Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents broken bone and fracture victims throughout San Jose and Santa Clara County. Fractures are among the most common serious injuries in personal injury cases — and one of the most routinely undervalued by insurance adjusters. A broken bone is not simply an inconvenience. Depending on the bone, the severity of the fracture, the victim's age and health, and the treatment required, a fracture can mean weeks or months of lost work, surgical hardware, physical therapy, and in some cases, permanent impairment or chronic pain.

Types of Fractures and Their Legal Significance

Not all broken bones are equal in the eyes of a damages calculation. A simple fracture of a small bone may heal completely with immobilization. A comminuted fracture — where the bone is shattered into multiple pieces — often requires surgery, internal fixation with plates and screws, and extended rehabilitation. A compound fracture, where the bone breaks through the skin, carries a significant infection risk and typically requires immediate surgical intervention. Fractures of weight-bearing bones — the femur, tibia, hip, pelvis, and vertebrae — are particularly serious because they affect mobility and, in older patients, carry elevated mortality risk.

The bones most commonly fractured in vehicle accidents, pedestrian strikes, and falls include the wrist and forearm (instinctive bracing for impact), the clavicle and shoulder, ribs, the hip and pelvis (particularly in older adults), the femur and tibia, and vertebrae in the cervical or lumbar spine. Rib fractures in high-energy collisions may indicate the presence of internal organ damage that requires separate evaluation.

The Legal Framework

Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property or person. A defendant who breaches that duty and causes a fracture is liable for all resulting damages. When a driver violates a specific Vehicle Code provision — running a red light under Vehicle Code § 21453, making an unsafe lane change under Vehicle Code § 22107, or failing to yield under Vehicle Code § 21801 — that violation may establish negligence per se under CACI No. 418.

In a premises liability case, the property owner's failure to maintain safe conditions — a wet floor, an uneven surface, inadequate lighting — that causes a fall and a fracture is governed by the same general duty framework, with the added requirement of establishing the owner's actual or constructive notice of the hazard.

Pre-Existing Conditions and the Eggshell Plaintiff

Insurance adjusters routinely argue that a plaintiff's bones were fragile due to age, osteoporosis, or prior injury, and that the defendant should not be fully responsible for the consequences. This argument fails under the eggshell plaintiff doctrine. A defendant takes the plaintiff as found. If the plaintiff's pre-existing osteoporosis made a fall more likely to result in a hip fracture, the defendant is liable for the full extent of the fracture and its consequences — not just the harm that would have occurred to a hypothetically healthy person.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include emergency care, surgery, hospitalization, physical therapy, lost earnings during recovery, and in cases of permanent impairment — hardware failure, malunion, post-traumatic arthritis, chronic pain — future medical expenses and ongoing lost earning capacity.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Broken bone cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Car Accident Attorney
• San Jose Slip and Fall Attorney
• San Jose Motorcycle Accident Attorney
• San Jose Pedestrian Accident Attorney
• San Jose Traumatic Brain Injury Attorney

Attorney Michael Rehm handles broken bone and fracture cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.