Fractures and broken bones

A fracture is a broken bone. It is one of the more straightforward injuries to document — it shows on imaging and the treatment is well recorded — but the recovery is not always straightforward, and a fracture that involved a joint can cause problems for years.

It is general information, not legal advice, and it is not medical advice.

Types

• Closed vs. open. An open (compound) fracture breaks the skin and carries a serious infection risk.
• Displaced vs. non-displaced. Whether the bone ends moved out of alignment.
• Pattern. Transverse, oblique, spiral, comminuted (shattered into several pieces), or greenstick (a partial break, mostly in children).
• Location. A fracture that extends into a joint surface (intra-articular) is more likely to cause lasting stiffness and arthritis.
• Special cases. Compression fractures of the spine, rib fractures with lung risk, pelvic and hip fractures, and growth-plate fractures in children.

Treatment

Simple fractures are reduced (realigned) and immobilized in a cast, splint, or boot. Displaced, unstable, or joint fractures usually need surgery — open reduction and internal fixation with plates and screws, an intramedullary rod down the center of a long bone, or external fixation with a frame outside the skin. Serious injuries can require several operations and later hardware removal.

Healing and follow-up

Bone healing takes weeks to months depending on the bone, the person, and the injury, followed by physical therapy to rebuild motion and strength. Follow-up X-rays track the union. Return to work and activity is staged. The records from this period document both the severity and the disruption.

Complications and lasting effects

• Nonunion or malunion — failure to heal, or healing in a poor position.
• Post-traumatic arthritis in a fractured joint, sometimes appearing years later.
• Hardware problems — pain over a plate, loosening, or the need for removal surgery.
• Reduced range of motion, chronic pain, and weakness.
• Complex regional pain syndrome in some cases — see chronic pain.
• Nerve or blood-vessel injury from the initial trauma.

Sources: CACI No. 3903A (past and future medical expenses) and CACI No. 3903C (past and future lost earnings); CACI No. 3906 (given alongside the lost-earnings instruction — jurors must not use race, ethnicity, or gender as a basis for reducing lost earnings or lost earning capacity); CACI No. 3905A (physical pain and mental suffering). CACI citations are to the Judicial Council of California Civil Jury Instructions (2026 edition).

Which accidents cause fractures

Car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, truck accidents, falls, and dog attacks (from bites and from being knocked down).

Common questions

Are fractures easier to prove than other injuries?

Usually. A fracture shows on an X-ray or CT, the treatment is documented in operative reports and follow-up films, and the healing is tracked objectively. The disputes tend to be about the lasting effects, not whether the injury happened.

What does "ORIF" mean?

Open reduction and internal fixation — surgery to realign the bone (open reduction) and hold it with plates, screws, rods, or pins (internal fixation). The hardware is often permanent but is sometimes removed in a later operation.

My bone healed. Is the case over?

Not necessarily. A healed fracture can still leave reduced range of motion, weakness, weather-related pain, hardware that aches, or post-traumatic arthritis that develops over years, especially when the fracture involved a joint.

What is nonunion?

When a fracture fails to heal in the expected time. It can require additional surgery, bone grafting, or a bone stimulator, and it extends the recovery and the claim.