A skull fracture in a California personal injury case significantly raises the stakes. It’s considered a serious traumatic injury, and if someone else’s negligence or intentional actions caused it, California law may entitle you to substantial compensation.
Let’s break it down so you know what you’re dealing with legally and what your next steps might be:
🦴 What Is a Skull Fracture?
A skull fracture occurs when one or more bones in the skull crack or break due to trauma. These can be:
- Linear fractures – a simple break with no bone displacement
- Depressed fractures – part of the skull is sunken in
- Basilar fractures – at the base of the skull, often near the eyes or ears (serious risk)
- Compound fractures – open wounds, often with a risk of infection or brain exposure
Skull fractures often occur alongside TBIs, brain swelling, or bleeding—making them extremely serious.
⚖️ Legal Grounds for a Personal Injury Case in California
You can bring a personal injury claim if the skull fracture was caused by:
- Car, motorcycle, or truck accidents
- Slip or trip and falls
- Assault or battery
- Defective products or equipment
- Sports injuries (especially in schools or organized leagues)
📋 What You Need to Prove
To win your case, you need to establish:
- The defendant owed you a duty of care (e.g., driver, property owner, employer).
- They breached that duty (e.g., driving drunk, failing to maintain safe premises).
- Their actions caused your injury (direct link between their actions and your fracture).
- You suffered damages (medical bills, lost income, pain and suffering, etc.).
💵 What Damages Can You Recover?
Because a skull fracture is a serious injury, your compensation could be extensive, including:
🔹 Economic damages
- Emergency treatment and surgery
- ICU, hospitalization, or follow-up care
- Ongoing rehab or neurological evaluations
- Lost wages and reduced earning capacity
- Medical equipment or home care
🔹 Non-economic damages
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Scarring or disfigurement
- Permanent disability (if brain damage occurred)
🔹 Punitive damages
If the injury was caused by gross negligence or intentional harm (like an assault or DUI), California courts may award punitive damages to punish the wrongdoer.
⏳ Statute of Limitations in California
- [Generally] 2 years from the date of the injury to file a lawsuit
- If the injury was caused by a government entity, you have 6 months to file a government claim
- In some cases, the “delayed discovery rule” may apply if the full extent of the injury wasn’t immediately apparent
🧑⚖️ Proving the Injury
Skull fractures are typically easier to prove than some TBIs because they show up clearly on:
- X-rays
- CT scans
- MRI scans
- Neurosurgeon reports
Still, it’s critical to document symptoms, medical treatment, pain levels, and recovery to make your case as strong as possible.
🚨 Why Legal Help Is Crucial
Given the seriousness of a skull fracture, insurance companies may:
- Try to downplay your symptoms
- Offer lowball settlements
- Delay the claims process
A California personal injury lawyer can handle this pressure and fight for full compensation.
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”]].