Suffering a broken bone due to an accident can be painful and disruptive. These injuries can affect your physical well-being and your financial stability. Whether you have a bone fracture from a slip and fall incident, a car crash, or another type of accident caused by someone else’s negligence, you have the right to pursue compensation by filing a personal injury claim against the responsible party.
The Impact of Broken Bone Injuries
Broken bones, also known as fractures, can range in severity from minor hairline fractures to complex compound fractures that require extensive medical intervention. Regardless of the type of fracture sustained, these injuries can have far-reaching consequences on a person’s life.
In addition to causing immediate pain and discomfort, broken bones can affect a person for several months or even years and can result in temporary or permanent disability. If you suffered broken bones due to someone else’s wrongdoing, a claim for compensation can help alleviate the impact that these injuries have on your life.
Establish Negligence
Winning a claim of negligence requires the following.
Showing Duty of Care
To establish liability, it is crucial to demonstrate that the other party owed you a duty of care. This means they had a responsibility to behave in a manner that would not cause harm. For instance, drivers are responsible for following traffic regulations and operating vehicles safely, whereas property owners are obligated to maintain secure premises.
Proving Breach of Duty
Next, you must show that the other party breached this duty of care. This breach could take the form of reckless driving, failing to maintain safe premises or any other negligent behavior. Gather evidence that clearly shows that the at-fault party breached their duty. Photos of unsafe conditions, witness statements, or video footage of the incident are examples of ways you can prove a breach of duty.
Demonstrating Causation
You must demonstrate that the breach of duty directly caused your injuries. This is where your medical records and expert analysis come into play. Together, they can provide a clear link between the other party’s actions and your broken bone.
Demonstrating Your Losses
Finally, you must show that the accident that caused your injuries also caused you to suffer losses. These losses can be significant injuries, medical expenses, or other accident-related costs.
Evidence to Use for Your Personal Injury Claim
When seeking to establish that your broken bone was the direct result of another person’s negligence, you must provide compelling evidence to support your claim for compensation. Several types of evidence can help prove your case. They include:
- Accident reports — The official accident report will detail the incident and provide crucial information on how the injury occurred.
- Medical records — Comprehensive medical records will establish a direct link between the accident and the broken bone, as well as highlight the extent of the injury.
- Photographs and videos — Visual evidence captured through photos and videos will depict the scene, hazardous conditions, and the progression of the injury.
- Witness statements — Eyewitness testimony will corroborate the events of the accident and support your version of how the accident occurred.
- Expert testimony — Expert opinions from professionals will offer specialized insights into the accident’s circumstances and the impact of the broken bone injury on your life.
After an accident, it is essential that you keep records of all of your losses and expenses. This will help determine how much compensation you can recover for your injuries.
Recovering Damages
Taking legal action can provide you with relief for both specific economic losses and intangible non-economic losses. These include:
Economic damages are compensation for the financial outlay associated with your injury. You could get money for:
- Medical expenses
- Lost wages
- Property damage
- Rehabilitation costs
- Loss of earning capacity
Non-economic damages are compensation for the subjective, personal aspects of your injury. You could pursue money for:
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
- Loss of consortium (loss of companionship)
- Psychological harm
A North Dakota personal injury lawyer can help you prove your case and get justice.
Call Our North Dakota Broken Bone Lawyers Today
At Pringle & Herigstad, P.C., we understand the consequences that broken bone injuries can have on individuals and their families. Our compassionate approach focuses on providing personalized support and strategic advocacy for our clients. Contact our personal injury lawyers for a free consultation to protect your rights.
