San Antonio Fracture Injury Lawyer
Bone fractures are a common injury. They can range from a small crack to bone separation. People suffer fractures when playing sports, falling down stairs, or tripping over a dog. When fractures happen because of someone’s negligence, you should contact a San Antonio fracture injury lawyer to seek compensation.
An experienced catastrophic injury attorney can help ensure you receive the compensation you deserve for your recovery and any long-term impacts.
What Is Negligence?
Negligence refers to the actions or lack of actions of an individual or entity, resulting in harm to others. Legal negligence requires that the injured person establish the following four elements.
Duty of Care
The negligent party had a responsibility to care about the safety of others. The duty of care applies to drivers who must obey traffic laws and act to avoid endangering others. Property owners and employers also have an obligation to maintain safe environments for visitors and employees.
A Breach of Duty of Care
When a driver runs a red light and collides with another car, the driver fails to uphold a duty of care by continuing through the red light. Similarly, a landlord fails to repair a leaky faucet, allowing water to accumulate on the floor where a tenant slips and falls.
Causation
The third element for proving negligence is demonstrating that the breach of duty of care caused the accident, resulting in an injury. Establishing the cause-effect relationship requires evidence from witness statements, police reports, and video or photographic evidence—a scenario where a San Antonio fracture injury attorney could provide valuable guidance.
Damages or Injuries
An injured person must provide documented proof of an injury caused by the breach of duty. This documentation may include medical reports, diagnosis, rehabilitation or physical therapy, and hospital stays.
How to Prove Negligence in a Fracture Injury Suit
Proving negligence begins with the police report. It is the official accident record and includes any issued citations. Other evidence may include:
- Medical records
- Witness statements
- Traffic or dash cams
- Photographs and videos
An experienced broken bone injury attorney in San Antonio could help gather and review evidence to devise a strategy for seeking compensation for injuries.
What Compensation Is Available?
Personal injury victims may receive economic and noneconomic damages.
Economic
Anyone suffering a fracture because of someone’s negligence can receive compensation for medical expenses such as doctor visits, emergency room services, and physical therapy. They may also recover lost wages if they cannot work because of the injury. The court or insurer may also consider current and future earnings and expenses.
Noneconomic
Noneconomic compensation encompasses the emotional and psychological harm an individual suffered because of the injuries. Pain may include physical as well as emotional and mental distress. If the injuries negatively impact the victim’s quality of life, they can seek compensation. While monetary rewards cannot make up for noneconomic losses, the compensation can provide financial resources to aid recovery.
Caps and Comparative Fault
Texas caps the amount of compensation available for personal injury or death at a maximum of $500,000. The state also follows a modified comparative fault rule, which allows the court to assign a percentage of responsibility to all those involved. If the injured party is partially responsible, the court reduces their settlement amount by the percentage of responsibility. If the court finds the injured person to be more than 50% at fault, they may not receive compensation.
Contact a San Antonio Fracture Injury Attorney For Help With Your Claim
Bone fractures can be debilitating injuries that can impact your mobility during recovery and possibly for life. If you have been injured because of someone’s negligence, contact a San Antonio fracture injury lawyer from the Felix Gonzalez Law Firm. Let us fight for the compensation you deserve so you can focus on your recovery and rebuilding your life.
