Broken bones, or fractures, are injuries to the skeletal system that require resetting and temporary immobilization for proper healing. A broken bone occurs when a force that is stronger than the bone causes it to break or snap in some way. Many times broken bone injuries result from an accident caused by someone else’s negligence or another’s intentional act.
Depending on the particular location of the bone break, the injury can be debilitating and require extended recovery time, preventing you from working and caring for your family. When a broken bone occurs as a result of someone else’s actions, it is important to consider your options for recovering for your injuries. The expert personal injury attorneys at Staples, Ellis + Associates, P.A. assist clients across northwest Florida to recover for broken bones caused by another’s negligent or intentional act. If you are suffering from a broken bone caused by someone else, contact Staples, Ellis + Associates, P.A. today to discuss your options with our qualified personal injury attorneys.
Common Types of Broken Bone Injuries
No two broken bones are alike. However, the most common types of bone breaks or fractures are displaced fractures, non-displaced fractures, open fractures, and closed fractures.
A displaced fracture occurs when the bone snaps in two or more parts, moving out of alignment. A non-displaced fracture occurs when the bone cracks, but does not move out of alignment.
A closed fracture describes a bone break that does not puncture or break through the skin, while an open fracture does protrude through the skin, posing a risk of infection. Closed fractures may be referred to as simple fractures while open fractures are often called compound fractures.
How can you recover damages for broken bone injuries?
When you sustain injuries such as broken bones as a result of another person’s actions, you may have legal claims against the person and can likely recover for your injuries. In Florida, courts recognize two types of personal injury claims against others: (1) negligence claims; and (2) intentional tort claims. You may pursue these claims through a lawsuit filed in Florida courts. Often these personal injury cases settle out of court without the involvement of a judge or jury but you may still need to file a lawsuit to force a settlement.
Lawsuits under the theory of negligence are essentially accidents in which one party’s failure to act reasonably under the circumstances causes harm or injury to another person. Examples of negligent behavior that results in broken bones include: causing a car accident, leaving a hazard in a public area that results in a fall, or allowing a dangerous situation to exist, such as failing to repair rotten floorboards. In all of these situations, it is unlikely anyone meant for someone else to get hurt, but where another person’s unreasonable behavior caused the accident, that person is liable for damages.
To recover for broken bones sustained in an accident, you must show the other person owed you a duty to act reasonably safely toward you, the person failed to live up to that duty, the person’s failure actually caused your broken bones, and you suffered quantifiable harm as a result. In the prior examples, a person owed others a duty to drive safely or maintain a safe environment and breached that duty, resulting in your broken bones.
Intentional Tort Claims
An intentional action is one that is done for the purpose of causing harm. Under Florida law, intentionally creating contact with another person that causes an injury is a type of tort, or lawsuit, called battery. Examples of a battery include punching someone or hitting someone with an object such as a stick or bat. If a battery causes a broken bone, you can recover for your injuries, including medical bills, time off work, and the negative impact on your quality of life.
The Role of Insurance Companies
In the case of an accident, you may be able to recover from the negligent party’s insurance company. For example, if you suffer a broken bone in a car accident caused by another driver, you may be able to recover damages from the driver’s automobile insurance company. Similarly, if you suffer a broken bone from a fall caused by rotten floorboards at a friend’s house, you may be able to recover from your friend’s homeowner’s insurance policy.
The more an insurance company pays out for accident claims, the less profit the company makes. For this reason, it is in the insurance company’s interest to offer you as little money as possible in settlement of your claims. Many times insurance companies make low ball offers in hopes of a quick settlement. While this may mean you get money more quickly, a prompt settlement may not be in keeping with the full amount of your damages, hurting you in the long run. If an insurance company approaches you about a settlement, you should always discuss the settlement with your attorney to make sure you are being properly compensated for your damages.
In some cases, your own insurance may cover some of your damages from an accident causing broken bones. For instance, your health insurance may cover medical costs and disability insurance may pay a portion of your wages if you are out of work. Even when your insurance company covers some of your damages, it is important to consult an attorney to make sure you are being properly compensated based on your insurance policy and to confirm that you will not release any rights against the negligent party by accepting payments from your insurance company.
Contact a Northwest Florida Injury Attorney Today to Recover for Broken Bone Injuries
Bone breaks and fractures are serious injuries that take time to heal. In some cases, you may never be the same as you were before the bone break. If you experience a broken bone as a result of someone else’s actions you are likely entitled to compensation for your injuries. A personal injury attorney at Staples, Ellis + Associates, P.A. can assist you in quantifying your damages and pursuing claims against those responsible. Get the experience of a trial-tested personal injury attorney on your side by reaching out to Staples, Ellis + Associates, P.A. now.