Fracture cases turn on Howell v. Hamilton Meats medical-bill admissibility, surgical-course documentation, and lost-time evidence. Each is its own case-work category.
Call (888) 528-8595 for a free consultationFractures from motor vehicle, premises, and workplace accidents are the most frequent category of orthopedic injury Burg & Brock handles. The injury pattern depends on mechanism — high-energy crashes produce long-bone fractures (tibia, fibula, femur, humerus) often requiring surgical fixation; falls produce hip and wrist fractures; pedestrian and cyclist strikes produce lower-extremity fractures from initial bumper contact and upper-extremity fractures from secondary impact. Surgical management has become highly standardized; case value tracks the documented medical course.
On medical-bill admissibility, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 controls — past medical bills are admissible at the lesser of the amount billed or the amount actually paid by health insurance. Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 established that lien-treatment plaintiffs can recover the reasonable value of services without the Howell discount. The choice of treatment route (insurance versus medical lien) sometimes affects the recoverable medical-bill component substantially.
On surgical-course documentation, the operative report, hardware information (plates, screws, rods), and the post-operative recovery schedule are all part of the proof. Common surgical procedures include open reduction with internal fixation (ORIF), intramedullary nailing for long-bone fractures, total or partial joint replacement for joint-disrupted fractures, and external fixation for severe open fractures. Each carries its own complication profile and recovery timeline.
On lost-time, the case work documents every missed day of work, every modified-duty assignment, and any vocational impact for permanent residuals. Fracture cases routinely involve six to twelve weeks of lost time for major long-bone fractures, longer for surgical complications or non-union, and ongoing vocational impact for occupations requiring physical labor.
Burg & Brock has handled catastrophic-injury cases out of the Sherman Oaks headquarters and the regional offices since the firm's founding more than two decades ago. The firm tries cases. Carriers settle differently with firms that have taken comparable cases through trial. Settlement value of an LA County serious-injury case correlates strongly with the demonstrated willingness of plaintiff's counsel to seat a jury.
On infrastructure, the firm has standing relationships with board-certified life-care planners, forensic economists, vocational-rehabilitation experts, biomechanical engineers, accident reconstructionists, and the treating-team physicians at Cedars-Sinai, Ronald Reagan UCLA, Harbor-UCLA, Keck Medical Center of USC, Rancho Los Amigos National Rehabilitation Center, and Casa Colina Hospital and Centers for Healthcare. The expert-witness package is in place at intake.
On compensation structure, Burg & Brock works personal-injury cases on a contingency-fee basis. There is no upfront cost to the client. The fee is a percentage of the recovery, disclosed in the engagement letter. Case costs — expert fees, deposition transcripts, court-filing fees, life-care planner fees, economist fees — are advanced by the firm and reimbursed from the recovery. The consultation is free; a lawyer is available twenty-four hours a day on the (888) 528-8595 line. Spanish-speaking staff at every office.
Fracture cases run through standard negligence, premises-liability, products-liability, and motor-vehicle law plus the medical-damages framework set by Howell and Pebley.
Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 controls medical-bill admissibility — past medical bills admissible at the lesser of billed or paid. Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 establishes lien-treatment recovery framework.
Rowland v. Christian (1968) 69 Cal.2d 108 sets the duty-of-care framework for premises-liability fracture cases. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 controls comparative fault.
Fracture cases are documentation-heavy. The medical record, the surgical report, and the lost-time documentation all need to be in place before the demand goes out.
Operational note: hardware retention is sometimes a permanent residual that affects future medical needs (hardware removal surgery in some cases) and pain-and-suffering damages. The treating physician's long-term plan documents the issue.
Fracture liability follows the underlying-incident framework. The standard analysis includes:
Workers'-compensation cases producing fractures proceed in parallel with third-party tort claims. The comp lien on a third-party recovery is negotiable.
Economic damages on fracture cases include past medical bills (Howell or Pebley framework), future medical care for hardware removal or revision surgery, lost earnings, lost earning capacity for permanent residuals, and household services. Documented surgical course drives the case value.
Non-economic damages cover pain and suffering, scarring (significant for cases requiring surgical incisions), loss of enjoyment of life, and loss of consortium.
Punitive damages under Civil Code §3294 in DUI cases and conscious-disregard contractor or manufacturer cases.
| Case profile | Reported range | Drivers |
|---|---|---|
| Single-fracture, conservative treatment | $25,000 – $85,000 | Cast or splint, six-week recovery, no surgery. |
| Single-fracture, surgical fixation | $95,000 – $325,000 | ORIF, hardware retention, partial impairment. |
| Multiple fractures, surgical course | $285,000 – $850,000 | Polytrauma, multiple surgeries, lost earnings. |
| Severe fracture with permanent impairment | $525,000 – $1.8 million | Permanent functional limitation, vocational impact. |
| Catastrophic-fracture-with-complications case | $950,000 – $4+ million | Non-union, infection, multiple surgeries, life-care plan. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Burg & Brock has tried orthopedic-injury cases through Howell, Pebley, and full surgical-course documentation. The medical-records subpoena and lost-time evidence packages are standardized.
Contingency fee. Free consultation.
LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County.
Public-entity cases require Government Code §911.2 written claim within six months.
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
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