Broken Bones and Fractures Cases
People experience broken bones and fractures due to a number of accidents in various settings. Car crashes, workplace accidents, difficulties during the birthing process or falls contribute to “hard” injuries. In personal injury cases, determining the extent of the damage, if the defending party was negligent and the projected medical costs are important components of a case filing. Following are some of the first steps involved in broken bones and fractures cases and important components of a personal injury claim:
First steps: Individuals who experience broken bones and fractures should immediately see a doctor or visit an emergency room. Once the individual’s health care has been taken care of, the plaintiff should begin the evidence collection process, which can vary depending on the situation. For example, evidence collection at the scene of a car accident will be different than that collected due to a fall in the workplace or on a neighbor’s property. Gathering witness statements or contact information and documenting everything that happens in the days following the incident are equally important.
Fault and negligence: The plaintiff must prove the incident is the fault of the defendant and that the defendant’s negligence resulted in the broken bones and fractures. Proving fault and negligence are important components of the case and vary depending on the location of the incident and state statutes. For example, premises liability claims seek damages from the owner’s or occupants of a premises. The law makes occupants and owners legally liable for incidents that occur on the property, depending on the circumstances.
Causation: The plaintiff must prove the defendant’s actions, or inaction, were the direct cause of the broken bones and fractures. For example, if the plaintiff falls on a homeowner’s stairs, she must prove that the state of disrepair the stairs were in caused the fall leading to broken bones or fractures.