A proximal humerus fracture is a break at the top of the upper arm bone where it meets the shoulder joint. This is a serious injury that can upend daily life, sideline you from work, and require months of recovery. This is commonly an accidental injury that happens when you least expect it, though the effects can be long-lasting.
When an accident that caused this type of injury was someone else's fault, California law provides a path to compensation. However, not every injury automatically gives rise to a claim. Even when you have the right to seek compensation, the path to financial recovery is not easy, especially when you are already dealing with the pain and limitations of a proximal humerus fracture. That said, it is always worth knowing when there are options.
Understanding the Injury: What Makes a Proximal Humerus Fracture Serious
The proximal humerus forms the "ball" of your shoulder's ball-and-socket joint. A fracture here doesn't just affect the bone, but it affects the entire shoulder mechanism. Depending on the severity, a proximal humerus fracture can involve displaced bone fragments, damage to surrounding soft tissue, and injury to the nearby axillary nerve, which controls sensation and movement in the shoulder and arm.
Common causes include:
- Car accidents
- Slip-and-fall incidents
- Pedestrian collisions
- Motorcycle accidents
- Bicycle accidents
- Truck accidents
- Workplace accidents
This injury can also happen in any situation where sudden, significant force is applied to the shoulder or outstretched arm; for example, due to a falling object or a fall from heights.
Recovery can range from several weeks of immobilization for minor fractures to multiple surgeries and extensive physical therapy for more complex ones. Long-term effects can include chronic shoulder pain, limited range of motion, post-traumatic arthritis, and, in some cases, avascular necrosis, which is a condition where disrupted blood supply causes the bone to deteriorate and may eventually require shoulder replacement surgery.
For elderly patients, the risks are compounded by slower bone healing and greater surgical risk. Many seniors do not survive routine surgeries to repair fractures or never return home again following a procedure, instead living permanently in long-term care facilities.
For children, fractures near growth plates can interfere with normal bone development. In these cases, the long-term impact is even greater, and so is the importance of full compensation for a broken humerus.
When Does a Proximal Humerus Fracture Give Rise to a Claim in California?
The key legal question regarding your potential right to compensation following a proximal humerus fracture is whether someone else's negligence caused your injury. California law holds individuals, businesses, and other entities to certain duties of care in their conduct, and the law also holds them responsible for harm caused by their failure to act with reasonable care.
In the context of a proximal humerus fracture, such negligence might look like:
- A negligent driver who caused a collision, whether through distracted driving, speeding, running a red light, or driving under the influence, resulting in a crash that fractured your shoulder.
- A property owner who failed to address a known hazard, such as a wet floor, uneven pavement, or poor lighting, leading to a fall that caused the injury.
- An employer whose failure to maintain a safe work environment, provide proper equipment, or follow safety regulations led to a workplace accident.
- Another party's reckless conduct; in some cases, a third party's actions may have set off a chain of events that caused the accident and the resulting injury.
To have a viable claim, four elements generally need to be present: the other party owed you a duty of care, they breached that duty, the breach directly caused the accident, and the accident caused your injuries and losses. When all four are established, you have grounds to pursue compensation.
What Compensation Can Cover
When a proximal humerus fracture results from someone else's negligence, California law allows injured victims to seek compensation for the full scope of their losses. This includes both economic and non-economic damages.
Economic damages
Economic damages are the measurable financial losses tied to the injury, such as emergency care, orthopedic surgery, hospitalization, physical therapy, prescription costs, and any future medical treatment expected as a result of the fracture. Lost wages during recovery and reduced future earning capacity also fall into this category if the injury permanently affects your ability to work.
Non-economic damages
Non-economic damages account for the personal toll of the injury, including physical pain, mental suffering, emotional distress, disrupted sleep, anxiety, and loss of enjoyment of activities you can no longer participate in during recovery or permanently. California does not cap these damages in most personal injury cases, which means they can be a significant portion of a claim, particularly when the injury causes lasting complications.
The more severe and long-lasting the injury, the more that compensation for a broken humerus should reflect the full picture of how that injury affected your life, and not just the immediate medical bills.
Proving the Claim for Compensation
To obtain compensation, you must prove both the liability of the policyholder and your damages. This requires evidence, which will differ depending on the type of accident you experienced. To prove your injuries and damages, your medical records, expert opinions, and more will be key evidence to submit to insurance companies.
California's Comparative Fault Rule and What It Means for Your Claim
One important aspect of California law is the pure comparative negligence rule. Some negligent parties will try to avoid paying you for your injuries by blaming you for the accident, at least partially.
However, under the law, even if you were partially at fault for the accident that caused your injury, you are not automatically barred from recovering compensation. Your total damages are simply reduced by your percentage of fault.
For example, if you were found 15% at fault and your total damages were $80,000, you would recover $68,000. This rule is worth understanding because insurance companies often attempt to assign fault to injured parties (and sometimes aggressively) as a way to reduce what they owe. This can scare claimants away, but it should not automatically do so.
Discuss Potential Compensation with a California Injury Law Firm
A proximal humerus fracture caused by someone else's negligence is not just a medical problem. It's a legal one, and California law provides clear grounds for injured victims to seek the compensation they need to recover. After a serious injury, knowing when a claim is viable, what it can cover, and how the state's fault and timing rules apply is the first step in making an informed decision.
If you suffered a proximal humerus fracture in a California accident, the team at Galine, Frye, Fitting & Frangos can help you understand your options.
