The Complications Involved in a Broken Bone Injury Claim

Broken Bone Injury Claim

Broken bones are a very serious type of injury that can result in a lot of complications. If you have suffered a broken bone, it is important to understand the potential complications that could arise as a result of your injury. This will help you to be prepared for what could happen and also understand the different options that are available to you for treatment.

Proving Negligence

Broken Bone Injury Claim

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One of the most challenging aspects of any personal injury claim is proving that the other party was negligent. To succeed in a broken bone injury claim, you must show that the other party breached their duty of care and that this breach directly led to your injuries.

This can be difficult, especially if the break occurred in an accident where both parties were at fault. For example, suppose you were in a car accident, and the other driver was speeding. In that case, proving that the other driver was primarily responsible for the accident may be difficult.

However, if the other driver were speeding and ran a red light, it would be easier to prove they were at fault. Broken bone injury lawyers can help you gather the necessary evidence to prove negligence.

Comparative Fault

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Even if you prove that the other party was negligent, you may still be found partially at fault for your injuries. This is known as comparative fault, and it can significantly reduce the number of damages you can recover in a personal injury claim.

For example, if someone slipped and fell on your property, but it was determined that they were not paying attention and were wearing flip-flops, a jury may find that they are 50% at fault for their injuries. This would mean they would only be able to recover half of the damages they seek.

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It’s important to note that not all states follow the comparative fault rule. Some states like Arizona and California have a “pure comparative fault” rule, which allows injured parties to recover damages even if they are 99% at fault for their injuries.

Other states like Maryland and Virginia have a “contributory negligence” rule, which bars injured parties from recovering any damages if they are even 1% at fault for their injuries. An experienced personal injury attorney will be familiar with the laws in your state and can advise you on how they may impact your case.

The Statute of Limitations

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The statute of limitations is the deadline for filing a personal injury claim. In most states, the deadline is two years from the date of the accident.

If you try to file a personal injury claim after the deadline has passed, your case will likely be dismissed. There are a few exceptions to this rule, such as if the injured party is a minor or if the injury was not discovered until after the deadline had passed. 

You may be entitled to compensation if you have a broken bone injury, but it’s important to be aware of the potential complications that could arise. An experienced personal injury attorney understands the challenges involved in these cases and can help you navigate the legal process.

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