A broken tibia or fibula — or both — is a serious leg injury that often occurs in high-impact accidents such as car crashes, motorcycle accidents, or slip-and-fall incidents. These fractures can be painful, debilitating, and life-disrupting, especially when they require surgery or extensive rehabilitation. In a California personal injury case, if your tibia/fibula fracture was caused by someone else’s negligence, you may be entitled to significant compensation for medical expenses, lost income, and pain and suffering.
🦴 What Are the Tibia and Fibula?
- The tibia (shinbone) is the larger, weight-bearing bone in the lower leg.
- The fibula is the thinner bone that runs parallel to the tibia and supports the ankle and lower leg.
Fractures to these bones may be:
- Isolated (only the tibia or fibula is broken)
- Combined (both bones broken in one or multiple locations)
- Open (compound) (bone pierces the skin)
- Closed (skin remains intact)
- Displaced (bone ends are out of alignment)
- Comminuted (bone is shattered into multiple pieces)
🚗 Common Causes in Personal Injury Claims
Tibia and fibula fractures are usually caused by strong force or direct impact. Common incidents in California personal injury cases include:
- Motor vehicle collisions
- Motorcycle or bicycle accidents
- Pedestrian hit by a car
- Slip-and-fall or trip-and-fall on uneven or unsafe surfaces
- Assaults or intentional harm
⚖️ Legal Elements in a California Personal Injury Case
To successfully file a claim for a broken tibia/fibula in California, you need to show:
- Duty of Care – The responsible party owed you a duty to act reasonably (e.g., safe driving, maintaining property, etc.)
- Breach of Duty – That party breached their duty (e.g., distracted driving, failing to clean up a spill).
- Causation – The breach directly caused your injury.
- Damages – You suffered measurable losses (e.g., medical expenses, lost wages).
California follows pure comparative negligence, meaning even if you were partially at fault, you can still recover compensation — but it may be reduced in proportion to your level of fault.
💰 Compensation You May Be Entitled To
🔹 Economic Damages
- ER visit and hospitalization
- Orthopedic surgery (such as rods, pins, plates, or screws)
- Follow-up care and physical therapy
- Pain medications and assistive devices
- Lost wages and future lost earning capacity
- Travel costs for medical appointments
- Home modifications (e.g., ramps or stair lifts if mobility is limited)
🔹 Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life (especially if you can’t return to sports or daily routines)
- Emotional distress
- Scarring or disfigurement
- Permanent disability or impairment
- Loss of consortium (if the injury affects a spousal relationship)
🔹 Punitive Damages
In rare cases involving gross negligence (e.g., DUI or intentional harm), punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
🧾 Key Evidence to Build Your Case
To succeed in a personal injury claim, you’ll need clear evidence that proves how the injury occurred and how it has impacted your life:
✅ Gather the Following:
- X-rays, MRIs, CT scans showing the fracture
- Medical records and surgical notes
- Photos of the injury and accident scene
- Accident reports (e.g., police reports)
- Witness statements
- Proof of lost income (pay stubs, employer letters)
- Physical therapy and recovery records
- Personal journal documenting pain and life limitations
- Expert medical testimony (about long-term consequences)
⏳ California Statute of Limitations
- Standard personal injury: You have 2 years from the date of injury to file a lawsuit.
- Claims against government entities: You must file an administrative claim within 6 months.
Failing to file within these deadlines may bar you from recovering any compensation.
👨⚖️ Do I Need a Personal Injury Lawyer?
Yes — especially with serious injuries like a tibia/fibula fracture, because:
- Insurance companies often try to downplay the severity or long-term impact.
- A lawyer can help maximize compensation by documenting future medical needs and lost earning capacity.
- They’ll handle negotiations, gather evidence, and take your case to court if needed.
- They may consult medical and economic experts to support your claim’s full value.
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”]].