Broken bones are some of the most common injuries that can happen in an accident. Unlike some other types of harm, such as soft tissue or brain damage, the existence of broken bones can be easier to prove to an insurance adjuster or at trial because an x-ray image of a broken bone is hard to misinterpret. The impact of broken bones on an individual's life, however, can vary dramatically. At the Dean Law Firm, our experienced accident attorneys are committed to securing the appropriate compensation for injured individuals near Ocala, taking into account their specific circumstances.File a Negligence Claim Based on Broken Bones
Broken bones can arise in a variety of situations, including car accidents, motorcycle crashes, dangerous property conditions, and falls at construction sites. The situation will dictate the appropriate theory of liability. For example, a pedestrian who suffers broken bones after being hit by a car that ran a stop sign likely will have to prove negligence, which consists of showing the defendant’s duty of care, a breach of duty, causation, and damages.
If the victim proves the elements of his or her claim, he or she can recover damages for the broken bones. The economic losses are likely to be straightforward: medical bills, lost wages, out-of-pocket costs, and household help in some cases. These are tangible damages that an insurance adjuster or jury and a plaintiff's attorney usually can agree upon. However, there may be disputes about noneconomic damages, such as pain and suffering and loss of enjoyment of life.
The effect of broken bones on your life depends largely on how active you are. If you are a very active person who plays sports, runs marathons, or works in construction, broken bones can have an enormous toll on your enjoyment of life. Similarly, if you are the primary caretaker of four children and you also row as a hobby, you may be significantly affected by broken bones or the aftereffects of broken bones. On the other hand, if you lead a relatively sedentary lifestyle involving working from a desk at home, your life may not be changed as much.
What if you have a pre-existing injury or condition? It is common for insurance adjusters to try to suggest that you are trying to fleece the company by having it pay for injuries caused by an earlier condition. However, in Florida, the jury is required to try to decide what portion of the injury was the result of the aggravation of an existing physical injury or condition. If that determination can be made, the victim only gets the damages resulting from the aggravation. However, if the jury cannot decide which portion of the injury to attribute to the accident at issue and which portion is pre-existing, it is required to award damages for the entire condition.
Often, an injured individual may be particularly vulnerable to a type of harm, but the defendant is required to take the plaintiff as he or she is found. For example, if you have a non-symptomatic degenerative disc disease that is activated by a fall caused by somebody else, you probably can seek damages for the whole injury.Consult an Ocala Attorney Skilled in Injury Claims
Broken bones can be serious or minor. At the Dean Law Firm, our injury lawyers seek compensation for clients in Ocala and the surrounding communities that fully addresses the harm that they suffered, including noneconomic losses. Call us at 352-387-8700 or contact us via our online form. We represent injured individuals in Crystal River, The Villages, and throughout Marion, Sumter, Lake, Citrus, and Levy Counties.