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How Does California Law Handle Compensation for Catastrophic Injuries Like Broken Bones?
When facing the aftermath of a catastrophic injury like a broken bone, individuals should understand their compensation rights under California law. Broken bones can cause immense pain, months of recovery and financial strain from medical bills, lost wages and other expenses. If someone else’s negligence caused your injury, you deserve fair compensation to help rebuild your life. Our attorneys at the Law Office of Scott Righthand, P.C. provide a breakdown of how California law addresses compensation for such injuries and what you should know about pursuing a claim. For case-specific legal guidance, contact our firm for a consultation.
Legal Procedures and How Fault Is Determined in California
California follows a fault-based system for personal injury cases, meaning determining who is responsible for the accident is a critical first step. The state adheres to the legal principle of pure comparative negligence, which allows injured parties to recover compensation even if they are partially at fault for the accident. However, the damages awarded will be reduced by the percentage of fault assigned to them. For example, if you are found 20% at fault for the accident that caused your broken bone, you may still recover 80% of your total damages.
To prove fault, evidence such as police reports, witness statements, photos of the accident scene, medical records and professional analysis of how the injury occurred are crucial. Seeking legal representation early ensures this evidence is properly gathered, preserved and presented.
Types of Compensable Damages for Broken Bones
Under California law, individuals injured due to another party’s negligence may seek a range of damages, including:
- Medical Expenses. This includes emergency room visits, surgeries, imaging tests like X-rays or MRIs, follow-up appointments, medication, physical therapy and assistive devices like crutches or splints.
- Lost Wages and Loss of Earning Capacity.    A broken bone may prevent you from working temporarily or, in severe cases, permanently. Compensation can cover income you’ve already lost and even account for diminished earning capacity if you can no longer perform your previous job.
- Pain and Suffering. This aspect goes beyond the tangible bills, addressing the physical pain and emotional distress caused by the injury. For instance, a broken bone that limits mobility for months can lead to anxiety over daily struggles or missing out on significant life events.
- Property Damage. If personal property, such as a vehicle in a car accident, is damaged, you can also seek reimbursement for repairs or replacement.
Are There Limits on Compensation for Broken Bones?
It’s important to note the statute of limitations, which is the legal deadline for filing a personal injury claim in California, and this statute applies to broken bone injuries. Typically, you have two years from the date of the injury to file, but starting your claim promptly helps preserve evidence and strengthens your case.
What Influences the Amount of Compensation for Broken Bones?
A variety of factors affect the amount of compensation you might receive for a broken bone, including:
- Severity of the Injury. A hairline fracture may result in different compensation compared to a compound fracture requiring extensive surgery and rehabilitation.Â
- Impact on Daily Life. If your injury causes long-term disability or prevents you from returning to your job or hobbies, your claim’s value will likely increase.Â
- Documentation of Damages. The more thorough your documentation of medical treatment, lost wages and other costs, the stronger your case for maximum compensation.
Seek Justice with the Law Office of Scott Righthand, P.C.
Recovering from an injury like a broken bone is hard enough; navigating a personal injury claim shouldn’t add to your stress. At the Law Office of Scott Righthand, P.C., we understand the physical, emotional and financial toll an injury can take on your life. Contact us today to get started on your path to justice.
