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Fractures

When a bone fractures (breaks) the result is most often intense pain, swelling, and inflammation. A fracture does not automatically preclude the injured party’s ability to move the joint above or below an injury, which does not mean that the bone is not broken. It just means that the muscles and tendons that move the joint still work. Pain from a fracture is most often felt at the site of the break, but it can be referred elsewhere. For example, hip injuries can result in knee pain.

Other body structures can also be damaged when a bone breaks. If there is nerve inflammation or injury, numbness and tingling can result. If the artery at a fracture site is torn, kinked or clots off, preventing blood from circulating, a limb may be cool and without pulse.

Common types of bone fractures include:

  • stress fractures,
  • compression fractures,
  • open fractures,
  • skull fractures,
  • rib fractures,
  • wrist fractures,
  • hip fractures,
  • arm fractures,
  • foot fractures,
  • elbow fractures,
  • broken nose,
  • leg fractures,
  • ankle fractures, and
  • hand and toe fractures

Liability

Where a fracture, however caused, was the result of another person’s negligence, the injured party will most likely have a claim in law for damages.
In California, a person is liable for injuries caused by his or her failure to exercise reasonable care, in the circumstances, towards another.

Time is of the essence as there are statutes of limitations applicable to all civil claims against in California, whether the responsible party is an individual, a corporation, or a governmental agency, through an employee, such as a bus driver, heavy equipment operator, or police officers. Generally, there is a two-year statute of limitations for personal injury in California. However, if the injury was caused by the State of California, any of its Counties, Cities, any of their agencies, and/or by any employee/s, it is mandatory to give notice of your intent to file a lawsuit as required by statute. This has to be done no later than six months after you were injured. Unless filed in a timely manner you will forever lose your ability to file a lawsuit for damages.

It is important that you consult as soon as possible with an attorney who understands this complex area of the law, who can review issues of liability and damages with you, and make recommendations on the best course of action you can follow. Call to speak with one of our personal injury attorneys.

Pruitt v Alexander

Represented client injured by custodial staff while in prison. Case settled for $500,000 before trial.

Riley v Orange County

Represented client injured by custodial staff while in jail. Case settled for $335,000 before trial.

Confidential Settlement.

Represented client subject to unreasonable search and seizure, and then subject to excessive force, being Tased by a police officer. Case settled for $400,000 before trial.