Breaking a bone is not only a painful but a costly affair, as well. A trip in the ambulance, consulting with a doctor, and medical care to fix and set the break all cost money. Fortunately, Medicare and Medicaid can assist in the financial contributions to treatment, but what if there’s an unexpected shortfall in your insurance claim?
If you were at work on a construction site and broke your leg, how would you pay your bills for the next six months while you recover from the injury? As an employee injured on the job, you have a right to receive worker’s compensation from your employer for losses incurred as a result of your injury.
If you broke a bone due to someone else’s negligence, you will want assistance from a Miami personal injury law office to help you recover any medical or economic expenses related to your claim. Trying to navigate the legal system when you are incapacitated is very difficult, and this nightmare scenario happens to thousands of Americans every year. However, with the right support from your family, as well as expert legal advice and representation, you’ll receive the settlement you deserve.
Classifying a Broken Bone
Here is a brief guide to bone fractures and breaks. If you’ve experienced any of these injuries as a result of someone else’s negligence, get in touch with one of our attorneys.
- Simple fracture: Typically a clean break
- Impacted fracture: Broken ends of bone are jammed together
- Displaced fracture: Multiple fractures or breaks in a single bone
- Compound fracture: Full break and penetrates the skin
- Closed fracture: Bone snaps, but doesn’t penetrate the skin
- Open fracture: Bone snaps and penetrates the skin
- Non-displaced fracture: Bone breaks but stays in alignment
- Greenstick fracture: Bone bends under impact but doesn’t break completely
- Linear fracture: Parallel crack through the bone
- Oblique fracture: A break is on an angel through the bone
- Transverse fracture: Right angle fracture across the bone
The Health Risks of Breaking a Bone
No one should ever brush off breaking a bone as a trivial event. As a human being, your body is a delicate, intricate web of nerves and tissue, held together by your skeletal system. Structural damage to the skeleton can have life-long consequences. Some breaks are worse than others, and depending on the severity of your injuries, it could affect your health and mobility for the rest of your life. For example, breaking a bone could damage the joint, resulting in the need for surgical replacement.
This event is a traumatic ordeal for any young, fit person to go through. However, could you imagine if it happened to someone in their 70s? Such an injury could prove fatal, as many seniors experience complications with their ability to process anesthesia for surgical procedures.
Furthermore, breaks could have a significant impact on the development of chronic skeletal disease later in life. A broken bone or crushed joint may induce further conditions, such as osteoporosis or rheumatoid arthritis. Moreover, breaking a bone in a critical area, including the spine or hips, may result in partial or complete paralysis. This unfortunate situation demands justice for the victim and support for the rest of their life. Someone needs to be held accountable and responsible for an injury resulting from for his or her mistakes. Hiring an injury lawyer will get you and your family the compensation you deserve.
The Types of Compensation Claims for Broken Bones
The circumstances surrounding your injury determine the type of claim. A variety of accidents could result in a broken bone, and below are five most common types of claims arising from a broken bone injury.
The Claim Process
Every case is unique in nature and requires independent investigation, preparation, procedure, and negotiation. In some cases, settlement can take years, but in many cases, a settlement can be resolved in a few months. With the right broken bone injury attorney in Miami, you can speed up the process and get through negotiations to settlement quickly. Here’s a brief timeframe of what you can expect from injury to settlement.
Mapping Out Your Claim
The first step in the claims process is an assessment and completion of a medical report by a health care provider. This document serves as proof of your injuries. In some cases, it may be necessary to retrieve multiple medical reports from different doctors, physiotherapists, and occupational therapists. Depending on the severity of your injuries and the circumstances surrounding your recovery, it may be prudent to wait until you heal entirely before filing a claim. The additional cost of health care over the course of your recovery may add thousands of dollars to your settlement.
If you choose to settle early with an insurance company, you might lose out on a claim for future reimbursements of medical expenses related to your recovery. If you don’t have the time to wait until recovery is complete, you’ll need to get a comprehensive prognosis from your health care provider of the expected total treatment costs. This report provides evidence of the extent of your injuries and how they will affect your health in the future. Your attorney will compare the doctor’s prognosis with injury guidelines for direction on the value of your claim.
The Complexity of the Claim
The more complex the circumstances surrounding your injuries, the more challenging it will be to calculate your claim. Sourcing an expert medical witness takes time and may require cross-examination by the insurance company’s own specialists.
In an ideal world, the guilty party responsible for your injury would admit liability on the scene. However, this isn’t a perfect world, and the majority of cases involving physical injury require investigation and legal representation to settle. In this circumstance, you want assistance from a Miami broken bone injury attorney to help with proving liability. Your attorney will investigate the matter and collect evidence, such as eye-witness testimony and CCTV footage, to recover evidence from the accident scene.
Your attorney may need to hire a private investigator to look into the circumstances surrounding the events of your claim. Physical evidence and eye-witness testimony increase the timeframe between filing and settling your claim but typically result in a larger settlement later on.
Negotiating Your Personal Injury Settlement
Possibly the most vital step in the process of handling you claim is having your attorney handle the negotiations to ensure a fair settlement figure. A personal injury attorney in Miami deals with dozens of personal injury cases related to broken bones every year, so they understand the process, including how to execute a claim.
If you enter negotiations without legal representation, you’re likely to end up being pushed around by the insurance company’s lawyers. Demands for further medical witnesses and stalls in the process will keep you waiting for years; you’ll eventually run out of money and interest to pursue the claim.
Attorneys have industry connections and an influential network. Submitting and following up on claims is how they spend their working hours, so they are experienced in the process. An injury attorney may be entitled to a portion of your settlement, but they’ll likely earn you a higher figure in your settlement than if you represented yourself. They’re knowledgeable in handling the negotiation phase, so hire a professional—don’t attempt to manage the negotiations yourself.
What to Do While You Wait for Settlement
While your attorney handles the paperwork and the negotiations surrounding your claim, the best thing you can do is focus on restoring your health. Make sure you follow the advice of your physician and medical professionals. Take your rehabilitation seriously and do everything you can to optimize your recovery. Make sure that you follow your physiotherapy plan, as failing to rehabilitate a broken bone properly could result in skeletal misalignment during the healing process.
Adjust your diet to include foods rich in calcium. This nutrient assists with healing bones and increasing bone density, preventing future breaks. Manage your stress levels and don’t expect a daily update from your attorney either. This negotiation process takes time, so relax and let your attorney handle the situation. Focus on your recovery and let your attorney worry about your case.
Understanding the Statute of Limitations for Personal Injury Cases
The time frame to submit your claim starts from the moment of the accident. This date of commencement provides you with the timeline for filing your case. The statute of limitations refers to the period you have to submit your compensation claim. Florida has various statutes of limitations for the different possible injuries covered under personal injury. For the majority of cases, Florida allows a four-year period to file your claim.
Consult with a broken bone injury lawyer in Miami to discuss the particulars of your case and submit your claim before the period expires. If you’ve missed the statutory deadline for submitting your case, there may still be hope. Specific exceptions exist under state law, so check to see if you meet any of the requirements.
General Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations. An exception acts as a waiver on the statutory timeframe. A few of the exceptions include:
- Diagnosed as mentally incompetent
- A minor
Your injury attorney will be able to assist you with a claim if you qualify for an exception. Even if the statutory period has lapsed, your attorney may still be able to help you with filing a claim and negotiating a settlement.
Exemption Via the “The Discovery Rule”
In some accidents, the victim may not realize they are injured or may be unaware of liability. In this case, your attorney can argue for an exception to the statute of limitations. If the party liable for the broken bone leaves the state, the statutory period stops until they return. So, if the defendant departs from the state of Florida for a four-year period and returns to Miami afterward, the statutory period will only apply from the day of their return.
Selecting the Best Injury Attorney for Your Broken Bone
Finding the right Miami broken bone injury lawyer can mean the difference between thousands of dollars in your settlement figure. Our injury attorney will lead you through every step of the claims process, from submission to settlement.
It’s possible to pursue a case by yourself, but you add unnecessary time and expenses to your claim that may be difficult to recover from the defendant. Make sure that you work with a qualified, reputable personal injury practice that has a solid record of providing clients with fast and fair settlements. Any attorney can assist you with handling your claim, but only a few will be able to deliver a favorable payout. Choosing a low-budget injury attorney could cost you dearly in the future, considering that this broken bone injury could have an effect on your physiology for the rest of your life.
Once the insurance company pays your settlement, that’s it for any future claims. The payout is final, and there’s no possibility of asking for more money in the future. Don’t make your decision to hire an injury lawyer under duress. If an attorney approaches you on the hospital premises, be wary of their intentions. Many new personal injury lawyers use this opportunity to trick you into letting them handle your claim. Wait until the trauma from the event subsides and then make your decision based on sound research.