Bones are the frame that gives our body structural support. Despite their strength, bones will fracture and break if enough force is applied to them, which can cause extreme pain and potentially debilitating injury. Many people associate a fracture with a partial break, but this is not true. In medical terms, fracture and break are used interchangeably. However, medical professionals will often use the colloquial terms for fracture and break when speaking with patients.
The consequences of a fracture or broken bone vary drastically depending on the injury. Minor fractures can take months to heal but cause little discomfort. A broken arm can take months to heal and completely alter your day-to-day activity. A broken vertebra in your neck or back can leave you permanently disabled. Because fractures and broken bones can result from many causes, such as falling, car accidents, or battery, an experienced personal injury attorney is essential to properly recover for damages resulting from your injury.
At Sherman Law Firm, we have successfully represented hundreds of local Houston residents in complex personal injury cases. In the process, we have earned the reputation as devoted counselors and zealous advocates. Our mission is to hold accountable those whose negligence causes harm to others. If you or someone you know has suffered a fracture or broken bone in the greater Houston area, please contact our office today for a free consultation.
Do I have a claim?
Unfortunately, the answer is “it depends.” While you need to speak to an experienced attorney regarding your specific case, this section will lay out the basic requirements to have a claim relating to a fracture or broken bone. However, it’s important to remember that only an experienced personal injury attorney will be able to tell you whether you have a case. Even if you do not believe that you have a case, please contact our office so that we can evaluate the facts of your injury based on our experience.
Claims relating to fractures and broken bones rely on claims for negligence. Negligence is the tort principle underlying all of personal injury. A claim under the theory of negligence relies on establishing four elements:
- The person owed you a duty of care
- The person breached that duty of care
- The person’s breach of his or her duty of care resulted in your injury
- Your injury resulted in actual damages
To establish that someone owed you a duty of care, you must prove that there was some sort of special relationship binding the two of you. For example, drivers have a duty of reasonable care to other drivers on the road.
To establish that someone breached their duty of care, you must prove that they acted in a manner that was below the standard reasonably expected of them. For a driver, texting and driving is a breach of their duty of care to others because it is illegal under Texas law. Thus, drivers owe a duty of care to other drivers and breach that duty by texting and driving.
To establish that a person’s breach of his or her duty of care resulted in your injury, you have to prove actual and proximate causation. If you are driving and are struck by another driver who is texting and driving, which results in you breaking your wrist in the impact, then you’ve likely established proximate cause for your injury.
Finally, to bring a claim, you must plead a remedy. Thus, you are required to establish actual damages. Even if someone hit you with a car while texting and driving, you must establish actual damages or you will not be able to bring a claim.
What damages may I claim?
The damages that you can claim for a fracture or broken bone injury are extensive and far reaching. The following summary provides damages recognized under the law:
- Lost wages. If you have missed work as a result of your fracture or broken bone, then you can claim those lost wages as damages.
- Out-of-pocket medical expenses. If you have to pay up front for any medical treatment, such as deductibles, copays, or emergency room visits, then you may be able to claim those out-of-pocket medical expenses as damages.
- Lost earning capacity. If the fracture or broken bone has permanently decreased the amount of money that you can earn, then you may claim that loss of earnings as damages. In a situation where your femur is broken which makes standing difficult and you’re a construction worker, then you’re likely to face reduced earning capacity.
- Pain and suffering. If you suffered pain, emotional anguish, humiliation, or other injuries which are non-financial in nature, then you may be able to claim those injuries as damages.
- Pain and suffering damages are exceptionally complex to quantify and require a skilled personal injury attorney.
- Property damages. While not specific to a fracture or broken bone, if any of your personal property was damaged as a result of the event causing your fracture or broken bone, then you may be able to claim it as damages.
Contact Our Houston Broken Bones Attorney
At Sherman Law Firm, we will work to make sure you receive the compensation you deserve. We diligently review each and every case to determine every possible theory, often finding creative ways to turn what seems like a difficult case into an open-and-shut case. We have the experience to represent you through strenuous negotiations with the opposing party and insurance companies, and we have the skill set necessary to aggressively represent you in the courtroom. If you or someone you know has suffered a fracture or broken bone in the greater Houston area, please contact our office today for a free consultation.