You suffered a broken nose and it was not your fault. You can sue for money to pay for your accident-related expenses. Obtaining compensation in form of damages can be done in court or out of court. Before explaining more about getting compensation, let’s discuss more about your broken nose injury.
What is considered a Broken Nose Injury?
A broken or fractured nose occurs when there is a crack or break in your nose bone. It is a seriously painful, but often not a life-threatening injury. The symptoms associated with your broken nose is often sharp and instant pain and:
• Misshaped or crooked nose
• Swelling and bruising of the nose and any surround tissue
• Difficulty breathing
A Broken Nose can Happen during Any Type of Accident
A broken nose can happen at any time and during any type of accident. Blunt trauma to the nose can happen during a:
• Slip and fall
• Motor vehicle accident
• Motorcycle accident
• Bicycle accident
• Construction site accident
• Semi-truck wreck
• Pedestrian accident
Broken Nose that is the Result of Negligence
Negligence is the failure of a person to act like a reasonable person in the same and/or similar situation. This “reasonable person” does not exist. Instead, the reasonable person is a standard courts use. The standard compares the at-fault party’s actions with the actions of someone who would do the right the in the same situation.
If the court finds the person who broke your nose did the opposite than what a reasonable person would have done, then they are liable. They failed to protect you from harm. If they did the same thing as a reasonable person would do, they were not at fault for the accident.
The way the court determines if the at-fault party injured you is done in four steps. The steps are called elements. The elements are:
1. The other party owed you a legal duty to protect you from an accident that broke your nose. It does not matter if they were driving or a manager at a grocery store. They were legal responsible for preventing your injury.
2. The other party breached the legal duty to protect you from harm. They caused the accident that broke you nose. You can show this by showing the accident was their fault.
3. Next, you have to show your broken nose was the result of their negligence. A lawyer will use expert testimony to show the other party’s negligence was what directly or indirectly caused your injury.
4. You are owed damages. Damages is a money award for the accident-related expenses you incurred because of your injury. These damages include medical bills and lost wages.
You can Sue if Your Broken Nose was the Result of Negligence
Negligence is the most common reason why people sue for a broken nose. However, it is not the only legal reason to obtain damages for your broken nose. Remember, someone will still have to be at fault for accident. It is just the foundation of your lawsuit is not negligence.
For example, the person could have committed an intentional act. An intentional act is typically a crime like assault, battery and false imprisonment. Typically, the intentional act is a criminal act too. However, you are not worried about the criminal aspect in a person injury case. A personal injury case is a civil lawsuit concerned with getting you money to pay your damages.
You have to prove that the other party intentionally injured you. This could be done by showing they punched you in the nose or caused you to break your nose during an assault.
Another way to obtain compensation for your broken nose is by filing a defective product lawsuit. All products placed in the hands of the consumer are supposed to be safe. If use correctly and they injury you, you can use the manufacturer and anyone connected to the sale of the product.
To obtain money, you must show the product was defective in its design, warnings or manufacturing.
Contact a Personal Injury Attorney about Your Broken Nose Injury
Sustaining a broken nose can be a devastating experience. You may need plastic surgery to correct your injury. Contact an attorney immediately for help.