Guide to Broken Bone Claims in California (2025)

If you’ve broken a bone due to someone else’s negligence, you may have the right to take legal action. A broken bone claim allows you to seek compensation for the losses you’ve experienced due to the injury. In this guide, we share what you need to know about these claims, including eligibility criteria, types of damages, and filing deadlines.

Can You Sue for a Broken Bone Injury?

Yes, you may sue for a broken bone if someone else’s negligence or misconduct caused the fracture. The party you can sue depends on your case’s circumstances, such as where and how the injury happened. Potentially liable parties include:

A business owner, if the injury occurred on their property due to dangerous conditions
A reckless motor vehicle driver, if you were injured in a car accident
A product manufacturer, if a defective product caused your injury
A government agency, if improper public road or walkway maintenance led to your injury

There are some instances in which you may not be eligible to sue for a bone fracture, even if someone else is at fault. For example, if your injury resulted from a workplace accident involving employer negligence, the workers’ compensation system may limit your ability to sue.

How To Determine Fault and Negligence for a Bone Fracture

Someone else may be liable for your broken bone if you can establish the following elements:

They owed you a duty of care. This means the other party was responsible for preventing harm to you. This duty automatically exists in many situations, like driving on the road or visiting a commercial property.
They breached their duty of care. The other party acted negligently by failing to act as a reasonable person would under the circumstances.
Their breach of duty caused your injury. You wouldn’t have broken a bone if the other party had met their duty of care.
You suffered damages as a result of the breach. You sustained compensable physical, emotional, or financial harm because of the incident.

Examples of Negligence in a Broken Bone Claim

Negligence looks different in each case. The following are some scenarios showing how someone else’s negligence can cause broken bones.

Car Accident

A young woman is injured in a T-bone accident at an intersection. The other driver was distracted by his phone, which caused him to run a red light and collide with the woman’s vehicle.

The woman suffers multiple fractures in her legs. Because her nursing job requires her to be constantly on her feet, she’s unable to work for over a year while her injuries heal. She may seek medical expenses, lost wages, pain and suffering, and other damages from the negligent driver’s car insurance.

Bicycle Accident

A teenager is thrown from his bicycle after hitting a pothole in the bike lane. Other cyclists had repeatedly complained to the city about the pothole, but the city ignored the issue for several months.

The impact causes the cyclist to break his collarbone and several bones in his arm and hand. He requires surgery and immobilization to treat the fractures. He might be eligible to sue the city for his damages.

Pedestrian Trip Accident

An elderly man is walking when he trips and falls over a crack on a public sidewalk. City employees noticed the crack during a routine safety inspection months earlier but failed to repair it.

As a result of the trip, the man suffers a broken ankle and wrist. He undergoes multiple surgeries and seeks compensation from the city for his medical expenses and other damages.

Trip, Slip, and Fall Accident

A middle-aged woman slips on a wet floor while walking to the bathroom at a restaurant. A server had spilled a drink and left the area without displaying a wet floor sign.

The fall causes the woman to fracture several vertebrae in her spine. The fractures cause severe back pain and limit her mobility significantly. Some of her symptoms are permanent despite extensive treatment, which forces her to end her teaching career. She sues the restaurant for her medical expenses, lost wages, lost earning capacity, and pain and suffering.

School Playground Accident

An elementary school student falls eight feet from a playground platform at school. The surface below the play structure was concrete, meaning her body absorbed nearly all the impact.

The child suffers multiple injuries, including bone fractures in her arms, legs, and pelvis. Her parents sue the playground designers for failing to provide a soft landing area below the play structure. Their damages include medical expenses, lost wages for the work they missed to care for their daughter, and pain and suffering.

Trampoline Park Accident

A five-year-old child is injured at a trampoline park that staff members had allowed to become overcrowded. A large group of older children was jumping on the same trampoline as the child, which caused him to become airborne and land awkwardly on his arm.

The child suffers a broken wrist and forearm. He requires a cast and several medical appointments to monitor the healing process. His parents sue the trampoline park for his medical expenses.

Construction/Industrial Work Accident

A construction worker falls off a ladder while working on a building site. A third-party contractor was responsible for stabilizing the ladder but failed to do so, resulting in the construction accident.

The worker fractures bones in his leg and undergoes surgery. He cannot work for several months and suffers from financial strain due to the loss of income. The worker files a lawsuit against the contractor for his medical expenses and lost wages.

Nursing Home Neglect

A nursing home resident needed to use the restroom, but staff members ignored her requests for assistance. The neglect gave her no choice but to get up on her own despite her mobility challenges, which caused her to fall.

The resident breaks her hip and undergoes surgery. She and her family sue the nursing home for her medical expenses and pain and suffering.

What Compensation Could You Get for a Broken Bone?

You may seek compensation for any losses you suffer as a result of your bone fracture. This includes economic damages, which cover the financial losses you and your family face. Common economic damages include past and future medical expenses, lost wages, and lost earning capacity.

Your compensation may also include non-economic damages, which cover the injury’s impact on your quality of life. Pain and suffering are the most common types of non-economic damages in broken bone injury compensation claims. It can cover both your physical pain and emotional distress.

Broken Bone Compensation Examples

Every personal injury case has a unique value, depending on the victim’s damages and other factors. Here are some examples of compensation we’ve recovered for our clients in broken bone cases.

Broken Jaw Case

Attorney Celine Cutter represented a cyclist in Sonoma County who suffered a broken jaw after she rode her bike through a large pothole, which she proved at trial was a “dangerous condition of public property.”

The plaintiff had returned to work after the accident, and many people thought that she had fully recovered, so the attorneys at Cutter Law had to interview her friends, family, and co-workers to learn how the injuries had affected her.

The jury awarded the plaintiff $1.895 million, including $1 million for past pain and suffering. Because the jury found the plaintiff 30 percent responsible, the award was reduced by 30 percent to around $1.33 million.

Pelvic Fracture Case

Brooks Cutter obtained a large confidential settlement on behalf of a worker who suffered a pelvic fracture as a result of an industrial incident.

Types of Bone Fractures

There are several different types of bone fractures, including the following:

Compound fractures: Also known as open fractures, compound fractures occur when the bone breaks through the skin.
Simple fractures: Also known as a closed fracture, a simple fracture occurs when the bone breaks but doesn’t penetrate the skin.
Displaced fractures: A displaced fracture occurs when the fragments of a bone move out of alignment and create a gap around the fractured area.
Non-displaced fractures: A non-displaced fracture occurs when the broken bone remains in its original position and is still aligned.
Avulsion fractures: An avulsion fracture occurs when a small piece of bone attached to a tendon or ligament pulls away from the main part of the bone.
Buckle fractures: A buckle fracture is an incomplete bone fracture where one side of the bone buckles or bends while the other side is intact.
Stress fractures: A stress fracture is a tiny crack in a bone caused by repeated stress to the bone.

Steps To Take After a Broken Bone Injury

The steps you take after breaking a bone can significantly impact the outcome of your case. Consider doing the following to protect your health and your right to fair compensation:

Get immediate medical attention, even if you suspect your injury is minor. Follow your doctor’s treatment instructions.
Document the incident. Take photos of the accident scene, get witness information, and gather insurance details from the other party.
File a report. Call the police to the scene if necessary, and report the incident to the property owner if you were injured on their premises.
Keep track of your expenses and losses, and hold on to all relevant receipts and documents.
Avoid speaking to the insurance company or property owner in detail until you’ve hired an attorney.
Contact a personal injury lawyer for further guidance.

How Long Do You Have To File a Bone Fracture Claim in California?

California’s personal injury statute of limitations is two years. That means, in most cases, you have two years from the day you were injured to file a claim. If the government is liable for your injury, you’ll have only six months to take legal action.

How Can a Personal Injury Attorney Help?

The liable party might have insurance to cover your damages. However, getting fair compensation is challenging, as the insurance company might try to take advantage of you and pressure you into accepting a lower settlement than you deserve. You’re also dealing with plenty of stress after a broken bone injury, and you might not have the time or energy to navigate the legal process.

That’s where we come in. Our personal injury attorneys can protect you from the insurer’s tactics and build a strong broken bone claim on your behalf. We’ll handle every legal detail while you focus on your recovery, including investigating liability, gathering evidence, and negotiating with insurance adjusters.

If you or a loved one has broken a bone due to someone else’s negligence, Cutter Law can help you seek maximum compensation. Fill out our contact form today for a no-fee consultation to see how we can support you.

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