Broken/Fractured Bones in Personal Injury Lawsuits

In medical and legal contexts, the terms “broken bone” and “fracture” are generally used interchangeably. Suffering a broken bone due to another person’s negligent or wrongful act can lead to significant medical expenses, time away from work, physical discomfort, and mental distress. Fortunately, these injuries are often supported by clear medical documentation, which can strengthen a claim for compensation.

Common Causes of Broken Bones

Broken bones can result from a wide variety of circumstances. For example, slip and fall incidents on wet or uneven surfaces frequently lead to fractures, as can car, truck, or motorcycle accidents caused by distracted or reckless driving. Defective products, such as faulty ladders or collapsing handrails, sometimes result in broken bones as well. Sports-related accidents may cause broken bones when proper safety measures are not followed by event organizers or facility managers.

Fractures and Medical Imaging

Fractures can be hairline cracks that are difficult to see without imaging. Medical imaging tests such as X-rays, CT scans, or MRIs provide objective proof of these injuries by showing the precise location and severity of the break. Doctors often determine whether it is a displaced or non-displaced fracture and whether surgery or other invasive treatment is required. This concrete evidence helps reduce disputes over whether the injury actually occurred and how serious it is.

Evidence of ongoing pain, such as that reflected in medical evaluations or physical therapy notes, also illustrates the lasting effects of the fracture. When doctors predict a long recovery time or the possibility of permanent complications, those findings can significantly influence the course of a legal claim.

Establishing Liability

A successful personal injury claim for a broken bone requires proving that the party being sued is legally responsible. In most cases, this involves showing that the defendant acted negligently by failing to exercise reasonable care and that this conduct caused the fracture. Examples can include a property owner neglecting to fix a broken stair, a driver disregarding traffic signals, or a business failing to correct a known hazard. Medical imaging provides a clear record of the injury, which can be crucial in meeting the burden of proof. However, it is still necessary to demonstrate that the defendant’s conduct was the cause of the fracture rather than some unrelated factor.

Damages in a Broken Bone Claim

Claimants may seek compensation for both economic and non-economic losses related to a broken bone. Economic losses often include ambulance trips, hospital stays, doctor consultations, surgeries, and rehabilitation programs. They also account for lost earnings during recovery and any partial or full loss of earning capacity that results if the person cannot perform the same job duties in the future. Non-economic damages address the subjective impact of an injury, such as physical pain and suffering, ongoing discomfort, mental anguish, and loss of enjoyment of life. In rare cases involving particularly egregious behavior, punitive damages might be imposed to punish the defendant and discourage similar conduct.

Preserving and Presenting Evidence

Detailed documentation is essential in broken bone cases. Medical records, lab results, and imaging support the medical basis of the claim. Photographs or videos showing the risky conditions that caused a slip and fall or showing damage to vehicles in a collision can illustrate liability. Witness statements gathered soon after the accident can bolster the victim’s version of events. Keeping receipts for medical equipment, prescription medications, or rehabilitation services also helps demonstrate the real costs associated with the fracture. A written record of day-to-day experiences and limitations can provide a fuller picture of ongoing pain, emotional distress, and changes in lifestyle. All of this evidence is key when negotiating with insurance adjusters or, if necessary, proving the claim in court.

Pre-Existing Conditions and the Eggshell Plaintiff Rule

Defendants sometimes argue that a plaintiff’s fracture was caused or exacerbated by a pre-existing condition. Most jurisdictions recognize the eggshell plaintiff rule, which holds that a defendant is responsible for the full magnitude of a plaintiff’s injuries even if the plaintiff was unusually vulnerable to harm. While the defendant cannot escape liability simply because the plaintiff was more likely to be injured than an average person, there can still be evidence introduced to show what portion of the plaintiff’s pain or disability is linked to prior medical conditions rather than the accident at issue.

Comparative and Contributory Negligence

In some cases, the plaintiff may bear a portion of the blame for the accident. States vary in how they handle a plaintiff’s own negligence. In jurisdictions following pure comparative negligence, a plaintiff can recover damages no matter how much they are at fault, but the recovery is reduced in proportion to that fault. Under modified comparative negligence rules, the plaintiff can recover only if they are below a certain threshold of fault, such as 50 or 51 percent. In contributory negligence jurisdictions, a plaintiff who is even minimally responsible can be barred from any recovery.

Workers’ Compensation Considerations

Fractures sustained on the job often fall under workers’ compensation laws, which generally provide benefits without requiring the employee to prove fault. Although these benefits can cover medical bills and some lost wages, most states limit an employee’s ability to sue the employer directly. If a third party, such as a contractor or product manufacturer, contributed to the workplace injury, there may be a separate claim in addition to the workers’ compensation case. Pre-existing injuries can reduce workers’ compensation benefits if the insurance carrier can demonstrate that part of the disability is attributable to a prior issue.

Last reviewed May 2025