Broken Bones and Fractures
Broken bones and fractures are among the more common injuries sustained by people who have been hurt by others’ negligent or reckless behavior. These types of harm can result from car crashes, motorcycle wrecks, slip and falls, or encounters with defective products, among other events. Accident victims can speak to an experienced Pembroke Pines injury lawyer at Cohn & Smith if someone else’s careless conduct has caused them to suffer a fracture or a broken bone. We are here to help you seek compensation from the person or entity whose actions hurt you.Proving Liability for Broken Bones or Fractures through a Negligence Claim
When one party fails to act in a reasonably prudent manner, and someone else is injured as a result, the victim generally has a legal right to seek damages. Some common examples include medical expenses, lost wages, the costs of future treatment, and pain and suffering.
To prove a negligence claim, the plaintiff must show four elements: duty, breach of duty, causation, and damages. In most situations, the duty of care can be defined as what a reasonable person would have done in the same situation as the defendant, although the standard may vary in some circumstances involving professionals. The causation element requires that the accident have directly resulted from the defendant’s carelessness, such that it would not have happened otherwise. The injured person bears the burden of proving each of the four elements by a preponderance of the evidence. In some instances, medical and vocational experts may testify about how the accident happened and the ongoing impact that the injuries may have on the victim’s life.
In some personal injury cases, there is a possibility that the doctrine of pure comparative fault may limit the damages that the victim may receive. However, compensation still may be available in a reduced amount that is proportionate to the defendant’s degree of fault.
The general statute of limitations for personal injury cases is four years in Florida, although exceptions may apply in some narrow circumstances. In cases of wrongful death that arise from a tragically fatal accident, the time limit is two years. In some situations, such as when a government entity is involved, notice may need to be given within a shorter time period in order to preserve the right to file suit. In is important to consult an attorney about the applicable limitations period if you are considering pursuing legal action after an accident.Consult a Pembroke Pines Lawyer to Seek Compensation for Your Injuries
If you or a loved one has suffered a broken bone or fracture because of a car accident or another preventable event in the Pembroke Pines area, you should speak to an attorney about your legal right to seek compensation from whoever may have been responsible for your injuries. To schedule an appointment with one of the knowledgeable and tenacious lawyers at Cohn & Smith, call us at 954-431-8100 or contact us online. We offer a free consultation, and most cases are accepted on a contingency fee basis. This means that our attorneys get paid when your case is settled or when a judgment is recovered on your behalf. We proudly serve cities throughout South Florida, including Hollywood, Pompano Beach, Aventura, and Sunrise.