According to Ohio State University, 6.3 million fractures and 6 million broken bones occur in the United States each year. Unfortunately, this means a high percentage of the population have or will face these injuries this year.
While some may be due to one’s own carelessness, many of these injuries will be the fault of another. Our Los Angeles personal injury lawyers have seen a lot over the years, having personally handled broken bone lawsuits.
These types of personal claims are unfortunately common. However, working with a Los Angeles injury attorney can help you receive proper compensation.
Common Causes of Broken Bones
There are several types of personal injury accidents that can result in broken bones. Some include:
- car accidents, motorcycle accidents, and truck accidents
- slip-and-fall/trip-and-fall
- premise liability issues including fallen or obstructed objects
- product liability issues including defective or malfunctioning products
- job-related injuries
It is always best to work with a Los Angeles personal injury attorney. They can help determine if your case qualifies for a broken bone lawsuit.
Types of Fractures
Essentially, a “break” or a “fracture” refers to the same type of injury. This occurs when a force stronger than the bone itself hits it enough to crack the structure. The victim may exhibit signs of bleeding, limping, deformity, swelling, tenderness, and bruising.
A fracture can fit into one of four main categories:
- Simple/Closed Fracture: The bone breaks but remains under the skin.
- Compound/Open Fracture: The bone breaks and penetrates the skin. It can then remain an open wound or rescind so it is no longer visible.
- Displaced Fracture: The bone snaps into at least two parts which are not lining up straight.
- Non-displaced Fracture: The bone cracks but does not move, remaining in line.
As you can see, some fractures are more intense than others, which is why medical documentation is important. A Los Angeles personal injury lawyer will base personal injury cases on the damages endured.
Damages in Broken Bone Lawsuits
The type of fracture will determine the types of financial compensation available. But there are also other considerations to account for. Below are a few types of damages you can receive in personal injury claims.
Medical Bills
Each fracture will require different medical care. Costs may include doctor visits, x-rays and other diagnostics, casts or crutches, rehabilitation, and other related expenses. Someone who broke a pinky finger will likely have a less expensive treatment plan than someone with a broken spine.
A personal injury lawyer in Los Angeles can source medical experts and records to determine proper compensation for treatment. They will use this evidence to settle appropriately with insurance and in trial as needed.
Treatment of Other Injuries
Often a personal injury accident may result in additional injuries aside from the fracture. For example, a car crash may cause a broken neck, whiplash, and a traumatic brain injury (TBI). Additional conditions will likely have extra medical expenses you may seek compensation for.
Likewise, if an open fracture leads to an infection, you may receive monetary sums. This may be an issue in wrongful death cases where the traumatic force leads to fatality. In those cases, it is critical to contact a Los Angeles wrongful death attorney to pursue the claim.
Often, broken bone injuries may lead to the following complications:
- blood clots
- sores as a result of cast wearing
- joint stiffness
- swelling
These complications themselves may also be eligible for compensation. Again, a personal injury lawyer in Los Angeles can advise on what conditions should be accounted for.
Pain and Suffering
Personal injury lawsuits will also take into account the victim’s pain and suffering as a result of the injury. Again, a serious truck collision may result in more severe injuries than slipping at a store. Similarly, an open fracture on your leg may cause more pain than a non-displaced fracture on your wrist.
In some cases, a victim may also suffer emotional distress as a result of the accident. For example, becoming wheelchair-bound, having lifelong complications, and other factors may be emotionally taxing.
An experienced Los Angeles personal injury lawyer will examine your pain and argue for appropriate maximum compensation. Insurance companies will try their best to downgrade settlement but a legal advocate understands how to handle these negotiations.
Lost Income
In some cases, a fracture can put an individual out of work. This may be especially prevalent in physical labor-intensive jobs like contracting, construction, and related industries. As such, the victim may lose income while they are recovering.
This can be detrimental to one’s ability to pay bills and live a comfortable lifestyle. A Los Angeles injury attorney can include the payment of wages/financial support in the compensation package.
Wrongful Death
In severe cases, a fracture may become fatal. Fractures may lead to infections, bleeding, nerve damage, and other internal complications, especially if a piece of the bone shifts. Surviving spouses and/or surviving family members have the right to file a wrongful death claim in these accidents. A Los Angeles wrongful death lawyer can argue for compensation for funeral expenses, loss of companionship, and other related expenses.
Sometimes wrongful death lawsuits will also bring the emotional closure the family needs.
Determining Fault in a Broken Bones Accident
Personal injury attorneys in Los Angeles will work to hold responsible parties liable for your injuries. The individual at fault will vary depending on the type of accident and specifics surrounding the incident. For example, a truck driver is typically accountable for speeding accidents but in some cases, their employer may also assume fault.
Ultimately, a victim will need to prove:
- There was a duty of care expected of the liable party.
- There was a breach of said duty of care.
- There are injuries present.
- The breach of care is the cause of injury.
The other parties’ insurance will likely contact you for settlement negotiations. It may seem easier to settle directly with the insurance company. However, it is best to consult a Los Angeles personal injury lawyer first. They understand cases more thoroughly, and can typically score a better payment for you.
In some cases, the victim may also be at fault for their broken bones. Imagine a pedestrian carelessly crossing the road, not at a designated crosswalk. The driver of the vehicle is texting while driving and hits the individual.
In the example, the pedestrian may be partially to blame for the fracture. However, a Los Angeles personal injury lawyer can still argue for compensation under pure comparative negligence.
Elements of a Successful Broken Bones Lawsuit
The key component of a personal injury lawsuit is filing on time! The statute of limitations in California is two years from the date of the accident. Depending on the circumstances, this may vary but it is always best to file as soon as possible.
Successful personal injury claims are reliant on evidence. This includes medical records and bills, witness testimonies, photos of the accident, police reports, expert opinions, and more. The more evidence a victim can provide, the better their chances of winning.
However, we understand this can be time-consuming, especially when prioritizing recovery. A personal injury and wrongful death lawyer in Los Angeles can do this on your behalf. They will do their best to gather and examine the necessary components to build out your case.
A successful lawsuit is one that secures the maximum settlement. While negotiation settlements may be tempting, sometimes trial is the way to go. Note, while a trial is longer and more complex it may be the right option for you.
Individuals with strong cases should pursue them to the fullest degree. John J. Perstein has a successful track record of taking cases to trial, and is here to help you!
The Law Offices of John J. Perlstein – Experienced Los Angeles Personal Injury Lawyers
Broken bones can happen to anyone, but when they do, it is important to hold the responsible parties accountable. While these injuries may seem minor, they can be expensive to treat. The last thing you want is to pay for another individual’s mistake.
John J. Perlstein is a highly respected Los Angeles personal injury lawyer. In his 25+ years of experience, John has successfully taken more cases to trial than any of his peers. John is also a wrongful death attorney [Los Angeles and the surrounding Southern California area]. He regularly helps families get the justice they deserve.
To speak with a personal injury lawyer in Los Angeles, fill out our contact form today.