New York Fracture and Broken Bone Lawyer
In a best-case scenario, a broken or fractured bone heals within a few months. However, in the case of comminuted or transverse fracture, the bones may never completely heal, leaving you permanently disabled. In either case, you could be facing an extended period of pain, recuperation, and the inability to work or care for your family. If your injury was due to the negligence of another party, you may be entitled to compensation.
At Douglas & London, whether our clients were injured by a single event, such as a car accident or a harmful pharmaceutical or vaccine, we vigorously fight for every client to achieve the best result possible. As a result of our hard work, we have achieved unparalleled results in both individual cases and complex litigations. Call for a free consultation with a New York personal injury attorney about your broken or fractured bones.
Why You Need a Broken Bone Injury Lawyer in New York
It’s wise not to resolve a broken bone case on your own. Depending upon the circumstances, the at-fault party’s insurance company may contact you soon after your accident. They could offer what sounds like a reasonable settlement. However, do not agree to anything before consulting a broken bone injury lawyer.
Insurance companies want to settle claims as quickly and cheaply as possible. Yet, you still may not know the extent of the damage, e.g., the severity of the fracture and how long you will need to recuperate. There are often significant setbacks in the healing process. Your attorney will have a much better understanding of a fair settlement, which is usually far more than the insurance company offers.
What is the Investigative Process for a Broken or Fractured Bone?
A New York fracture and broken bone lawyer will thoroughly investigate your claim. For example, after a car accident, we generally advise accident victims to collect as much evidence at the scene as possible, including taking photographs or videos, getting contact information from potential witnesses, and ensuring a police report is filed. However, some victims may experience so much pain and lack of mobility that this proves impossible.
In every case, your attorney will review police and medical reports and work to obtain surveillance video, such as CCTV or dashcam video, which can be invaluable when documenting how the accident happened. In addition, they will secure crucial evidence such as your medical records, the official accident report from law enforcement, and eyewitness and expert testimony from accident reconstructionists. They will also examine the damage to the vehicles and their debris and analyze traffic data from GPS and navigation services to build a solid case for negligence.
What are the Different Types of Broken Bones?
Broken and fractured bones are essentially the same thing. Healthcare professionals use the terms interchangeably.
The most common types of broken bones include the following:
- Closed fracture–The bone breaks, but the skin is still intact.
- Compound fracture–A broken bone punctures the skin, also known as an open fracture.
- Stress fracture–A break resulting from repeated stress or force against the bone, also known as a hairline fracture.
- Segmented fracture–A bone broken in two or more places, also known as a comminuted fracture.
- Transverse fracture–The bone breaks at a 90° angle. Such breaks are common in car accidents.
In severe cases, according to The Mayo Clinic, complications can include a bone infection (osteomyelitis) when a broken bone cuts through the skin and causes a wound, and poor or delayed healing, which is common in an open fracture of the tibia because of lower blood flow to this bone.
What are the Most Common Causes of Broken Bones?
Broken bones usually occur due to trauma. The most common causes of accidents which result in broken bones include the following:
- Car accident in NYC– A pedestrian may be hit by a negligent driver while crossing the street and sustain complex leg fractures.
- Slip and fall-A patron at a food court slips and falls on a spilled drink and breaks their arm.
- Assault-An individual is robbed and, in the process, is thrown to the ground, shattering the bones in their rib cage.
- Work injuries-An employee is delivering items and is hit by a distracted driver.
- Bus accident– A passenger is thrown to the floor of a bus, breaking both their wrists.
Compensation in Bone Fracture Claims
Compensation, or damages, in bone fracture claims, may include economic damages, which are the actual costs verifiable by receipts and invoices. They may also recover for non-economic damages which are related to pain and suffering. They include the following:
- Medical expenses, current and future
- Lost wages
- Reduction of earning capacity
- Property damage
- Emotional distress
- Pain and suffering
Generally, a severe fracture that significantly impacts your life will result in a higher settlement amount.
New York’s No-Fault Laws and Broken Bones
New York is a no-fault state for motor vehicle insurance. Personal Injury Protection (PIP) pays for the accident victim’s medical expenses, lost wages, and certain other reasonable costs, no matter who was at fault for the crash—up to policy limits. It does not cover pain and suffering and other non-economic damages. Basic PIP coverage has a minimum limit of $50,000 for injuries incurred in a single accident.
The victim or plaintiff can only file a personal injury lawsuit against the at-fault party if their economic losses exceed their PIP policy limits or if they suffer a serious injury. In New York, this is defined as dismemberment, significant disfigurement, a fracture, loss of a fetus, or the permanent loss of use of a body organ, member, function, or system. Finally, the statute of limitations in New York for filing a personal injury lawsuit is generally three years from the accident date.
Determining Liability in a Fractured and Broken Bone Case in NYC
A New York broken bone lawyer identifies all potential defendants in your case. After a thorough investigation, liability may go beyond the driver if a car accident caused your injuries. Perhaps a vehicle malfunction contributed to the collision. In that example, the manufacturer may also be responsible.
For slip and fall cases resulting in fractures, a property owner or manager must keep their premises reasonably safe so that visitors do not injure themselves. For example, suppose you fell and broke your leg because the property manager left debris in the walkway or did not adequately light a stairwell. In that case, they may be responsible for your damages and losses in a premises liability case.
Contact Douglas & London for a Free Consultation
If you suffered fractured or broken bones due to another party’s negligence, you need the services of the New York Injury Lawyers at Douglas & London. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, there are no legal fees unless you receive compensation. While most broken bone cases are settled, we will go to trial if the insurance company does not agree to a reasonable settlement.
