Broken Bones in Car Accidents

Broken Bones in Car Accidents

In many situations, bones break when an accident victim’s body is thrown forward upon impact. Bones more susceptible to fracture or breaking include ribs, neck bones, vertebrae in the spine, and collarbones. Some individuals undergo surgery and wear a cast to facilitate their healing. Pain medication or physical therapy are common treatments during recovery. Unfortunately, there are situations in which medical care cannot help bones heal or properly fuse, and victims may face a lifetime of disability or impairment.

Establishing Legal Fault for a Car Accident After Suffering Broken Bones

When filing personal injury claims for broken bones in car accidents, the first step of your lawyer is to establish fault. Typically, negligence is asserted by the plaintiff victim in situations where the driver failed to show reasonable care while operating their vehicle. Reasonable care is evaluated by looking at the circumstances surrounding the accident. For instance, if the roads were icy or there was heavy traffic, it is reasonable to expect a driver to slow their speed. A speeding driver who loses control of their vehicle may be deemed negligent if they strike another car. As the defendant, they would be responsible for damages because the law holds that a reasonably careful driver would understand their conduct posed risk of harm to others.

Setting forth a strong claim for negligence requires the plaintiff show the following elements: duty, breach, causation, and damages. Duty includes the level of care that the at-fault driver owed the plaintiff. This refers to conduct that avoids causing foreseeable harm, such as slowing speed or obeying traffic signals. A breached duty of care exists when the defendant’s conduct is unreasonable or dangerous, such as aggressive driving. Causation refers to the direct nature of the defendant’s actions; they must be the proximate cause of the accident.

Damages calculate the harm from the accident, both qualitative and quantitative. Medical bills can be covered by the party responsible for causing the accident. Additional medical expenses, including adaptive medical devices and nursing care, can also be secured. At-fault drivers who cause the plaintiff to suffer broken bones in an accident may be responsible for lost wages from missed work during their period of recovery. After enduring the physical and emotional consequences of a vehicle accident, people may face financial stress and their overall quality of life can suffer. Damages in an accident often extend to pain, suffering, and emotional distress.

Modified Comparative Negligence in a Car Accident Lawsuit

In a personal injury lawsuit, establishing fault is essential in order for the plaintiff to secure damages. In Illinois, the judge or jury follows modified comparative negligence. They may apportion fault to each side in the lawsuit. If the plaintiff is found to be partially responsible for causing an accident, then their damages will be reduced accordingly. An example may be a plaintiff driver determined to be speeding at the time of the crash. While the defendant may have run a red light and ultimately caused the accident, if the plaintiff is found 40% at fault due to speeding, they will recover 40% less of their damages award.

Discuss the Details of You Accident with a Lawyer in Wheaton or Schaumburg

At Therman Law Offices, we understand that suffering broken bones in a car accident caused by someone else’s negligence is devastating on many levels, including physically, financially, and emotionally. Our attorneys in Schaumburg and Wheaton assist clients injured in motor vehicle accidents throughout Rosemont, Harwood Heights, Park Ridge, Elmwood Park, Des Plaines as well as Mt. Prospect, Norwood Park, Edison Park, Norridge and Elk Grove Village. We are here to provide a complimentary consultation and can be reached by phone at 773-545-8849 or online.