Breaking or fracturing a bone can be incredibly painful. Even after your bones have healed, the lasting financial impact can continue to hurt. Fortunately, you may be entitled to compensation. If your break or fracture resulted from an intentional act or the negligence of another party, an experienced California personal injury lawyer can help.
At Triumph Law, we know how difficult it can be to put your life back together after this type of injury. Our legal team has a record of success handling cases of this nature. Reach out to us today by phone or through our website to schedule a free consultation with a member of our team.
Make Sure to File Your Personal Injury Lawsuit on Time
If you are planning to sue the liable party after suffering a broken or fractured bone, you need to understand how the personal injury statute of limitations applies to your case. In California, accident victims typically have two years from the date of their injury to file a lawsuit. Missing this deadline will likely result in the loss of your ability to recover compensation.
However, you need to be aware of the fact that the two-year deadline does not apply in all cases. Depending on the particular circumstances surrounding your accident, you may still be permitted to file a lawsuit long after two years have passed. Alternatively, you could find that you only have a matter of months to submit the required paperwork to the court.
The best way to discover the exact deadline that applies to your case is with the help of an experienced broken bones and fractures attorney in California. Your lawyer will identify the deadline for submitting your lawsuit and ensure all paperwork is prepared and filed on time.
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The Elements Required to Prove Negligence
To recover the full value of your claim, you must first identify who is responsible for the damages you suffered. You will need to demonstrate that another party caused your injuries either through negligence or an intentional act. Although this can be a challenge if pursuing compensation on your own, an experienced attorney can make things much easier.
To prove that the negligence of another party was the cause of your accident, you will need to establish the following four elements:
- That they owed you a duty of care
- That they breached that duty of care
- That you sustained damages
- That your injuries were caused by the breached duty of care
Duty of Care
The difficulty of establishing a duty of care depends on the type of accident that occurred and from whom you are attempting to recover compensation. If you were injured in a car accident and are suing another driver involved in the crash, proving the existence of a duty of care is easy. All drivers hold a duty of care to follow the rules of the road and use reasonable caution.
However, in other cases, establishing the existence of a duty of care is far more complicated. Fortunately, an experienced California personal injury lawyer can help.
Breached Duty of Care
To prove the at-fault party breached their duty of care, you must show that they behaved in an unsafe manner that put you at risk. If you are filing a lawsuit against a commercial truck driver, a breach of duty can be shown in a variety of ways including by proving that the truck driver was speeding, intoxicated, or in violation of the hours of service regulations for commercial drivers.
The next step is to show that you suffered damages from the accident. You can prove your damages with your medical records. However, it is critical that you seek medical attention as soon as possible. Otherwise, the defense will attempt to argue that an unrelated incident caused your injuries.
The Breached Duty of Care Caused Your Injuries
The final step is to show causation. You must be able to prove that the defendant breaching their duty of care was the direct cause of your damages. An experienced broken and fractured bones attorney in California can help you prove fault in a manner that a jury can easily understand.
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Damages You Can Claim After Breaking or Fracturing a Bone
If your broken or fractured bone was caused by another party’s negligence or intentional act, there are many damages you will be able to claim. All compensatory damages for which you are eligible are split between economic and non-economic damages.
Every loss you suffered that had a financial impact belongs to the economic damages category. The economic damages most frequently available after breaking or fracturing a bone include:
- Medical bills
- Future medical bills
- Lost wages
- Decreased ability to earn income
- Property damage
- Modifications to your vehicle or home to help with an injury
Every other loss you incurred is lumped into the varied category of non-economic damages. The non-economic damages most frequently available after breaking or fracturing a bone include:
- Lessened ability to enjoy life
- Loss of companionship
- Mental anguish
- Permanent disability
- Scars and disfigurement
- Emotional distress
- Pain and suffering
Depending on the details of your case, you could also be able to claim punitive damages. However, punitive damages are reserved for extreme situations and only apply in a small percentage of cases.
The main difference between compensatory damages and punitive damages is that the former focus on replacing the losses of the accident victim, while the latter is meant to punish the liable party. A judge will only award punitive damages if the at-fault party was grossly negligent or purposefully caused harm.
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Get a Free Consultation from a Broken Bones and Fractures Attorney in California
Choosing the right lawyer to represent your interests is one of the most critical steps you can take when attempting to recover compensation. You need an attorney with experience handling cases similar to yours and a history of winning big for their clients. You also need to make sure you choose an attorney who is not afraid to take your case to court if necessary.
At Triumph Law, our team of broken and fractured bone lawyers in California is known for our readiness to take a case to trial. Not only does our experience in the courtroom increase your chances of winning, but our willingness to go to trial can also increase the amount of a settlement deal. Contact us today to schedule a free consultation with a member of our team.