Broken Bone Injuries Are Severe and Cause Many Issues
Often an incident that causes an injury will involve a force on the body that is so great that it can fracture or break the victim’s bones. This will often be a very traumatic event for the victim, especially when they have never gone through the experience of breaking a bone with the added difficulty of recovering while juggling the demands of daily life. Depending on the bone that is broken, the victim’s daily life may be completely transformed by that event, and the damages sought by their attorney should reflect the complications arising from the incident in addition to the breaking of that bone in and of itself.
Kinds of Broken Bone Cases
Considering how severe the force may be in some broken bone cases, the various kinds of broken bone injury cases are vast and each poses a different evidentiary threshold. While the specific broken bone may vary, so too may the severity of the injury itself.
There are instances in which a bone may be broken that may heal without the need of medical intervention. On the other hand, some broken bone injuries require much more significant intervention such as the use of plates and screws to hold the bone in proper positioning.
What Makes A Broken Bone Case Different?
Without question, when a plaintiff is bringing a personal injury claim seeking damages for a broken bone, that claim carries some form of “elevated” damage. This is understandable given how devastating it can be to someone’s life when they break a bone. In a broken bone injury case, there also may be a more extensive and complex evidentiary threshold that must be met in order to prove the case. Often it will not be sufficient to simply rely on an X-Ray obtained in a plaintiff’s medical records. Instead, testimony from a treating physician or doctor may be required to sufficiently convey the broken bone to a jury.
Though it is not just the evidence required to prove these cases that sets them apart. In addition, cases involving broken bones will commonly be referred to as “objective injury” case.
In personal injury cases, much of the dispute arising between plaintiff and defendants arises from the injury that compensation is being sought for. Often the defendant or tortfeasor will dispute the plaintiff’s claim for damages and seek to minimize the severity of their injury. This is especially prevalent in cases that would be referred to as “soft tissue” damage cases.
When an injured plaintiff has suffered a broken bone, this is often referred to as an “objective injury” and something different from a soft tissue injury. With a soft tissue injury, much of the pain and suffering is subjective and subject to rigorous dispute as to whether or not the plaintiff is in fact experiencing pain.
However when a plaintiff has suffered a broken bone, this is considered an “objective injury” and arguably there can be no real question as to whether the plaintiff experienced pain as a result of the injury.
Pre-Existing Bone Issues
Sometimes a victim sustains a broken bone in an incident that has previously had issues with that same bone. There are many health ailments that can cause issue with bone structure and health. Often a defendant or their insurance carrier will try and defend against providing compensation for a broken bone when there was a pre-existing issue with the bone.
This is something that an attorney must be prepared to deal with in advocating for their client’s compensation. A common concept in American tort law is that a Plaintiff is to be found “as is” at the time of the negligent conduct that causes harm. This is something that the attorney for an injured plaintiff must include in their approach to the case.
Call an Experienced Broken Bone Injury Attorney Today
After you have sustained a broken bone injury, it is important that you be proactive about your approach to the legal case that may follow. The legal team at Fletcher Law has the experience and skill needed to handle broken bone injury cases. Call us today at 816-631-2868 so that we can begin evaluating your case and provide our input on how to proceed.