Do I Have A Broken Bone Claim?
- October 4, 2017
You may have a broken bone claim in Los Angles if you were injured in an accident where someone else was negligent. Negligence occurs when an individual or company fails to act as an ordinary person would in the same and/or situation. This means if they fail to act like an ordinary person who does everything right, they are liable for your accident. More about negligence and liability in a minute. Let’s discuss broken bone injuries first.
How a Broken Bone Injury occurs in a Los Angeles Accident
A broken bone injury can happen at any time and at any place in Los Angeles. For instance, you could have suffered a broken bone during a car accident, slip and fall or while using a defective product.
Type of Broken Bone Injury Suffered can Cause Serious Damage
Any time you suffer a broken bone it is a serious medical issue. In an accident, several types of broken bones can cause serious damage. The following are some examples of how serious a broken bone is when sustained in an accident:
• Your bone may complete fracture. When this happens, your bone breaks in two separate pieces.
• You suffered a single fracture. A single fracture is a broken bone that is only cracked in one place.
• Your broken bone may be an opened, closed, single or multiple fracture. A multiple fracture means that you a breaks in your bone in more than place.
A broken bone can happen in more than one area of your body. For instance, you may suffer a fracture in your arm and your leg. The type of damage to your bones will determine the amount of damages you may receive in a personal injury claim.
Damages Available in a Broken Bone Personal Injury Claim
In personal injury law, “damages” is the legal term for money. When you file a lawsuit, you seek damages based on your accident-related expenses. These accident-related expenses include, but are not limited to:
• Past, current and future medical bills related to your broken bone injury
• Lost wages from time missed at work from recovery from your broken bone injury
• Decreased earning capacity if your broken bone prevented you from returning back to your job
• Pain and suffering you endured because of your broken bone injury
• Property damage. Property damage focuses on the items lost during the accident. For instance, the property damage could be your bike or vehicle damaged during the accident where you suffered your broken bone.
Proving the Other Person was Negligent in Your Los Angeles Broken Bone Accident Injury
If you are lucky, the at-fault party will want to settle for a fair amount of money that covers all your damages. This will happen without going to trial. However, you know Los Angeles is not a perfect world. The at-fault party may decide to fight or deny your claim. The latter may happen if you have a car accident. The car insurance company may deny you claim even if they know they were liable.
If you have to go to court to prove negligence, here is what you need to know. California personal injury law requires all plaintiffs to prove four things to win their case. These four things are:
1. The at-fault party owed you a legal duty. This legal duty is implied. It involves a person having the legal requirement to protect you from harm by not causing an accident.
2. The at-fault party violated that legal duty to protect you from the accident that caused your broken bone.
3. The at-fault party was the cause of your broken bone. Although you’ve established the at-fault party had a legal right to protect from harm and they breached that harm, you have to connect your broken bone injury with the at-fault party’s negligence. The court does not assume you were injured in the accident. It wants you to show how the at-fault party was the direct and indirect cause of the accident and injury.
4. You deserve damages. The court will want to know the type of damages you have like medical bills.
Contact a Los Angeles Personal Injury Attorney about Your Broken Bone Injury
You were injured and recovering from an accident that was not your fault. Contact us immediately.