A broken collarbone (also known as a clavicle fracture) is a common and often painful injury, especially in personal injury cases in California. This injury typically results from accidents such as car crashes, or falls. A fractured clavicle can affect your ability to move your arm, carry out daily tasks, and return to work, particularly if your job involves lifting or overhead movements. If the injury occurred due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
🦴 What Is a Broken Clavicle (Collarbone)?
The clavicle is a long bone located between the sternum (breastbone) and the scapula (shoulder blade). It plays a key role in supporting the shoulder and arm. A break in the clavicle can range from a simple crack to a complete break.
Common Types of Clavicle Fractures:
- Middle third fractures: The most common, occurring in the middle portion of the bone.
- Distal (outer) fractures: Occur near the shoulder and can affect the acromioclavicular (AC) joint.
- Proximal (inner) fractures: Less common but can be more serious, near the sternum.
Symptoms of a Broken Clavicle:
- Pain and tenderness in the shoulder area
- Limited range of motion in the arm
- Swelling or bruising
- A visible bump or deformity at the site of the fracture
- Difficulty lifting the arm or carrying objects
🚗 Common Causes in Personal Injury Cases
Broken collarbones are often caused by sudden, forceful trauma. Common incidents leading to a clavicle fracture in California personal injury cases include:
- Car accidents (especially during side-impact crashes or when the seatbelt causes direct trauma to the shoulder)
- Slip-and-fall accidents (falling on an outstretched arm or directly onto the shoulder)
- Bicycle accidents (especially when riders fall onto their shoulder or chest)
- Defective products (e.g., improperly designed or constructed safety equipment)
- Assaults or physical altercations
⚖️ Legal Considerations in a California Personal Injury Claim
To pursue compensation in a personal injury case for a broken collarbone, you must prove these four elements:
- Duty of care: The defendant owed you a duty of care (e.g., driving safely).
- Breach of duty: The defendant breached that duty by acting negligently (e.g., distracted driving, unsafe premises).
- Causation: The defendant’s breach directly caused your broken collarbone.
- Damages: You suffered harm in the form of medical expenses, lost wages, pain and suffering, etc.
California follows comparative negligence rules, meaning that even if you were partially responsible for the injury (e.g., not wearing a seatbelt or taking part in risky activities), you can still recover compensation, although it may be reduced based on your level of fault.
💰 Damages You May Be Entitled To
🔹 Economic Damages
- Medical expenses (hospital stays, surgery, physical therapy)
- Prescription medications (painkillers or anti-inflammatory drugs)
- Physical therapy (rehabilitation to regain full shoulder function)
- Assistive devices (slings, braces, mobility aids)
- Lost wages (for time off work, especially if your job involves manual labor or overhead movements)
- Future medical costs (if long-term treatment or surgery is required)
- Home care (if you need help with daily activities during recovery)
🔹 Non-Economic Damages
- Pain and suffering (due to the injury, medical procedures, and long recovery)
- Loss of enjoyment of life (if the injury affects your ability to perform normal activities)
- Emotional distress (anxiety, frustration, or depression related to recovery)
- Disfigurement or permanent scarring (if surgery or the injury leaves a visible mark)
🔹 Punitive Damages
In cases involving gross negligence or intentional misconduct (e.g., DUI accidents, deliberate harm), punitive damages may be awarded to punish the wrongdoer and deter future misconduct.
🧾 Evidence Needed to Strengthen Your Claim
A successful personal injury claim requires thorough documentation. Here’s the type of evidence you’ll need to support your claim for a broken collarbone:
✅ Important Evidence:
- Medical records: Including diagnosis, X-rays, CT scans, or MRIs that confirm the fracture
- Surgical reports: If surgery was performed, documentation of procedures and recovery
- Physical therapy records: If therapy is required for rehabilitation
- Photographs: Of the injury or accident scene
- Witness statements: From bystanders, co-workers, or others who observed the incident
- Accident report: If the injury was caused by an accident (e.g., police report for a car crash)
- Work records: To prove lost wages or income due to the injury
⏳ California Statute of Limitations
In California, personal injury claims have strict deadlines, known as the statute of limitations:
- Personal injury cases: You have 2 years from the date of the injury to file a lawsuit.
- Claims involving government entities (e.g., city sidewalk accidents): You must file an administrative claim within 6 months.
If you don’t file your case before the deadline, you may lose your right to seek compensation.
👨⚖️ Why You Should Hire a Personal Injury Attorney
Even with a clear case, insurance companies may try to reduce the value of your claim or deny responsibility. An experienced California personal injury attorney can help:
- Maximize your compensation: Ensuring that all your medical expenses and future care costs are covered.
- Negotiate with insurers: Lawyers handle negotiations with insurance companies to make sure you don’t settle for less than your case is worth.
- Handle complex legal processes: Your lawyer can file paperwork, gather medical evidence, and bring in expert witnesses to strengthen your case.
- Take the case to court: If necessary, your lawyer can represent you at trial to ensure you receive the compensation you deserve.
Law Offices of James R. Dickinson – 909-848-8448
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