Fractured bones may result from a fall or accident; depending on the circumstances of the accident, the situation may allow for a lawsuit to recover any damages incurred. Some common car accident fractures include vertebrae and tibia fractures.
When someone sustains a bone fracture, they may be entitled to damages from the individual or entity that caused the injury. For example, if the injury was sustained during a car accident, the injured may sue the negligent driver and their insurance. On the other hand, if the plaintiff was injured at work, they may sue their employer if the employer was at fault for the injury. Therefore, when suing someone for fractures, there are two categories of damages. Those are economic or non-economic damages.
Iowa Fractured Bones Attorney
If you have suffered fractured bones as a result of an accident in Iowa, contact McCarthy & Hamrock, P.C.. Our personal injury attorneys can advocate on your behalf to ensure the negligent party is held responsible. We understand the pain and suffering you’ve experienced as the result of your fractured bones and are here to help.
Schedule your first consultation with McCarthy & Hamrock, P.C. by calling (515) 279-9700 today. McCarthy & Hamrock, P.C. has an office in West Des Moines and accepts clients through all parts of Polk County and Dallas County including Des Moines, Polk City, Winsor Heights, Dexter, Adel and Minburn.
- Vertebrae Fractures
- Tibia Fractures
- Complications Of A Fracture
- Close Fractures
- Open Fractures
- Damages In A Fractured Bone Injury Case
- Statute Of Limitations Concerning A Fractured Bone Injury Case
- Additional Resources
Some examples of vertebrae fractures include:
- Compression Fracture: this results when a spinal column is forced down and forward, this generally occurs when someone is rear-ended.
- Burst Fracture results when a vertebra is shattered and has a chance of penetrating the spinal cord.
- Fraction Dislocation: this occurs when the vertebrae are dislocated and fractured.
The tibia is the shinbone and is the most common type of long-fractured bone to occur. There are a variety of ways that an individual may sustain a tibia fracture, including:
- Slip and fall;
- Tripping over an object;
- Running into a misplaced piece of equipment at work; or
- Car accident.
Generally, a tibia fracture will result in an average of 30 days off work or light duty orders for work, which may affect the amount of pay that the individual receives from their employer.
Complications Of A Fracture
The injury itself may be excruciating and result in time off work and medical expenses; however, it can get worse than the initial injury because, in some circumstances, there can be complications during recovery. For example, if the bone does not heal properly, an infection occurs, and there is damage to the nerves or veins or blood clots.
Closed fractures are fractures that do not penetrate the skin, meaning that it just needs to be set, and no stitches are usually required unless surgery is necessary.
Open fractures penetrate the skin, meaning the bone exits through the skin, which is usually a more severe injury than closed fractures. In addition, open fractures may prevent or make healing more difficult and sometimes require surgical procedures.
Damages In A Fractured Bone Injury Case
Economic damages include medical expenses, lost wages, and any property damage. Damages may include past or future medical expenses and/or past or future lost wages. Past medical expenses and wages are relatively easy to calculate because there will be real dollar figures either through an invoice from the hospital or by knowing how many work hours were missed. Future medical expenses and wages are more challenging to calculate because one must look into the future and determine what medical treatments and medication will be needed and how much work may be missed.
Non-economic damages include more subjective damages, including pain and suffering; these damages are less likely to be available in a fracture case because the individual will recover. However, it is still possible that someone could suffer mental distress due to an accident. Again, these are more subjective damages because people will react differently to every situation, so while one person has no mental reaction and is fine with the accident, another person may suffer mentally and struggle to move on from the accident.
Statute Of Limitations Concerning A Fractured Bone Injury Case
The statute of limitations for personal injury lawsuits is two years. This means that within two years of the injury, the plaintiff must generally bring a lawsuit, or they will be unable to do so later. However, in some situations, the statute of limitations will be extended (also known as tolled) because the injured party did not know who caused the injury, and they could not reasonably know the cause until later. Therefore, if it were not reasonable for the injured party to figure out who was at fault for six months after the incident, the statute of limitations would technically be two and a half years.
Department of Administrative Services: This website provides more information concerning workers’ compensation benefits and laws.
United Spinal Association: The United Spinal Association’s mission is to improve the quality of life for everyone who lives with or sustains a spinal cord injury. Its website provides more information for individuals suffering from a spinal cord injury.
West Des Moines Fractured Bones Attorney | Polk County, Iowa
If you’ve been the victim of an accident that resulted in bone fractures, our West Des Moines personal injury attorneys at McCarthy & Hamrock, P.C. are ready to help. We can carefully evaluate your case and fight for you to receive maximum compensation.
Call McCarthy & Hamrock, P.C. at (515) 279-9700 to arrange your free consultation today. McCarthy & Hamrock, P.C. has offices in West Des Moines but accepts clients throughout the greater Polk County and Dallas County area.