Average Settlement for a Broken Bone in a Car Accident: What Changes the Value

A broken bone settlement from a car accident has no reliable average, because the value turns on which bone broke, whether it needed surgery with plates or screws, how long you missed work and whether you have lasting limits. The deadline to sue is generally two years in California (Code of Civil Procedure section 335.1) and Texas, and three years in Washington.

Why is there no average settlement for a broken bone?

Settlement amounts are private, so no state publishes them. A figure online that claims to be the average for a fracture usually mixes a cracked finger with a shattered thigh bone, which tells you nothing about your own claim.

What the insurer actually looks at is the file: imaging, the operative report if there was surgery, the bills, the time off work and what your doctor says about the future. The rest of this page explains how each of those pieces moves the number.

Which fracture details change the value of a claim?

MedlinePlus lists car accidents as a common cause of fractures and describes several ways doctors classify them. Each one matters to a claim.

• Open or closed. In an open, or compound, fracture the bone breaks through the skin. MedlinePlus advises treating broken skin right away to prevent infection (broken bone). An open fracture needs emergency help right away.
• Which bone. A broken hip, pelvis or upper leg is treated as an emergency, while some smaller breaks are not. The bone also decides what you cannot do while it heals: drive, lift, stand or type.
• The shape of the break. Doctors also describe the direction and pattern of the break. A complicated fracture that a cast cannot hold in line is a common reason for surgery.
• Age. MedlinePlus notes that children’s bones heal rapidly, usually in about six weeks. Healing time is part of what the claim measures.

This is general information from official health sources, not medical advice. Your doctor decides how your fracture is treated.

How do surgery, plates and screws change a broken bone settlement?

MedlinePlus says the most common treatment is a cast or splint, often for several weeks. Some fractures need surgery instead. In open reduction and internal fixation, the surgeon realigns the bone and holds it with rods, screws or plates that stay under the skin; external fixation uses a frame outside the limb for more complex breaks (treatment options). If bone was lost, a graft may be needed to avoid delayed healing (procedure).

Surgery changes the claim in plain ways: hospital and surgeon bills, anesthesia, follow-up imaging, physical therapy and a longer time off work. Hardware usually stays in. MedlinePlus notes it is not necessary or desirable to remove internal fixation unless it causes problems (aftercare). If your surgeon expects a second operation, that future cost belongs in the claim, because California juries award the reasonable cost of care you are reasonably certain to need (CACI No. 3903A).

Example only: one passenger has a wrist fracture treated in a cast for six weeks and returns to an office job. Another has a lower leg fracture repaired with a plate and screws, spends months in therapy and cannot return to construction work. The second claim carries far more in bills, wages and future limits. The facts of each case decide the outcome.

Can I recover for lost work and lasting limits?

Yes. Lost earnings count, and so does a lost ability to earn in the future. California compares what you could have earned without the injury with what you can still earn (CACI No. 3903D). In Texas, lost earnings are proven after income taxes (section 18.091).

The non-money harm counts too. California’s damages instruction lists physical impairment and disfigurement, and Texas defines noneconomic damages to include both (section 41.001). A scar from surgery, a limp or a hand that no longer grips the same way all belong in the claim.

What can reduce a broken bone settlement?

Three things usually shrink the check.

Your share of fault. Texas bars recovery when you are more than 50 percent at fault (section 33.001). Washington generally reduces the award but does not bar it (RCW 4.22.005), and California also reduces it by your percentage (CACI No. 405).

A small policy. The minimum is $30,000 per person in California (DMV) and Texas (TDI), which a surgery can exceed quickly. Your own coverage may help. Washington insurers must offer personal injury protection with at least $10,000 in medical benefits and up to $200 a week in income continuation (RCW 48.22.095).

Repayments. Medicare must be repaid for accident care it covered (CMS). In Washington, hospital and provider liens on one person’s claim cannot exceed 25 percent of the settlement (RCW 60.44.010).

What to do now

1. Keep the discharge papers, the X-ray and CT reports, and the operative report if you had surgery.
2. Take photos of the cast, the hardware scar and any swelling as it heals.
3. Ask your surgeon in writing whether more surgery or hardware removal is expected.
4. Keep pay records and a letter from your employer about the time missed and any duties you can no longer do.
5. Write down your deadline: two years in California and Texas (section 16.003), three in Washington (RCW 4.16.080). See the California Courts guide. If a city or county vehicle hit you, California generally requires a claim to the agency within six months (government claims).
6. Wait to settle until the bone has healed and your doctor can say what limits remain.

Talk to us about your fracture claim

If you broke a bone in a crash and the insurer is pressing you to settle, call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · Why is my car accident settlement taking so long? · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.