spiral, comminuted), mechanism (compression, avulsion, stress), and location (intra-articular, extra-articular, epiphyseal). Intra-articular fractures carry high risk of post-traumatic arthritis.

Surgical Treatment

ORIF (Open Reduction Internal Fixation) uses plates, screws, and rods. Intramedullary nailing is common for femur and tibia. External fixation provides temporary stabilization. Closed reduction and casting is appropriate for stable, minimally displaced fractures.

Complications

Non-union, malunion, hardware complications, infection, compartment syndrome (surgical emergency), DVT/PE, post-traumatic arthritis, and CRPS. Each complication adds treatment costs and case value. Compartment syndrome or CRPS can transform a fracture case into a high-value claim.

Long-Term Effects

Scarring from ORIF incisions, loss of range of motion, permanent work restrictions, and need for future surgery including hardware removal and joint replacement for post-traumatic arthritis.

Broke a bone in an accident?

Fracture complications increase case value. Document everything.

Post-traumatic arthritis, CRPS, hardware issues, and non-union all add significant damages. A California injury attorney can help you recover the full value of your fracture case.

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Cross-References

Common Questions

How much is a broken bone case worth in California?

Fracture case values range widely. A simple non-surgical fracture with full recovery: $50,000 to $150,000. A fracture requiring ORIF with good recovery: $150,000 to $500,000. A comminuted or intra-articular fracture with permanent limitations: $300,000 to $1 million. Multiple fractures or severe complications: $500,000 to $3 million or more. Values depend on fracture type, complications, client age, and employment impact.

What is ORIF surgery?

ORIF stands for Open Reduction and Internal Fixation. The surgeon makes an incision to directly view and realign the bone fragments, then implants hardware (plates, screws, rods, pins) to hold them in position while healing. ORIF is indicated when fractures are displaced, unstable, involve a joint surface, or are open. The hardware may need to be removed later in a separate surgery.

What complications should I watch for after a fracture?

Fracture complications include non-union (failure to heal), malunion (healing in wrong position), infection, hardware failure or irritation, compartment syndrome (a surgical emergency), deep vein thrombosis or pulmonary embolism, post-traumatic arthritis (especially with joint fractures), and Complex Regional Pain Syndrome (CRPS). Each complication adds to treatment costs and case value.

Will I develop arthritis after my fracture?

If your fracture involved a joint surface (intra-articular fracture), the risk of post-traumatic arthritis is significant even with excellent surgical repair. The disruption of the smooth cartilage and altered joint mechanics accelerate wear. This future risk translates into potential future joint replacement, which should always be included in damages calculations and life care planning.

Sources & Citations

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Local Resources

  1. CACI 430 — Causation: Substantial Factor. Causation standard for fracture injury claims.
  2. CACI 3905A — Physical Pain, Mental Suffering, Emotional Distress. Non-economic damages for fracture pain and limitations.
  3. CACI 3905B — Scarring and Disfigurement. Separate damages element for surgical scars and deformity.
  4. CACI 3903A/B — Past and Future Medical Expenses. Medical damages for surgery, hardware removal, and future treatment.
  5. CACI 3921 — Lost Earning Capacity. Lost earning capacity from permanent work restrictions.
  6. Howell v. Hamilton Meats (2011) 52 Cal.4th 541. Medical damages limited to amounts actually paid or incurred.