Broken bones are common injuries resulting from accidents. Whether your injury is a fracture or a break, you should seek medical attention immediately after being involved in an accident. The longer you wait to seek treatment, the greater the chance that the bone will not heal properly.
A broken bone may require surgery and extensive rehabilitation. In some cases, people who suffer from broken bones may need their arm or leg amputated due to infection or loss of blood circulation.
Some people do not realize that they may be entitled to compensation for their injuries. After suffering from a serious injury, the best thing you can do is contact a Los Angeles personal injury attorney to help you pursue the best possible compensation.
Situations That Cause Broken Bones
Broken bones can occur in many different ways. They can be caused by accidents, falls, and sports injuries. As with any other injury, some situations can cause broken bones:
Accidents at Work
Construction workers fall off ladders or scaffolding, truck drivers get into accidents on the road, and factory workers suffer injuries while operating heavy machinery. These injuries are usually severe because they involve heavy machinery and large vehicles that can cause severe damage if they hit someone.
Accidents on the Road
Another common cause of broken bones is accidents on the road. In California alone, there are more than 14 million registered vehicles that are on the road every day. Some of these vehicles are being driven by people under the influence of drugs – which could lead to deadly accidents.
Sport injuries often happen during contact sports such as football and basketball, but they can also occur during non-contact sports like gymnastics and track & field events. Sports-related injuries account for about 10% of all bone fractures in adults over the age of 18. These injuries can be severe because they often involve multiple fractures.
Broken bones can also result from physical abuse. If someone hits you hard enough with an object, they could cause a fracture or broken bone. An assault injury may not seem serious, but it can get worse over time, requiring surgery and advanced treatment. A Los Angeles Personal Injury lawyer can help pursue aggravated assault/battery charges from the culpable parties.
The different types of broken bones include:
- Avulsion fractures: These occur when a tendon or ligament pulls away from its attachment to the bone.
- Colles fractures: This type of fracture occurs when the wrist is bent back, causing the radius and ulna to forcibly separate. A Colles fracture is a very painful and serious injury.
- Compression fractures: Compression fractures occur when osteoporosis weakens the bone so much that it breaks with the slightest stress. Stress fractures typically affect runners and other athletes who participate in strenuous activities.
- Greenstick fracture: A greenstick fracture is a break at only one side of an immature bone that has not yet hardened. A greenstick fracture usually occurs in children who play roughly or fall and hit an object squarely with an arm or leg that is still growing but not yet completely ossified.
- Comminuted fracture: This occurs when one or more bones crush into smaller pieces rather than just bent out of place or crushed into each other. Comminuted fractures are often very difficult to heal and may require surgery to repair them.
If you or a loved one was injured in an accident that resulted in broken bones, you must prove that the defendant owed you a duty of care and breached that duty by failing to take reasonable steps to ensure your safety. In addition to proving breach of duty, you must show that the breach caused some form of injury. This element is often known as causation – the actual link between the defendant’s actions and your injuries.
Also, California law states that the defendant should have foreseen the likelihood of causing harm. Lastly, the plaintiff must prove that they suffered actual damages due to the breach of duty.
Possible Liable Parties
If you have been injured in an accident, you may think of one person or company as solely responsible for your injuries. However, there may be more than one party responsible for your accident in some cases. This is especially true because California is a comparative fault state – more than one person can be held responsible for injuries.
In a recent case, a woman was injured after being thrown from her bicycle when a car hit her from a sidewalk in Los Angeles. She broke her arm due to the accident and had to undergo surgery. She filed a lawsuit against both the driver of the car and the city that owned the sidewalk where she was riding her bike at the time of her accident.
It may be a daunting task to determine liability, but a personal injury lawyer in Los Angeles can help you do so. Some of the liable parties may include:
At-Fault Driver: If a person is driving and causes an accident due to negligence, they are considered at fault – they are liable for your injuries. This includes someone drunk or distracted while driving, such as texting or talking on the phone.
Property Owner: If you are injured on someone else’s property like a store parking lot or sidewalk, then that person may be liable for your injuries under California premise liability – if they did not maintain the area properly or if there were dangerous conditions present that would cause an injury to anyone walking there.
Employer: If you were hurt while working at your job and determined that it was due to your employer’s negligence, they could be held liable for paying for medical bills and other damages related to your accident. This is taken care by workers’ compensation benefits that pay for lost wages and other injuries.
Manufacturer of a Defective Machine/Tool: If you were injured while using a defective tool or machine, then the manufacturer would be liable for damages related to your injury. If it is determined that there was no negligence on your part, then you may recover damages from the manufacturer of the defective equipment or tool.
What Are the Rights of a Victim Involved in a Crash?
If you’ve been in a car accident or injured due to someone else’s negligence, you must know your rights as a victim.
The Right to Not Make a Statement
If you have been involved in an accident and are questioned by the insurance company, you have the right to refuse to answer. This is because the insurance adjuster is likely looking for an opportunity to use anything said against you – even a simple apology could be twisted to suggest that you admitted liability!
The Right to Pursue Damages
Victims injured in accidents have a right to pursue damages against the responsible party for their losses. This means that if someone hits your car while they are driving recklessly or texting while driving, causing you injury, they can be held financially responsible for your medical bills, lost income, and other expenses related to your injuries.
Statute of Limitations California
The statute of limitations in California is two years from the date of injury or discovery of the injury. In a personal injury case, this means that you have two years from when the accident occurred to file a claim against the person or entity responsible for the accident.
If you wait longer than two years to file your claim, you could lose your right to recover compensation for your injuries. However, certain circumstances warrant the tolling of the statute of limitations, these include:
- Reasonable delay in discovering the injury (Civil Code §338)
- Victim was a minor at the time of the accident (Civil Code §352)
- Defendant is serving an imprisonment term (Civil Code §352.1)
- Defendant can’t be traced (Civil Code §351)
How Can a Personal Injury in LA Help?
The attorney would help in filing a claim against the liable parties. The claim should include evidence of all expenses related to the incident, including medical bills and lost wages.
Also, a Los Angeles broken bones lawyer will gather evidence that supports your claim. This may include police reports, witness statements, and any photos taken at the scene. The more evidence collected, the better your chance of winning your case.
Once all necessary evidence has been collected and reviewed by both sides, settlement talks begin between your attorneys and those representing the other party. A lawyer will negotiate on your behalf, helping you get the best possible settlement for your injuries.
Personal Injury Attorney Can Help
If you have been injured in an accident with broken bones, then you may be able to file a lawsuit against them for damages. At KJT Law Group, we understand the serious consequences of broken bones on your life and those around you.