Skull fracture accident attorney

A skull fracture is objective proof that substantial force reached the head, and that evidentiary value is often greater than the fracture’s own clinical significance. Many linear fractures heal without intervention. What matters legally is what the fracture demonstrates about the forces involved and what lies underneath it. Law Offices Of SRIS, P.C. handles head injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

CT is the study and identifies fracture type, which drives both management and legal significance. Linear fractures are the most common. Depressed fractures, where a fragment is driven inward, may require elevation and carry a higher risk of underlying injury and later seizures. Basilar fractures involve the skull base and may present with clinical signs such as bruising behind the ear or around the eyes, or leakage of cerebrospinal fluid from the nose or ear. Temporal bone fractures are associated with epidural bleeding, and fractures crossing vascular channels warrant attention to underlying injury.

Why this injury meets the legal threshold

A radiologically confirmed fracture is objective injury and satisfies any threshold requirement. The claim, however, is generally not about the fracture in isolation — it is about the brain injury, cranial nerve injury, hearing loss or seizure risk associated with it. The fracture is the evidence of force; the consequences are the damages.

Typical treatment course and prognosis

Most linear fractures require observation rather than intervention and heal without operation. Depressed fractures may require surgical elevation, particularly where fragments compress the brain or the fracture is open. Basilar fractures are usually managed conservatively, with attention to cerebrospinal fluid leak and infection risk. Prophylactic anticonvulsant medication is used in some circumstances. Follow-up frequently identifies consequences that were not apparent acutely: hearing loss, loss of smell, balance disturbance, or persistent cognitive symptoms.

How insurance carriers attack this diagnosis

Because existence is not disputable, the argument shifts to significance. That the fracture was linear, non-displaced and healed, so there is no lasting injury. That reported cognitive symptoms are unrelated to a fracture that did not penetrate. That hearing or balance complaints reflect pre-existing conditions or ageing. Answering these requires documenting the associated injuries specifically — audiometry where hearing is affected, formal balance assessment, neuropsychological testing where cognition is affected — rather than relying on the fracture to carry the claim.

Proving the accident caused it

The fracture itself usually resolves causation as to the head impact. The work is in connecting the fracture to the downstream consequences: obtaining the imaging and the fracture’s precise location, correlating that location with the deficits reported, and documenting each associated injury with the appropriate specialty assessment. A temporal bone fracture with subsequent hearing loss, documented by audiometry, is a far stronger presentation than a general assertion that hearing has worsened.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

Is a skull fracture always serious?

Not necessarily in itself. Many linear fractures heal without treatment and without lasting consequence. The seriousness lies in what accompanied it — bleeding, brain injury, cranial nerve damage — and in what it demonstrates about the force involved. A fracture is important evidence even where it is not, by itself, the injury that matters.

What is a basilar skull fracture?

A fracture through the base of the skull. It can produce distinctive clinical signs including bruising behind the ear or around both eyes, and leakage of cerebrospinal fluid from the nose or ear. It is usually managed without surgery but carries risks including infection and cranial nerve injury, so it requires careful follow-up.

Does a fracture mean I have a brain injury?

Not automatically, and conversely a brain injury can occur without any fracture. But a fracture establishes that significant force reached the head, which supports a brain injury claim that might otherwise be contested. Whether a brain injury occurred is assessed clinically, through the neurological picture and formal testing where indicated.

I have lost my sense of smell. Is that connected?

It can be. Loss of smell after head trauma is a recognized consequence, typically from damage to the olfactory nerve fibres where they pass through the skull base. It is frequently under-reported because people do not think to mention it, and it has real effects on eating, on enjoyment and on safety. It should be documented formally.

My hearing has changed since the injury. What should I do?

Obtain formal audiometric testing rather than relying on a general report of reduced hearing. Temporal bone fractures in particular are associated with hearing loss, and objective audiometry documented after the injury is what establishes it. Where possible, any prior hearing testing is useful for comparison.

Will I develop seizures?

Depressed and penetrating fractures carry a higher risk of post-traumatic seizures than linear fractures. Whether prophylactic medication is appropriate, and for how long, is a decision for your treating physicians. Where ongoing anticonvulsant medication or monitoring is anticipated, that cost and its effect on driving and employment belong in the claim.

The fracture healed. Do I still have a claim?

Healing of the bone does not resolve the associated injuries. Claims continue where there is brain injury, cranial nerve damage, hearing or smell loss, balance disturbance, seizure risk or persistent cognitive symptoms. What is required is documentation of each consequence and a physician’s opinion on permanence.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to much shorter notice requirements where a government entity is involved. Have the deadline confirmed on your own facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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