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Broken bone injuries are often severe and can require extensive medical attention. These injuries may also require months or years of rehabilitation. If the injury was caused by the negligent or intentional acts of another, victims may take legal action to seek compensation for injuries sustained as a result of the accident.
If you or a loved one has suffered a broken or fractured bone injury and are interested in filing a claim, call Zinda Law Group at (800) 863-5312 to receive a free case evaluation with one of our experienced personal injury lawyers.
CAN I FILE A LAWSUIT FOR A BROKEN BONE?
You may be able to file a lawsuit for a broken bone injury if the accident that led to the injury was caused by the negligent, reckless, or intentional acts of a third party. For example, if you broke your leg in an automobile accident caused by a drunk driver, you will likely be able to file a lawsuit to seek compensation for your injuries.
Other examples of broken bone injury accidents that may provide grounds for a lawsuit include:
- Workplace accidents
- Tractor-trailer accidents
- Product liability accidents
- Premises liability accidents
- Slip and fall accidents
HOW DO I KNOW I MIGHT HAVE A CASE?
Determining if you have a case requires a careful analysis of several factors to determine the strength and viability of your claim.
The first inquiry should always be whether the accident was caused by another party. In other words, is there someone who can be held legally responsible for your broken bone? If you were the cause of your own injury, you may not have a case.
The next question will be whether your injury is substantially severe to pursue further action. Given the nature of broken bone injuries, the answer to this question is often “Yes.”
It is then important to consider whether the available evidence is in your favor. Consider important factors, such as how the accident occurred, whether any witnesses were present, and the extent of your injuries. Generally, you will have a stronger claim if you suffered serious injury and if there are eyewitnesses who can corroborate your claim.
A brief consultation with a personal injury lawyer may provide further clarification as to whether you should pursue legal action.
WHAT DAMAGES MAY I CLAIM?
“Damages” is the legal term for the monetary compensation that victims may be awarded in a personal injury case. The damages that may be awarded to a personal injury victim can be separated into two general categories: economic damages and non-economic damages.
Economic damages are damages that can be quantified or calculated. The primary forms of economic damages involved in broken and fractured bones cases may include:
- Medical bills
- Pharmacy bills
- Rehabilitation costs
- Lost income (present and future)
- Loss of earning capacity
- Property damage
In contrast, non-economic damages refer to intangible losses that cannot be easily calculated. Instead, non-economic damages are evaluated by the jury in a lawsuit. Types of non-economic damages in a broken and fractured bones case may include:
A third type of damages, called punitive damages, may be awarded in some jurisdictions. However, punitive damages are rare and are reserved for cases where the at-fault party’s conduct was found to be especially reckless, egregious, or intentional.
WHAT TO DO AFTER A BROKEN BONE INJURY
1. Seek Medical Attention
The first thing to do following any type of injury is to seek professional medical attention. Because broken and fractured bones injuries are often severe, seek medical attention as quickly as possible. When receiving treatment, be sure to tell the medical professional the nature of your injury, including how and where it occurred. Seeking prompt medical treatment may increase your chances of recovering as quickly and efficiently as possible.
2. Document the Accident
One critical, yet often overlooked, step in the post-injury process is documenting the accident. Documenting the accident means storing and organizing all relevant evidence relating to the accident. Taking this step may help you keep track of important events relating to your claim and may help strengthen the claim itself. Important information to keep for your records may include:
- Photographs of your injuries
- Photographs of the scene of the accident occurred
- A copy of the accident report, if any
- Copies of witness statements, if any
- Copies of all medical records resulting from the accident
- Copies of car repair estimates or other property damage estimates
3. Consult with a Lawyer
Finally, you should consider discussing your case with a personal injury attorney. A personal injury attorney may wish to speak with you in person or over the phone to gather the facts of your case. From there, the attorney may be able to provide legal advice about your situation. Other benefits that an attorney may be able to provide include:
- Researching applicable law to determine the viability of your claim
- Negotiating with insurance companies
- Locating and interviewing witnesses to the accident
- Consolidating and organizing medical records and other related documents
- Hiring expert witnesses to testify as to the nature of your claim
- Filing a proper and timely lawsuit
- And more
OTHER COMMON QUESTIONS ABOUT BROKEN BONE INJURY CLAIMS
Who May I Hold Liable?
The most obvious person to hold liable following a broken bone injury accident is the person or entity responsible for the accident’s occurrence.
For instance, if you were hit by a reckless driver, you may be able to file a claim against that driver. If you were injured in a slip and fall accident at a grocery store, you may be able to file a claim against the store itself. If you were injured as a result of a defective product, you may be able to hold the manufacturer legally accountable. If you were injured by an employee acting within the scope of his employment, you may also be able to file a claim against that person’s employer.
Determining liability may not always be so simple. In complex cases, there may be several parties who can be held accountable. Discussing the facts and circumstances of your case with a personal injury attorney may help ensure that proper claims are filed against the proper parties.
What is the Statute of Limitations?
A “statute of limitations” is a legal time limit by which a person must initiate a lawsuit. If a victim of a fractured bone injury does not file a lawsuit within the applicable statute of limitations period, the victim may not be allowed to litigate the claim in court.
Most states have a one, two, or three-year statute of limitations period for personal injury cases. For instance, Texas has a two-year statute of limitations for personal injury claims. Thus, if a person suffered a broken bone injury in an accident that occurred on January 1, 2020, that person would have to file a claim by January 1, 2022 in accordance with Texas law. In contrast, New Mexico has a three-year statute of limitations for personal injury claims.
In certain situations, the statute of limitations period may be paused or “tolled.” If the statute is tolled, the victim will be given more time to file a claim. For instance, most states allow the statute of limitations to be tolled when the victim is a minor. It is important to remember, however, that tolling a statute of limitations is an exception and not always the case.
Discussing the facts and details of your case with an experienced personal injury attorney may help you better understand the significance of the statute of limitations period. Consulting with an attorney early on may also help ensure that your claim is filed on time.
Do I Have to Go to Trial?
Personal injury cases, such as those involving broken and fractured bones, can be resolved through a trial. However, many cases are settled before reaching the trial stage. The claim settlement process often involves back-and-forth communication between the victim and the at-fault party or the at-fault party’s insurance company. Hiring an attorney to negotiate on your behalf may help ensure that your legal rights are fully protected.
How Long Does It Take to Settle?
The settlement and negotiation process typically begins after the victim finished receiving medical treatment. In some cases, settlement discussions can begin before the completion of medical treatment, particularly if the injured individual has reached the stage of maximum recovery.
Once the settlement process has begun, the victim’s attorney may collect and organize all medical records to help substantiate the victim’s claim. This process can take one to four months, depending on the extent of the injuries and the extent of medical care provided.
The insurance company will likely also conduct its own investigation. Although some insurance companies move more quickly than others, you can expect this process to take several weeks.
Once both sides have collected and reviewed all relevant information, formal settlement discussions can begin.
CONTACT A BROKEN BONE INJURY LAWYER
At Zinda Law Group, our nationwide personal injury lawyers have helped many victims seek the compensation they deserved after suffering an injury. We have the knowledge and resources to us put you back on the road to physical, emotional, and financial recovery. We fight for our clients’ right to compensation for hospital bills, car damage, pain and suffering, and much more.
We believe victims should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys by appointment only.