A broken humerus (the upper arm bone between the shoulder and elbow) is a painful and function-limiting injury that can have serious consequences — especially when it results from a personal injury incident like a car accident or fall. In California, if someone else’s negligence caused your humerus fracture, you may be entitled to compensation for medical costs, lost income, pain and suffering, and other damages.
🦴 What Is a Humerus Fracture?
The humerus is a long bone in the upper arm that connects the shoulder to the elbow. A fracture can occur in different parts of the bone, including:
Types of Humerus Fractures:
- Proximal humerus fracture: Near the shoulder (common in falls, especially among older adults)
- Mid-shaft humerus fracture: Middle portion of the bone (often from direct trauma)
- Distal humerus fracture: Near the elbow (can affect joint movement)
Fractures may also be:
- Displaced or non-displaced
- Open (compound) or closed
- Comminuted (bone shattered into several pieces)
🚗 Common Causes in California Personal Injury Cases
A fractured humerus often results from direct trauma or sudden force, commonly in:
- Car or motorcycle accidents
- Bicycle or pedestrian accidents
- Slip-and-fall or trip-and-fall incidents
- Assault or battery
- Defective product accidents (e.g., malfunctioning gym equipment)
⚖️ Legal Grounds for Compensation in California
To bring a successful personal injury claim in California, you must prove:
- Duty of Care – The defendant had a legal duty to act reasonably (e.g., drive safely, maintain safe property).
- Breach of Duty – They failed to meet that duty (e.g., ran a red light, didn’t clean a wet floor).
- Causation – Their negligence directly caused your injury.
- Damages – You suffered losses (financial, physical, and emotional) as a result.
California’s pure comparative negligence law allows you to recover compensation even if you were partially at fault, though your recovery will be reduced by your percentage of fault.
💰 Types of Compensation You May Be Entitled To
🔹 Economic Damages:
- Emergency room and hospital bills
- Surgery (such as metal plates, screws, or rods to stabilize the bone)
- Follow-up care and physical therapy
- Prescription medications and mobility aids
- Lost wages (due to time away from work)
- Loss of future earning capacity (if long-term limitations result)
- Medical travel costs
🔹 Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life (if you can’t return to hobbies, sports, or routine tasks)
- Emotional distress
- Disfigurement or scarring
- Loss of consortium (impact on relationships with spouse or partner)
🔹 Punitive Damages:
In rare cases involving gross negligence or intentional harm (e.g., DUI accident or assault), punitive damages may be awarded to punish the wrongdoer.
🧾 Evidence That Strengthens Your Case
To prove your injury and its impact, you’ll need:
✅ Key Evidence:
- X-rays, MRIs, and medical records
- Surgical reports and physician notes
- Photos of your injury and the accident scene
- Accident or police reports
- Witness statements
- Proof of lost income (e.g., pay stubs, employer letters)
- Rehabilitation/physical therapy documentation
- Personal pain journal (daily struggles and limitations)
⏳ Statute of Limitations in California
- Standard personal injury claim: Must be filed within 2 years from the date of injury.
- Claims against a government entity: Must be filed within 6 months via an administrative claim.
Delaying action beyond these deadlines may forfeit your right to compensation.
👨⚖️ Why Hire a Personal Injury Attorney?
Humerus fractures often involve long recovery times, pain management, and reduced mobility — and insurers may still try to minimize your claim. An experienced California personal injury attorney can:
- Negotiate with insurers to pursue full compensation
- Gather expert medical testimony on future treatment needs
- Prove how your injury affects your work and life
- Represent you in court if a fair settlement isn’t offered
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].