Broken Bones and Fractures
Broken bones and fractures are serious injuries that may arise out of many different types of accidents. In most cases, a broken bone or fracture is the result of negligence. When it happens because somebody other than the accident victim was careless or acted wrongfully, the victim may be able to recover compensation. At Feizy Law Office, our injury lawyers assist people in the Dallas region who have suffered broken bones and fractures with pursuing the damages they deserve.Determining Liability for Broken Bones and Fractures
While broken bones involve a break in the bone, fractures involve cracks in the bone. In some cases, fractures are compound, which means that surrounding tissue and skin are also damaged. There is a high risk of infection related to compound fractures. Since broken bones and fractures can be seen through the use of an X-ray, they are less contestable than soft tissue or disc injuries or other health conditions.
When trying to recover compensation from the party that you believe caused your broken bones or fractures, you probably would need to prove negligence. There are four elements of negligence: duty, breach of duty, causation, and damages. Each of them must be shown by a preponderance of the evidence. There may be additional elements you need to prove, depending on the factual circumstances of the accident.
Suppose, for example, you fall over a broken concrete bumper in a badly lit parking lot owned by the restaurant where you just finished having dinner and suffer multiple leg fractures. You might have grounds for a premises liability lawsuit. In that case, as an invitee of the restaurant, you would need to prove that it knew or should have known about the dangerous condition of the broken bumper and the bad lighting.
Texas follows the doctrine of modified comparative negligence. This means that the defendant can argue that the victim was negligent as well, and the jury can assign each party a percentage of fault. The victim’s damages would be reduced by an amount equal to his or her percentage of fault, as long as he or she is 50% or less at fault for the accident. However, if the jury finds the victim to be 51% or more at fault, he or she may be barred from recovering any damages.
You can potentially recover compensation if you successfully prove negligence or other misconduct. Compensatory damages can be both economic and noneconomic. Economic damages for broken bones or fractures may include medical bills, out-of-pocket costs, lost wages for any time you need to take off work, and household services. In some circumstances, such as compound fractures that fail to heal properly in someone who does manual labor, it may be necessary to seek vocational rehabilitation. Noneconomic damages usually consist of intangible losses that the jury believes flow from broken bones or fractures, such as pain and suffering.Explore Your Options with an Injury Lawyer in Dallas
If you suffer broken bones or fractures in a car accident or another preventable event, you should consult the Dallas attorneys at Feizy Law Office. While cases involving broken bones can be more straightforward than cases involving more subtle types of injuries, most insurance adjustors will still look for a way in which the accident was your fault. They may offer you less than what you are owed or nothing at all. Call Feizy Law Office at (214) 651-8686 or contact us through our online form to set up a free consultation. We also represent clients in Fort Worth, Plano, Garland, Irving, and Arlington, among other Texas cities.