Broken bones are among the most common injuries sustained in accidents, yet they can have long-lasting consequences. Whether caused by a car crash, workplace accident, or slip and fall, a fracture can lead to chronic pain, expensive medical care, and time away from work.
Understanding your legal rights after a broken bone injury can help ensure you receive full and fair compensation.
Common Causes of Broken Bones
A broken bone, or fracture, occurs when force or pressure exceeds what the bone can withstand.
While fractures can happen in countless ways, some of the most frequent causes include:
- Motor Vehicle Accidents: The force of impact during a collision can break bones in the arms, legs, ribs, and face. Pedestrians and motorcyclists are particularly vulnerable to severe fractures.
- Slip and Fall Accidents: Falls are a leading cause of broken bones, especially among older adults. Wrist, hip, and ankle fractures are common when someone tries to catch themselves during a fall.
- Workplace Accidents: Construction, manufacturing, and warehouse jobs pose a high risk for fractures due to heavy machinery, falling objects, and hazardous conditions.
- Sports and Recreational Injuries: Contact sports or high-impact activities can result in bone breaks from collisions or awkward landings.
- Defective Products: Faulty equipment, unsafe vehicles, or poorly designed consumer products can lead to serious fractures.
When another person’s negligence or a company’s defective product causes your injury, you may have a valid personal injury claim.
Types of Bone Fractures
Not all broken bones are alike. The severity and type of fracture can affect recovery time and long-term outcomes.
Common types include:
- Hairline or Stress Fractures: Tiny cracks that may not be immediately visible but can worsen over time.
- Simple (Closed) Fracture: The bone breaks but does not pierce the skin.
- Compound (Open) Fracture: The bone breaks through the skin, increasing the risk of infection and requiring emergency care.
- Comminuted Fracture: The bone shatters into several pieces, often requiring surgical repair.
- Greenstick Fracture: A partial break that typically occurs in children, whose bones are more flexible.
- Compression Fracture: Often occurs in the spine due to a fall or heavy impact.
A doctor may need X-rays, CT scans, or MRIs to diagnose the full extent of the injury and determine an appropriate treatment plan.
Treatment and Recovery
Treating a broken bone often involves more than just setting the fracture and applying a cast.
Depending on the location and severity, treatment may require:
- Surgery: Plates, screws, or rods may be used to stabilize the bone.
- Physical Therapy: Restoring mobility and strength after immobilization is essential for full recovery.
- Pain Management: Medication and follow-up visits are often necessary to manage discomfort.
- Long-Term Care: Severe fractures can lead to complications such as arthritis, nerve damage, or chronic pain.
Recovery can take weeks or months. During this time, victims may be unable to work or perform daily activities, leading to financial strain in addition to physical suffering.
Establishing Liability After a Broken Bone Injury
To pursue compensation, your attorney must prove that another party’s negligence caused your injury.
This generally involves showing:
- Duty of Care: The responsible party owed you a duty to act safely.
- Breach of Duty: They failed to meet that duty through careless or reckless behavior.
- Causation: Their actions directly caused your injury.
- Damages: You suffered measurable losses, such as medical expenses or lost income.
For example, a driver who runs a red light and causes a crash may be liable for any resulting fractures. Similarly, a property owner who fails to repair a hazardous stairway could be held responsible for a fall-related injury.
Compensation Available for Broken Bone Victims
If your fracture resulted from someone else’s negligence, you may be entitled to recover both economic and non-economic damages, including:
- Medical Expenses: Emergency care, hospitalization, surgery, physical therapy, and future treatment.
- Lost Wages: Compensation for time missed from work and any reduced earning capacity.
- Pain and Suffering: Recognition of the physical pain and emotional trauma endured.
- Loss of Enjoyment of Life: If the injury limits your ability to participate in activities you once enjoyed.
- Permanent Disability or Disfigurement: When a fracture leads to lasting impairment.
The exact value of your claim depends on the circumstances of the accident, the extent of your injuries, and the long-term impact on your life.
Steps to Take After Suffering a Broken Bone
Taking the right steps after an accident can strengthen your legal case and help protect your health:
- Seek Medical Attention Immediately: Even minor fractures can worsen without treatment.
- Document the Accident: Take photos of the scene, your injuries, and any contributing hazards.
- Collect Witness Information: Statements from witnesses can help establish liability.
- Keep Records: Save medical bills, receipts, and correspondence related to your injury.
- Consult an Experienced Personal Injury Lawyer: An attorney can guide you through the legal process, negotiate with insurance companies, and pursue fair compensation.
By following these steps, you can protect both your physical well-being and your legal rights, laying the groundwork for a stronger recovery and a successful personal injury claim.
Insurance companies often attempt to minimize payouts or shift blame to the injured person. An experienced personal injury attorney can protect your rights by investigating the cause of your accident, gathering medical evidence, and valuing your claim accurately.
Broken bones may seem straightforward, but the physical, emotional, and financial toll can be significant. Whether your injury happened in a car accident, a fall, or on the job, you deserve support and fair compensation.
With the help of an experienced personal injury lawyer, you can focus on healing while your attorney handles the legal details. Contact Eisenberg Law Offices, S.C. today at (608) 256-8356 for a free, no-obligation consultation.
