Compound fracture in California personal injury case

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:

  1. Duty of Care – The defendant had a legal responsibility to act safely or maintain a hazard-free environment.
  2. Breach of Duty – They failed to act reasonably (e.g., texting while driving, failing to fix broken stairs).
  3. Causation – Their actions directly caused your compound fracture.
  4. 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”]].

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