Understanding Fractures & Personal Injury Claims
Personal injury claims can arise out of many different types of accidents, from motor vehicle crashes to construction accidents and other kinds of workplace incidents. When a person suffers serious injuries in an accident, sometimes those injuries can result in permanent disabilities. Frequently when someone’s injuries do lead to a temporary or permanent disability, we often describe those injuries as catastrophic. While there are many types of catastrophic injuries, some fractures or bone breaks can indeed be catastrophic. Depending upon how and where a person suffers a fracture, that fracture ultimately can require follow-up surgeries, and months or even years of rehabilitation. For some types of broken bone injuries, the injury victim never recovers fully.
No matter what, it is important to remember that an experienced injury lawyer can help you to seek the financial compensation you deserve and to hold the at-fault party accountable for causing your injury. We want to discuss different types of broken bone injuries with you to help you understand why you need to file a claim as soon as possible.
Different Types of Broken Bone Injuries
Common bone injuries include fractures and bruising. Bone bruising can occur when one suffers a blunt force and occurs when blood vessels leak blood into the nearby tissues and ligaments. While typically less serious than fractures, bone bruising can be a very painful injury.
Bone fractures can take on many different forms and vary in severity. Below we’ll discuss open fractures, stable fractures, transverse fractures, oblique fractures, and comminuted fractures.
What is a Fracture?
To be clear, a fracture is another word to describe a broken bone. According to the American Academy of Orthopedic Surgeons (AAOS), bones are rigid, but they do bend when an outside force is applied. When a person is involved in an accident and the force is too much, the bones will break. What are the different types of fractures, and how can an injury victim know how serious a particular fracture is likely to be?
How serious are most fractures? It depends on the particular situation. The AAOS explains that “the severity of a fracture usually depends on the force that caused the break.”
- Open (Compound) Fractures: These fractures occur when bone or an object causes the skin to break. In these cases, the bone may or may not be seen in the wound.
- Comminuted Fractures: This type of fracture occurs when the bone shatters into three or more pieces.
- Stable Fractures: Stable fractures are seen when the bone breaks but the pieces are just slightly out of place.
- Transverse Fractures: Transverse fractures result in horizontal breaks in the bone.
- Oblique Fractures: Oblique fractures are angled throughout the bones that are broken.
Who is Liable For Broken Bone Injuries?
Broken bones, or fractures, can result from many different kinds of accidents and personal injury cases. According to the Cleveland Clinic, millions of people sustain bone fractures every year, and they almost always require treatment from a health care provider. In many instances, broken bone injuries occur because of another party’s negligence or intentional wrongdoing. While fractures can vary greatly in terms of severity based on the type of fracture and its location, you should always seek advice from a Rochester personal injury attorney about filing a claim for compensation if you believe another party is responsible for your injury. Determining liability for a broken bone injury will be based upon the specific facts of your case. Our injury lawyers can tell you more about liability for a broken bone injury.
Sports and Fractures
The Cleveland Clinic indicates that sports and recreational activities are one the most common causes of broken bone injuries every year. When a person sustains a fracture while playing sports or participating in a recreational activity, liability will depend on the specific circumstances. The owner of the premises could be liable for the injury if the fracture happened because of a hazard on the property. A coach or league could also be responsible if they failed to take appropriate safety precautions for athletes, for instance.
Broken Bones in Car Accidents
Car accidents and other motor vehicle collisions are among the leading sources of bone fractures, according to the Cleveland Clinic. When a person suffers a fracture in a traffic crash, multiple parties could be liable for the injury. Most often, a negligent motorist who caused the collision may be liable for the fracture. Negligent motorists can include the driver of the vehicle in which the injury victim was an occupant or the driver of another vehicle. However, it is important to keep in mind that New York law only allows accident victims to sue—beyond filing an insurance claim—if the injury meets the “serious injury threshold.” The statute expressly defines a fracture as a serious injury, so it may be possible to file a lawsuit against an at-fault driver.
Beyond negligent motorists, car accidents can also happen because of hazards on the premises where the collision occurred, defective auto parts or vehicle safety recalls, and negligent mechanic works, for example. In such circumstances, another party such as the property owner, the designer or manufacturer of the car, or the mechanic may be liable.
Slip and Fall Accidents and Bone Fractures
Falls are another leading cause of bone fractures among Americans each year. In most fall-related accidents, the owner of the premises may be responsible if the fall happened because of a hazard on the property. Property owners have a duty to maintain their premises in a manner that is reasonably safe, and failure to do so (or to warn about dangers on the property) can result in liability. When falls lead to broken bones, you may be able to file a premises liability lawsuit against the negligent property owner.
Seek Advice from a Rochester Broken Bones Attorney
We want to emphasize that, no matter how minor or major a fracture might seem, you should work with an experienced Rochester personal injury lawyer to seek financial compensation for your losses. Whether you are filing an insurance claim or a lawsuit against the negligent party, you will need an aggressive attorney on your side to advocate for your right to compensation. Contact King Law today.