A compound fracture — also known as an open fracture — is a serious and traumatic injury where the broken bone pierces through the skin, exposing it to infection and often requiring emergency surgery, extended hospitalization, and long-term rehabilitation. In a California personal injury case, a compound fracture typically results in substantial medical costs, lost income, pain, and suffering, all of which may be compensable if someone else’s negligence caused the injury.
🦴 What Is a Compound (Open) Fracture?
A compound fracture occurs when:
- The bone breaks completely and
- Protrudes through the skin, or the trauma creates an open wound that exposes the bone.
This type of fracture is particularly dangerous because:
- There’s a high risk of infection
- It often requires immediate surgery
- Recovery can take months or even years
- It may result in permanent disability or disfigurement
🚗 Common Causes in California Personal Injury Claims
Compound fractures are typically caused by high-impact accidents, such as:
- Car or motorcycle collisions
- Pedestrian or bicycle accidents
- Slip-and-falls from a height
- Construction site accidents
- Defective product malfunctions
- Assault or violent incidents
⚖️ Legal Elements of a Personal Injury Case in California
To recover damages, you’ll need to prove that the at-fault party’s negligence caused your injury:
- Duty of Care – The defendant had a legal responsibility to act safely or maintain a hazard-free environment.
- Breach of Duty – They failed to act reasonably (e.g., texting while driving, failing to fix broken stairs).
- Causation – Their actions directly caused your compound fracture.
- Damages – You suffered financial and non-financial harm (medical bills, lost wages, pain, etc.).
✅ Comparative Negligence in California:
Even if you were partially at fault, you can still recover damages — your compensation is just reduced by your percentage of fault.
💰 What Compensation Can You Recover?
🔹 Economic Damages:
- Emergency surgery and hospitalization
- Orthopedic care (pins, plates, rods, screws)
- Multiple follow-up surgeries
- Physical and occupational therapy
- Prescription medications
- Mobility aids (crutches, wheelchairs)
- Lost wages during recovery
- Future lost earning capacity
- Home modifications (ramps, lifts)
🔹 Non-Economic Damages:
- Pain and suffering
- Scarring or disfigurement
- Loss of enjoyment of life
- Loss of mobility or permanent disability
- Emotional distress
- Loss of consortium (impact on relationships)
🔹 Punitive Damages:
May apply in cases involving gross negligence or intentional harm, such as drunk driving or physical assault.
🧾 Important Evidence for Your Claim
To build a strong case, you need to document the full extent of your injury and losses:
✅ Gather:
- ER and hospital records
- X-rays and surgical reports
- Photos of the injury and accident scene
- Witness statements
- Accident or incident reports (police, OSHA, etc.)
- Documentation of lost wages and employment status
- Therapy and rehab records
- Personal journal detailing pain and limitations
- Expert medical testimony (prognosis, future care)
⏳ Statute of Limitations in California
- Standard personal injury claims: Must be filed within 2 years from the date of the injury.
- Claims against a government agency (e.g., public property injury): Must file an administrative claim within 6 months.
Waiting too long could mean losing your right to compensation — early action is critical.
👨⚖️ Why You Need a Lawyer for a Compound Fracture Case
Compound fractures usually result in high medical costs, prolonged suffering, and long-term impact — and insurance companies will often try to downplay your claim. A skilled California personal injury lawyer can:
- Accurately value your current and future losses
- Negotiate with insurance companies
- File a lawsuit if necessary
- Connect you with medical experts and life care planners
- Fight for maximum compensation for you and your family
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”]].