Bone breaks and fractures are the most common orthopedic issues in the United States. The NYU Langone Medical Center Hospital for Joint Diseases calculates nearly 7.9 million people in the U.S seek medical attention for the injury every year. Some broken bones can cause complications that require additional medical care. In some cases, having one previous fracture doubles your chance of a future one.
The terrible part is that broken bones are most likely a result of a misfortunate event. Many different types of accidents can lead to broken bones, such as auto and pedestrian accidents. You should contact a personal injury attorney if another party caused your broken bone. You may be eligible for a settlement if you can prove the responsible party was negligent.
Los Angeles County Personal Injury Attorney
You must act fast if you plan to submit a personal injury claim to the court, since California has certain time frames for filing personal injuries. Yarian & Associates, APC has been assisting clients with personal injury claims for nearly two decades. They will make sure you’re following the guidelines and timeline for your specific case. Yarian & Associates, APC can advocate on your behalf to ensure the negligent party is held responsible.
Yarian & Associates, APC can analyze your case and determine if it’s worth pursuing under a court of law. Call (844) 826-5560 to schedule a case evaluation with the attorneys at Yarian & Associates, APC. Levik Yarian represents clients in areas such as Glendale, Los Angeles, Visalia, Riverside, Fresno, Irvine, and San Bernardino.
California Broken Bones Overview
- Who Caused the Broken Bone?
- Types of Broken Bone Injuries
- How are Broken Bones Compensated in California?
- Additional Resources
Who Caused the Broken Bone?
Anyone who has suffered an injury like this knows how painful, debilitating, and expensive they can be to treat. You can experience a broken bone in a variety of accidents. Some of these accidents include:
- Auto accidents
- Bicycle accidents
- Bus accidents
- Caltrans accident
- Car accidents
- Motorcycle accidents
- Nursing home abuse
- Pedestrian accidents
- Slip, trip and fall
- Truck accidents
A lot of these accidents involve other third parties or people whose negligence might have contributed to your personal injury. Additionally, the state of California follows a pure comparative negligence statute. Pure comparative negligence measures both parties’ contribution to the accident. However, the plaintiff’s final compensation amount depends on his or her percentage of contribution to the accident. This type of negligence means that if you, as the plaintiff is found to be 10% liable for the accident, your compensation award decreases by 10%. For example, you have been awarded $15,000 on the settlement of your injury. You will end up with $13,500 instead, after subtracting your 10% liability. Since California’s law is still mostly favorable to the person filing, it is within your best interest to contact a personal injury attorney to do the filing for you.
The state of California does impose a statute of limitations, or a timeline for filing a personal injury case. Under civil code 335.1, the state requires a claim for an injury done out of negligence or wrongdoing filed within two years of the occurrence. However, if the claim made is against a governmental or public entity, then the time limit for filing is only six months, as declared in government code 911.2. The law specifies different ways in which to provide proof of filing date.
Types of Broken Bone Injuries
There are many different types of breaks, all of which fall into two categories: open or closed. When a piece of the broken bone sticks through the skin, it’s considered an open break while a break enclosed within the skin is a closed break.
The severity of a broken bone depends on its location. The physician must also determine any damage done to surrounding tissues or bones. Listed below are examples of common types of bone breaks.
- Comminuted break: The bone shatters into numerous pieces
- Compound break: The bone splits in more than one place
- Hairline fracture: The crack does not go through the bone
- Simple break: The bone breaks in one place
- Impacted break: Force causes both ends of the bone to end up against each other
- Stress fracture: A small crack in the bone
- Oblique break: The bone breaks diagonally
- Longitudinal break: The break is along the length of the bone
Pain from a broken bone may not stop after treatment and can lead to complications, which require additional medical costs. Bone break complications can include bone deterioration, chronic pain, blood poisoning, limping, and drainage from open break wounds.
How are Broken Bones Compensated in California?
Anyone injured by another’s negligence has the right to compensation. By bringing a personal injury claim, you can seek compensatory damages, which dive into two categories: economic and non-economic losses.
Economic damages are awarded to cover any out-of-pocket costs you spent or will be required to pay in the future for your injuries. Financial losses can include medical expenses, lost wages, rehabilitation, property damage, and lost earning capacity. Economic damages are easily quantified, and their value remains the same depending on the jury evaluating them.
Non-economic damages are costs that cannot be quantified. These types of losses are less concrete than economic losses and can vary depending on the jury. Non-economic damages are used to compensate for things without monetary value. These can include pain and suffering, mental anguish, and loss of enjoyment of life.
There is only one circumstance when the court will cap how much you can receive from a personal injury claim. If you were in an auto accident while under the influence or uninsured, the court will not grant you non-economic damages. The only time a court can award an uninsured driver for non-economic damages is if the other driver receives a DUI conviction in connection with the accident.
Contact a personal injury attorney if you plan to bring a personal injury claim into civil court. It’s hard to determine how much compensation you are entitled to without a thorough evaluation of your case.
Second Fracture Occurrences – Follow the link to visit the National Center for Biotechnology Information (NCBI) 2016 research study regarding second broken bones incidents following a first one. If you are suffering from a broken bone, you might be at a higher risk for a second one. Seek medical advice to see how you can prevent a second broken bone.
Fractures | Stanford Health Care – Visit the official website of Sandford Health Care to learn more about breaks and fractures. You can find out what is considered a fracture, what causes fractures, the different types, and possible treatment.
Personal Injury Lawyer in Los Angeles
It’s advised you contact a personal injury attorney if you have suffered a broken bone because of another’s negligence. Yarian & Associates, APC can carefully evaluate your case and fight for you to receive maximum compensation. As your legal counsel, Yarian & Associates, APC can represent you in court.
Start off with a free consultation with no obligation. Call (844) 826-5560 to schedule a time to speak with a personal injury lawyer. Yarian & Associates, APC assist clients in areas throughout Tulare County and Los Angeles County.