Broken and Fractured Bones Lawyers in Austin
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An injury resulting in broken or fractured bones can lead to expensive medical bills, pain and suffering and even long-term unemployment. For this reason, when an individual suffers an injury due to the negligence of a business, a government agency or private citizen, they may be entitled to seek compensation for the injury. However, this process involves complex legal questions making it important that the injured party secure effective legal assistance. This is where a lawyer experienced in broken bone cases may be of help.
You May Be Entitled To Compensation
A personal injury lawsuit can be brought in order to recover damages stemming from any type of injury resulting from the negligence or action of another party. Common examples of conditions that can cause a broken or fractured bone include the following:
- Damaged or slippery floors that can lead to avoidable slip and fall accidents.
- Failure to properly post hazardous areas within a business.
- Accidents resulting from poorly maintained or incorrectly operated equipment.
- Injuries due to the actions of individuals who are under the influence of drugs or alcohol.
Compensation for Broken or Fractured Bones
Who is to blame?
When seeking compensation for a personal injury, the attorney must first determine what groups or individuals to take action against. In some cases, a personal injury lawsuit may name several defendants. For example, while a negligent worker may have been immediately responsible for the victim’s injury, his or her employer may share responsibility due to their failure to adequately train and supervise the employee.
What Compensation Can I Seek?
Compensation for a personal injury can include compensatory, or real damages, and punitive damages. Compensatory damages are awarded to compensate the victim for any actual damages arising from the injury.
They usually include compensation for the following:
- Short and long-term hospital and medical bills.
- Pain and suffering arising from the injury.
- Lost wages and earnings, including long-term compensation if the injured individual is rendered unable to work because of the injury.
Punitive damages are applied against defendants who have acted with malice or egregious negligence. The most common type of personal injury lawsuit that can give rise to punitive damages is one where the use of drugs or alcohol was responsible for the injury. However, successfully obtaining punitive damages can involve complex legal questions, requiring the services of an experienced attorney.
How To File A Claim
In order to file a claim for a broken or fractured bone, there are a few steps to follow:
1. Contact An Attorney
To get started, speak with a personal injury attorney. Explain your case, how you sustained the broken or fractured bone and who you believe is at fault for the accident. Your attorney will be able to then help you understand your legal position and who to sue.
Your attorney will then investigate your case. In doing so, they will gather all necessary documentation need to prove that your injury was sustained because of the negligence of the party at fault for your accident. This may include, medical records, photos of the scene and your injuries, details of the person at fault and any expenses relating to the accident.
Once your attorney has built your case, they will then proceed to negotiate with the other side on your behalf to seek settlement for you. The majority of cases are settled before having to ever step foot into a courtroom, if yours is the same, then your attorney will walk you through how to receive your settlement check if an agreement is reached. If an agreement is not reached at this stage, your case will move to trial. Your lawyer will be with you every step of the way if this happens.
Common Bone Fractures and Brakes
Commonly called broken bones, fractures occur when an opposing physical force damages a bone. The severity of the brake or fracture will have an impact on the amount of compensation you may be entitled to seek.
In order for a fracture to occur, the outside force must be stronger than the bone. Most people suffer about two fractures during the course of their lives. Fractures are common childhood injuries. However, fractures in children are less complicated than fractures in adults. As the human body ages, its bones become brittle and are not able to heal as efficiently. When a child's bone is broken, it heals in less time. Many adult bone fractures occur from circumstances that would not damage a child's bones.
Some of the most common forms of broken bones include the following:
- Complete Fracture – The bone completely splits into two separate pieces
- Greenstick Fracture - One side of the bone is significantly cracked, but not entirely
- Single Fracture – Only one part of the bone has a crack or break
- Comminuted Fracture – Essentially, the bone is crushed or broken in multiple places
- Open Fracture – The break is so severe that the bone actually protrudes through the skin
Displaced and Non-Displaced
As their names suggest, these types of fractures refer to the position of the bone after it breaks. A displaced fracture occurs when the bone breaks in one or more places and the pieces don't align correctly. Non-displaced fractures involve a complete or partial break in which the pieces of the bone remain aligned after the injury. Simply put, if the ends of the broken bone line up, the individual has suffered a non-displaced break.
Open and Closed Fractures
Open fractures are easy to identify because they involve a visible wound. Open fractures break and puncture the victim's skin; closed fractures do not. Open fractures, also called compound fractures, are visible through the skin and generally considered more severe than a closed break. Open fractures also run the risk of becoming infected. Closed fractures, also called simple fractures, are not as dangerous as open wounds because they are contained beneath the victim's skin. In serious cases, victims of compound fracture wounds suffer deep bone infections.
Other Bone Injuries
A greenstick fracture occurs when the bone bends but doesn't completely break. Greenstick breaks are common in children because their bones have not aged and become brittle. Transverse fractures occur when the bone breaks at a right angle to its axis. Unlike transverse fractures, oblique fractures break diagonally across the axis of the bone. Sometimes, the bone breaks into several pieces, called a comminuted fracture. When the ends of two bones are driven into each other, an impacted fracture may occur. This type of injury is common in children's arm injuries. Other broken bones may be the result of a bone-weakening disease.
Broken Bones: Identification and Treatment
Like most medical conditions, broken bones have symptoms. Compound fractures are immediately identifiable because they cause an open wound; greenstick fractures and other breaks may not be as easy to identify. Depending on the severity of the break, it may make a loud cracking sound when it breaks. After the break, the injury may appear bent, deformed or bruised. If the individual suffers an open fracture, the injury may bleed. Broken bones are usually very painful when moved. Additionally, a severe fracture may render the affected limb unable to move properly. After a broken bone injury, it is crucial that the limb stays in one place. If possible, do not move the broken bone; moving the limb can further the injury.
If the injury is bleeding or swollen, gently raise it above the victim's heart. If the injury is a compound fracture, never attempt to push the bone back into the victim's skin. This may cause severe pain and unnecessary damage. Use a bandage or dry cloth to cover the exposed wound until medical assistance arrives. If you are not sure whether or not you have suffered a broken bone, talk to your doctor. After a physical examination, your doctor may use an X-ray to determine if your bone is broken and the severity of the injury. If you have suffered a broken bone because of someone else's carelessness or negligence, contact us today. We are ready to help you get the financial compensation you may deserve for your injury.
Tell Zinda Law Group About Your Case
Zinda Law Group can assist those individuals who have suffered broken or fractured bones create an effective legal strategy in order to seek the best possible legal outcome. When working with a client, Zinda Law Group will be able to provide the following services:
- Evaluating the nature of the case and assisting the client in determining the best possible course of action.
- Gathering evidence in a timely manner.
- Representing the client before the court, in addition to negotiating with the defendant’s attorneys.
In fact, in many cases, skillful legal representation can lead to the defendant settling before the case goes to trial, enabling the injured party to obtain an acceptable settlement without having to endure the stress of a trial. This makes obtaining an effective attorney all the more important for individuals considering a wrongful injury lawsuit.
Ultimately, the services of an experienced personal injury attorney can mean the difference between success and failure. Because of this, anyone who has suffered a personal injury should immediately obtain professional legal assistance from the law firm of Zinda Law Group.