A spiral fracture is a serious type of bone break that happens when a twisting force causes the bone to fracture in a spiral shape, wrapping around the shaft of the bone like a corkscrew. In a California personal injury case, a spiral fracture often occurs in violent accidents, such as car crashes, falls, or physical assault, and may entitle you to substantial compensation due to the injury’s severity, treatment demands, and long recovery period.
🦴 What Is a Spiral Fracture?
A spiral fracture occurs when a bone breaks due to a rotational or torsional force — common in high-impact or twisting injuries. It most often affects long bones like the:
- Tibia (shin)
- Fibula
- Femur (thigh)
- Humerus (upper arm)
- Radius or ulna (forearm)
Key facts:
- Often requires surgical fixation (with rods, plates, or screws)
- Can cause soft tissue damage
- Long recovery time (months)
- May involve permanent limitations or complications
🚗 Common Causes in California Personal Injury Cases
Spiral fractures are typically caused by a violent twisting motion or forceful trauma, such as:
- Car or motorcycle accidents (e.g., leg or arm twisting on impact)
- Pedestrian or bicycle crashes
- Slip-and-fall or trip-and-fall incidents (especially on uneven surfaces)
- Assaults or domestic violence
- Defective equipment accidents
⚖️ Legal Standards for Personal Injury in California
To succeed in a personal injury claim, you’ll need to show the spiral fracture was caused by someone else’s negligence:
- Duty of Care – The responsible party had an obligation to act safely.
- Breach of Duty – They failed to act reasonably (e.g., unsafe driving, failure to maintain premises).
- Causation – Their negligence directly caused your injury.
- Damages – You suffered real harm (medical costs, income loss, pain, etc.).
🔹 Comparative Fault Rule:
Under California’s pure comparative negligence law, you can still recover damages even if you were partly at fault — your recovery is reduced by your percentage of responsibility.
💰 What Compensation Can You Claim?
Because spiral fractures can involve surgery, extensive rehab, and long-term disability, your claim may include:
🔹 Economic Damages:
- Emergency treatment and hospitalization
- Orthopedic surgery and follow-up care
- Physical and occupational therapy
- Pain medication and medical devices (braces, crutches)
- In-home care or transportation costs
- Lost wages and future earnings
- Medical equipment (e.g., walking boots, scooters)
- Future medical expenses (especially if complications arise)
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Loss of enjoyment of life
- Permanent disability or mobility issues
- Loss of consortium (impact on relationships)
🧾 What Evidence Will Strengthen Your Case?
✅ Gather the following:
- X-rays and imaging reports
- Surgical records
- Physician and orthopedic evaluations
- Photos of your injury and accident scene
- Accident or incident reports (e.g., police, OSHA)
- Eyewitness statements
- Proof of lost wages or employment limitations
- Journal of your pain and physical limitations
- Expert testimony (medical or vocational)
⏳ California’s Statute of Limitations
- [Generally] 2 years from the date of injury for most personal injury claims.
- If the injury involves a government entity (e.g., a public sidewalk or city vehicle), you must file a government claim within 6 months.
👨⚖️ Why Hire a California Personal Injury Lawyer?
Spiral fractures are severe orthopedic injuries with lasting consequences. A skilled attorney can:
- Accurately assess your damages, including future losses
- Handle complex negotiations with insurers
- File a lawsuit if a fair settlement isn’t offered
- Work with medical experts to document long-term impacts
- Make sure nothing gets missed, including hidden future costs
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
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