Fractures and breaks can happen in any number of ways, but broken bones are frequently caused by someone else’s negligent conduct. A broken bone should never be taken lightly because victims still suffer serious physical pain and financial stress.
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Personal Injury Law
Every bone is vulnerable to fracture. The CDC lists slip and fall incidents as a top cause of bone fractures, but broken bones are also common in motor vehicle crashes and workplace accidents. Fortunately, New York law allows you to seek compensation for the losses related to broken bones. But, the claim process after a fracture can be complicated, so it’s essential to work with an experienced broken bones lawyer to get everything you deserve.
If you suffered a broken bone because someone was negligent or careless, call Hecht, Kleeger & Damashek, P.C. as soon as possible. With decades of experience and hundreds of millions of dollars recovered for injury victims, our highly skilled NY injury lawyers will immediately investigate to determine what happened, identify who is responsible, and the best way to secure fair and full compensation to help you recover.
Discuss your rights and options in a free, no-risk consultation. Call 212-490-5700 or submit a request online.
Common Causes of Broken Bones
Human bones are primarily made of collagen and a calcium derivative that makes them both hard and relatively lightweight. They’re strong enough to support the weight of the human body, but bones are not impervious to damage. A heavy blow can cause a bone crack or a closed, simple fracture. A particularly violent impact can even lead to an open, compound fracture, where the broken bone penetrates outward through the skin.
Car Accidents
Though a vehicle’s metal shell generally protects the body, the impact from a collision can result in various types of fractures. After a car accident, it’s common for a victim to suffer a fractured arm, leg, or broken wrist.
Motorcycle Collisions
Severe bodily injuries frequently occur to the victims of motorcycle crashes, including broken bones in the ankles, legs, and arms, as well as fractured ribs, collarbones, hips, and to the skull and spine.
Slip and Fall Incidents
When a person trips because of dangerous conditions on a property, there’s a strong instinct to try and break the fall. For this reason, many victims suffer shoulder fractures or a broken wrist from a slip and fall accident.
Workplace Accidents
There can be many hazards present in the work environment, especially in the fields of construction, industrial, transportation, and manufacturing. Depending on the type of workplace accident, an employee could suffer broken bones to the hand, wrist, arm, spinal vertebrae, and lower body.
Types of Broken Bones
Any violent impact can cause a bone fracture, and classified as a:
- Closed or simple fracture – Smaller breaks that do not break the skin.
- Open or compound fracture -Breaks that penetrate the skin.
- Hairline fracture – A narrow crack in a bone.
- Incomplete fracture – A significant crack that doesn’t completely break the bone.
- Complete fracture -When the bone breaks into separate pieces.
- Displaced fracture – Where the pieces of the broken bone move out of alignment.
- Comminuted fracture – When the bone shatters into small pieces.
- Compacted fracture – A break caused by bones being driven into each other.
Broken Bone Injury Liability
There’s an infinite number of factors that may contribute to an injury-causing accident, but these incidents share a common feature: They usually occur because someone was careless, which is known as negligence in the practice of law. A broken bones lawyer can describe in more detail, but you need to prove four essential elements to recover compensation:
- You need to show that the responsible party had a duty to exercise reasonable care, whether the activity was driving, managing property, or other acts;
- You must prove that the person or entity breached this legal duty through careless acts or omissions;
- You need to establish a causal link between the breach of duty and the accident in which you sustained a bone fracture, such that you wouldn’t have been hurt but for the breach; and,
- You must demonstrate that you suffered losses because of your injuries.
Broken Bone Injury Claims
In many negligence-based cases, including claims for broken bones, you’ll pursue your right to compensation by filing an insurance claim with the company that covers the responsible party. This task kicks off negotiations with the insurance company, which will review your claim and decide on payment. The amount will depend on many factors, including the location and severity of the injury.
Usually, the insurance company will make an offer for a lower amount than the value of your case. At times, a claims adjuster may even deny your claim entirely by asserting that you caused the accident. It’s critical to have a broken bones attorney on your side during negotiations to counter the false or baseless allegations of the insurer.
If the insurance company is unwilling to settle your claim for a reasonable amount, you may have to take the next step by filing a lawsuit in court. The process requires the high-level legal knowledge and litigation skills of a broken bone injury attorney. You put your rights at risk if you don’t have solid legal representation on your side.
Compensation in Bone Fracture Claims
When you establish that another party’s negligence caused your bone fracture and the resulting financial losses like being out of work and your medical costs, you’re entitled to recover compensation. The goal of which is to reimburse you for your damages and return you to the life you knew before suffering a broken bone. This compensation may include your:
- Medical Bills
- Lost Wages and Benefits
- Physical Pain and Suffering
- Emotional Distress and Mental Anguish
- Disfigurement
- Disability
- Reduced Quality of Life
- Reduced Earning Capacity
- Loss of Consortium
It can be challenging to put an exact figure on how your life was affected by a broken bone injury. You may be in pain, need help with your daily tasks, and have trouble getting around. Aside from earning a living and supporting your family, you may not be able to engage in activities that once brought you joy.
At Hecht, Kleeger & Damashek, P.C., we will thoroughly investigate the accident that broke your bone to gather evidence and identify who is liable. From there, we will work closely with you, your family, your physicians, and when necessary, outside experts, to document and calculate the value of your injuries.
To learn more about the potential value of your broken bone injury claim, either through a lawsuit or settlement, schedule an appointment with our lawyers today.
Consult a Lawyer About Your Broken Bone
Don’t needlessly suffer because someone else was negligent or reckless. You deserve you know your rights and what to expect if you broke a bone. From a broken ankle in a slip and fall to a fractured arm in a car accident, Hecht, Kleeger & Damashek, P.C. are advocates for NY injury victims. With decades of experience and a reputation for maximizing our clients’ claims, we will review your circumstances, and when appropriate, get started on your claim for what you deserve.
Learn how we can help in a free, no-risk consultation. Call 212-490-5700 or contact us online. We never charge fees up-front, and you owe nothing unless we recover compensation on your behalf.
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I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
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I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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