An avulsion fracture is a painful injury where a small chunk of bone is pulled away from the main part of the bone by a tendon or ligament under sudden force. In a California personal injury case, an avulsion fracture may result from slip-and-falls, car accidents, etc. and you may be entitled to compensation if it occurred due to another party’s negligence.
🦴 What Is an Avulsion Fracture?
An avulsion fracture happens when a tendon or ligament, under extreme stress, tears away a piece of the bone it’s attached to. It most commonly affects:
- Ankles
- Hips
- Fingers
- Elbows
- Pelvis
- Knees (especially the tibial tuberosity)
These injuries can range from mild (requiring rest and ice) to severe (requiring surgery), depending on how far the bone fragment has moved.
🚗 Common Causes in California Personal Injury Cases
Avulsion fractures often result from sudden impact, twisting, or high-stress movement, such as:
- Slip-and-fall accidents (especially on wet or uneven surfaces)
- Car, bike, or motorcycle accidents
- Trip-and-falls on stairs or sidewalks
- Dog attacks (sudden jerking of limbs)
- Physical assault or abuse
⚖️ Legal Framework: California Personal Injury Law
To file a personal injury claim for an avulsion fracture, you must prove:
- Duty of Care – The other party had a legal obligation to act safely (e.g., maintain property, drive carefully).
- Breach of Duty – They failed in that obligation (e.g., left a spill, ran a red light).
- Causation – Their action (or inaction) caused your avulsion fracture.
- Damages – You suffered physical, emotional, and/or financial harm.
🧮 Comparative Fault Rule:
Under California’s pure comparative negligence law, you can recover damages even if you were partially at fault — your compensation will just be reduced by your percentage of fault.
💰 What Compensation Can You Recover?
Even though an avulsion fracture may seem less serious than a compound break, it can still result in long recovery times, missed work, and chronic pain.
🔹 Economic Damages:
- Emergency room visits and imaging (X-rays, MRIs)
- Orthopedic evaluation and treatment
- Surgery (if the bone fragment is displaced)
- Physical therapy and rehabilitation
- Prescription medications
- Assistive devices (braces, crutches)
- Lost wages and diminished earning capacity
- Out-of-pocket medical costs
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of mobility
- Reduced quality of life
- Loss of enjoyment of activities or hobbies
🧾 Evidence That Strengthens Your Claim
✅ Gather:
- X-rays or imaging confirming the avulsion fracture
- Doctor’s diagnosis and treatment plan
- Accident or incident reports
- Photos of the accident scene or hazard
- Witness statements
- Proof of lost income
- Receipts for all related expenses
- Journals or logs of daily pain and activity limitations
⏳ California Statute of Limitations
- [Generally] 2 years from the date of injury to file a personal injury lawsuit
- If a government agency is involved (e.g., fall on public property), you must file a claim within 6 months
⚠️ Missing a deadline could mean losing your right to recover damages.
👨⚖️ Why Work With a Personal Injury Lawyer?
Insurance companies may downplay soft tissue or ligament injuries, even with a visible fracture. A California personal injury attorney can:
- Prove liability and push back on lowball offers
- Ensure you get compensation for full recovery time
- Help you calculate future costs (if complications arise)
- Work with orthopedic and medical experts
- Negotiate or take the case to trial if needed