Humerus fracture accident attorney

The humerus is the bone of the upper arm, and a fracture of it carries a particular risk that most fractures do not: the radial nerve winds directly around the shaft, and it is injured in a meaningful proportion of these fractures, producing a wrist drop and loss of the ability to extend the wrist and fingers. Law Offices Of SRIS, P.C. handles orthopedic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

Radiographs establish the level — proximal near the shoulder, shaft, or distal near the elbow — and the pattern, which determines treatment. CT is used for fractures involving the shoulder or elbow joint surfaces. Where nerve injury is suspected, nerve conduction studies and electromyography performed after an appropriate interval document the deficit objectively and help distinguish a nerve that is bruised from one that is divided.

Why this injury meets the legal threshold

A humerus fracture is objective injury, and any associated radial nerve palsy is a further objective and readily demonstrable deficit. Where operative fixation was required, or where nerve exploration was performed, the intervention establishes severity independently.

Typical treatment course and prognosis

Many shaft fractures are treated in a functional brace and heal without operation, tolerating a degree of angulation that would be unacceptable in the leg. Fixation with a plate or nail is used where alignment cannot be maintained, where the fracture is open, or where there are multiple injuries. Fractures at the shoulder or elbow end are managed according to joint involvement. Radial nerve palsy present at injury frequently recovers over months, but recovery is not universal. Nonunion is a recognized complication of humeral shaft fractures.

How insurance carriers attack this diagnosis

That the fracture united and the arm works. That any nerve deficit has resolved. That residual weakness is deconditioning. That numbness is subjective. The response is objective: nerve conduction studies documenting the deficit and any recovery, measured grip and wrist extension strength against the uninjured side, and a surgeon’s opinion on permanence where recovery has plateaued.

Proving the accident caused it

Causation is rarely disputed. The work is completeness. Ensure any nerve deficit was documented at presentation, because whether a palsy was present at injury or appeared after treatment is a distinction that matters. Ensure nerve studies were performed at an appropriate interval. Document the functional consequences specifically — a wrist drop affects almost every manual task — and obtain opinions on permanence before resolution.

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

What is a radial nerve palsy?

Injury to the nerve that winds around the humerus, producing an inability to extend the wrist and fingers — a wrist drop — and numbness over the back of the hand. It occurs in a meaningful proportion of humeral shaft fractures, either from the injury itself or, less commonly, in association with treatment.

Will the nerve recover?

Frequently it does, over a period of months, where the nerve was bruised or stretched rather than divided. Recovery is not universal. Nerve conduction studies performed at intervals document whether recovery is occurring, and where it has plateaued, a surgical opinion on exploration or tendon transfer may be appropriate.

Why is my arm crooked but the doctor says it is fine?

The humerus tolerates a degree of angulation without functional consequence, because the shoulder’s wide range of motion compensates. Alignment that would be unacceptable in a leg bone is often accepted here. That said, if the appearance troubles you or function is affected, raise it specifically with your surgeon.

What is a nonunion and why is it a concern here?

A fracture that fails to unite within the expected period. Humeral shaft fractures have a recognized rate of nonunion, particularly certain patterns and in certain patients. It generally requires further surgery with bone grafting, which extends recovery substantially, and it should be identified on serial imaging rather than assumed.

I cannot lift my arm overhead since the injury. Is that permanent?

It may be, particularly where the fracture involved the shoulder end or where there was associated rotator cuff or nerve injury. Objective range of motion and strength measurements compared with the uninjured side, taken once recovery has plateaued, are what document permanence — not a general statement of difficulty.

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 shorter notice requirements where a government entity is involved. Confirm the deadline 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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