Being involved in a car accident can be scary, traumatic, and painful if you sustain injuries like a fractured or broken bone. In the aftermath of a crash, you may wonder about your legal options regarding lawsuits and compensation. The good news is, you can sue the negligent party after sustaining a broken bone in a car accident. It is important to understand your rights and options during this time. To learn more and secure skilled representation, reach out to an experienced San Mateo County, California motor vehicle accident lawyer today.
Can I Sue for a Broken Bone After a Car Accident in CA?
Yes, you can sue for a broken bone after a car accident in California. California is an at-fault or tort state, meaning that the person who is legally responsible for an accident is liable for the resulting damages and injuries.
Under this fault-based system, if another party caused your car accident, you can sue them for compensation for a broken bone, other injuries, property damage, and more.
What Types of Compensation Can I Be Awarded?
During a personal injury claim or lawsuit after a car accident, you can be awarded a variety of types of compensation. Whether economic or non-economic, any losses that you suffer can be compensated, including the following.
- Medical expenses like ambulance rides, emergency room visits, surgeries, medication, physical therapy, and more
- Lost wages from time taken off work to recover
- Diminished earning capacity from disabilities and injuries
- Property damage
- Emotional distress, like the development of PTSD, depression, anxiety, etc.
You can recover compensation for the above damages and more through a personal injury case.
How Can I Win My Lawsuit?
Before you can recover compensation for your broken bone and other damages, you must first be able to prove that the other party is liable. This is often done by demonstrating their negligence. There are four elements of negligence that must be addressed after a car accident, as stated below.
- Duty of care: The defendant owed you a duty of care to operate their vehicle safely and abide by the rules of the road
- Breach of duty: The defendant breached the duty of care, such as running the red light and failing to follow road rules
- Causation: The breach of duty directly caused the car accident and the broken bone
- Damages: You sustained damages as a result of the accident and injury, like financial and other losses
You and your legal team will use a variety of evidence to support this claim, including photos, video surveillance, dashcam footage, medical records, police reports, eyewitness statements, expert testimony, and more.
To learn more about your legal rights and to secure skilled representation, contact an experienced personal injury attorney today.