Broken Bones and Body Fractures

A fracture and a broken bone are one and the same. There are two different types of fractures. An open fracture results in a tear in the skin and may have a protruding bone. A closed fracture is when the fractured bone remains under the skin. During an accident a person may experience a fracture, as well as other injuries, sometimes making the prognosis difficult to determine. Each year in the United States there are approximately 6.8 million fractures that require medical attention. Indications of a possible fracture include: a snapping sound heard during the injury, a snap felt during the injury, movement where there is not typically a joint on the body, a bone has punctured through the skin, severe pain of the injured area, increasing pain in the injured area, swelling and/or bruising, a joint or limb that is noticeably out of place, inability to walk on or move injured body part, loss of feeling and/or tingling of the injured area.

Under California law, "[a] person injured by another's tortious conduct is entitled to recover the reasonable value of medical care and services reasonably required and attributable to the tort." (Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635, 640, internal citations omitted).

A person may also recover for all detriment caused whether it could have been anticipated or not. In accordance with the general rule, it is settled in this state that mental suffering constitutes an aggravation of damages when it naturally ensues from the act complained of, and in this connection mental suffering includes nervousness, grief, anxiety, worry, shock, humiliation and indignity as well as physical pain. (Crisci v. The Security Insurance Co. of New Haven, Connecticut (1967) 66 Cal.2d 425, 433 internal citations omitted.)

The California Supreme Court has stated: " 'Under the prevailing American rule, a tort victim suing for damages for permanent injuries is permitted to base his recovery "on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury.' " (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 153, internal citations omitted.)

If you suffer a bone injury, medical treatment is necessary to determine the severity of the injury and to assess the body for any other ailments. Recovery may take a few weeks to a few months to fully recover, depending on the location of the injury and the age and health of the injured person. If you or a loved one has suffered a bone injury or fracture at the hands of another, you need the advice of an experienced lawyer. Call Charles P. Charlton today for your free consultation at (310)286-0334.