A comminuted fracture is a serious and complex bone injury in which the bone shatters into three or more pieces. It typically results from high-impact trauma, such as a car crash, or severe fall. In a California personal injury case, a comminuted fracture can justify significant compensation due to the extensive treatment, surgery, long recovery time, and potential permanent disability it may cause.
🦴 What Is a Comminuted Fracture?
A comminuted fracture is when a bone breaks into multiple fragments, making it one of the most difficult types of fractures to treat. It often requires:
- Surgical intervention (internal fixation with plates, screws, rods)
- Extended hospitalization or rehab
- Physical therapy and mobility aids
- In some cases, multiple surgeries
These fractures most commonly affect:
- Femur
- Tibia/fibula
- Humerus
- Pelvis
- Forearm bones
- Skull (in traumatic brain injury cases)
🚗 Common Causes in California Personal Injury Claims
Comminuted fractures are usually caused by severe external force, including:
- Motor vehicle accidents (including pedestrian or motorcycle crashes)
- Construction site accidents (e.g., machinery or falls)
- Slip-and-fall or trip-and-fall injuries
- Bicycle accidents
- Assaults involving blunt force trauma
- Defective product incidents (e.g., gym or industrial equipment)
⚖️ Legal Basis for a Personal Injury Case in California
To recover compensation, you must show the injury was caused by another party’s negligence:
- Duty of Care – The defendant owed a duty to act with reasonable care.
- Breach of Duty – That duty was violated (e.g., unsafe driving, failure to maintain premises).
- Causation – Their negligence directly caused your comminuted fracture.
- Damages – You suffered actual harm (medical bills, lost wages, pain, etc.).
California follows a pure comparative negligence rule — if you were partially at fault, your compensation is reduced by your percentage of fault.
💰 Compensation for a Comminuted Fracture
Due to its severity, a comminuted fracture can result in high-value claims, especially when long-term disability or disfigurement is involved.
🔹 Economic Damages:
- ER and hospitalization costs
- Orthopedic surgery (multiple procedures possible)
- Rehabilitation and physical therapy
- Prescription medication
- Mobility aids (crutches, braces, walkers)
- In-home care or assistance
- Lost income and reduced earning potential
- Future medical expenses
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of consortium
🔹 Punitive Damages:
In rare cases involving recklessness or intentional harm (e.g., DUI, assault), punitive damages may apply.
🧾 Key Evidence for Your Case
✅ Important documentation includes:
- X-rays, MRIs, and surgical records
- Treating physician reports and orthopedic evaluations
- Accident or police reports
- Photos of injuries and accident scene
- Witness statements
- Medical bills and treatment costs
- Documentation of lost wages and job restrictions
- Therapy progress notes
- Personal journals on pain and daily limitations
⏳ Statute of Limitations in California
- Personal injury claims: Must be filed within 2 years from the date of injury.
- Claims against public/government entities: Must file an administrative claim within 6 months.
🕒 Don’t delay — early legal consultation helps preserve evidence and strengthens your claim.
👨⚖️ Why You Need a Personal Injury Lawyer
A comminuted fracture often involves life-altering consequences, and insurance companies may still try to downplay the seriousness of your injury. An experienced California personal injury lawyer can:
- Assess the full value of your claim (including future care)
- Negotiate with insurers for maximum compensation
- File a lawsuit if settlement talks fail
- Work with orthopedic and economic experts
- Handle complex documentation and deadlines
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”]].