Adults have 206 bones in their bodies, and any of these are susceptible to cracks and breaks. Of the 124 million people who visit the emergency room annually, 42 million make the trip because of an injury. Bone fractures are one of the primary injuries sending people to the E.R.
If you sustain bone fractures in an accident due to someone else’s negligent actions, you may benefit from working with a lawyer who understands the nature of bone injuries as well as the legal complexities of a personal injury claim. Whether you need assistance negotiating with an insurance company or want to know if you have a valid lawsuit, Fielding Law in Taylorsville, Utah, can help you navigate the process.
A broken bone is extremely painful and always warrants a trip to the hospital. Though many of these injuries happen due to random events or are the result of a risk that a person willingly took (such as playing a sport), other times a person suffers an injury because of someone else’s negligence or because of an equipment defect. In fact, even people who do assume a higher risk and engage in a sport, for example, may still have grounds for a personal injury claim if the negligent part acted in a capacity beyond what people traditionally expect from such a sport.
A person who suffers a broken bone may have the right to legal action following a vehicle collision, a motorcycle accident, dog bite or attack, or a slip and fall accident. premises liability laws and even products liability laws may come into effect. This means that what may seem like a straightforward case could prove to be remarkably complex and time consuming. Fielding Law Taylorsville accident attorney will seek a fair compensation to help with your medical bills. If you were struck by a truck driver, you could also get advice from a truck accident lawyer.
Broken bones demonstrate a high degree of physical, mental, and emotional suffering and may lead to long-term damages and additional costs. Here are a few ways broken bones may alter a legal claim:
In cases of extreme negligence, your attorney may seek punitive action to compensate you for the damages listed above. This will depend on your unique situation, however, so you will need to speak with an attorney to know exactly how to proceed.
Trauma in the form of force, pressure or repetitive motions can put more stress on a bone than it can handle. When that happens, the bone can splinter, chip, crack or break in one or more places. Some incidents lead to crushed bones, which are more challenging to repair, and sometimes broken bones pierce the skin, creating an increased risk for complications.
Broken bones may result from an accident while knowingly participating in a risky sport or activity. They may also happen in an accident or incident due to someone else’s negligent behavior. The injuries almost always require medical treatment, generally healing within six to eight weeks. However, severe injuries may take months to heal and can leave permanent damage.
If you have an accident that results in broken bones, seeking medical assistance right away is essential to the healing process. When you wait, your body’s immune system begins addressing the injury, attempting to heal the damage, which may lead to complications. Sometimes the complications mean that the doctor has to re-break the bone to set it. However, other complications impose severe limitations and may be life-threatening, including the following:
Furthermore, a broken bone can lead to mobility or use issues, particularly if the bone fracture is severe and complex or when nerves suffer damage. A broken bone can limit your ability to work or perform your day-to-day activities during the healing process.
When the injury is serious, it can also result in mental anguish and emotional distress. The risk of mental health issues is higher for injuries that take longer to heal or lead to permanent disabilities. The damage from the broken bone can go beyond the immediate physical harm, impacting your well-being and overall quality of life.
Bone fractures meet Utah’s definition of a serious injury. Therefore, you may be able to file a lawsuit if you sustain a broken bone injury in Taylorsville. However, it depends on the specifics of your case. If, for example, you fall and break your leg while on a hike, you might not have a valid claim unless the property owner’s negligence made the trail more dangerous than you could reasonably expect.
However, your case may qualify for a lawsuit if you had an accident due to someone else’s negligence. You must demonstrate that another party is liable by providing proof of the following:
Negligent behaviors are often the cause of car accidents, slip-and-fall accidents and defective product incidents.
Utah is a no-fault accident state. Taylorsville residents must have personal injury protection coverage on the insurance. Typically, if you sustain an injury in a car crash, you file a claim with your insurance provider. The company must cover your medical expenses and lost wages up to at least $3,000, no matter who is at fault. The law prevents you from filing a lawsuit unless your injuries meet the legal guidelines for qualifying injuries. Fortunately, broken bones qualify.
If you are in a car accident and the other driver’s negligence contributed to or caused the accident, you can file a lawsuit. A Fielding Law Taylorsville broken bone injury lawyer can help you through the process, potentially increasing the potential for a favorable outcome. However, you need to speak to an attorney before you accept an insurance company settlement offer. When you take the settlement, you must also sign a waiver of rights to further action, thus forfeiting your right to sue.
Slip-and-fall accident claims typically occur on commercial property (falling on a wet floor in a supermarket, for instance), but they may occur on any third-party premises, including public spaces. Premises liability claims tend to be complicated, as it is often challenging to prove negligence.
In these cases, you must provide convincing evidence that the property owner or manager knew or should have known about the hazard on the property but did nothing to fix it or inform visitors of its existence. You must also establish that you could not have reasonably expected or avoided the danger.
Though a property owner can’t simply claim ignorance of their responsibilities, it often takes experience with these cases and an in-depth understanding of the law to prove the other party was negligent. Fielding Law attorneys understand the intricacies of premises liability cases and know how to uncover the evidence needed to prove fault.
Manufacturers are responsible for the safety of the products they put out on the market. They must go through stringent testing and quality control. However, they don’t always fulfill their obligations, leading to serious injuries for consumers.
They may release items with a faulty design or a flaw during the manufacturing process. They may also fail to provide sufficient warning of the product’s dangers or adequate instructions for safe usage. In addition to the manufacturers and product assembly workers, wholesalers and retailers may also be liable.
If you sustained broken bones in Taylorsville after using a consumer or work-related product, you might be able to file a lawsuit to recover damages. A Fielding Law attorney can assess your case to determine which parties could be accountable for the defective or dangerous product that caused your bone injuries. The lawyer can also help you pursue fair compensation for your losses.
If you pursue a claim through the insurance company, you can typically obtain a settlement that pays for medical expenses, a percentage of lost income and a per diem for incidental costs related to your injuries. However, insurance companies will only pay up to policy limits. For instance, your PIP auto insurance coverage will likely only cover up to $3,000 in expenses.
Often, the total costs for a broken bone are much higher when you factor in missed work. A severe injury can quickly add up to tens of thousands of dollars in hospital bills alone. Insurance generally does not pay for non-economic costs, though a property owner’s liability coverage may do so if you file a lawsuit.
Filing a lawsuit allows you to pursue both economic and non-economic damages. Economic damages may include the following:
Compensation for non-economic damages attempts to help ease the burdens of harm that doesn’t have a bill or paycheck attached. These include pain and suffering, emotional injury, loss of consortium and loss of relationships. While no amount of money can repair those damages, your Fielding Law attorney can help you obtain compensation that may let you take steps to get your life back on track.
Even if another party’s negligence contributed to the accident that caused your broken bones, Utah’s modified comparative negligence law impacts the outcome of your case. The law requires the courts to consider your role in the accident when deciding how much of the settlement award you will receive.
If you were less than 50% responsible for the accident, you would collect a percentage of the award equal to the other party’s portion of the liability. However, if you were at least half at fault, you won’t receive any of the settlement. A Fielding Law attorney can help you protect your rights and prove the other party was primarily responsible for your injuries.
In the difficult and painful time following a broken bone injury, you need compassionate and dedicated attention with direct access to an attorney. The road ahead will be full of medical bills and prescriptions in addition to personal pain and the challenge of filing a personal injury claim. To facilitate this process, start with a free consultation with a Personal Injury Attorney at Fielding Law.