Cowen Edwards represents any injury victim in Fort Lauderdale. There’s not just a wide variety of accidents that can happen to you, but also a wide range of potential injuries–many of which can be traumatic. This most often includes broken bones. While your legal options don’t change based on your injury, the case you put together just might. If you or a loved one have suffered a broken arm or similar type injury in Fort Lauderdale, contact us today for a free consultation.
Do You Need a Lawyer?
No matter what type of injury you have, you’re not required to have a lawyer represent you in a claim. For most minor injuries or accidents, taking legal action probably isn’t necessary. That said, if you’re dealing with a broken arm, it’s probable that you could use a good deal of help.
Thus, having a skilled team like ours can be very helpful. If you decide you want to explore your legal options, here’s what we can do:
- Investigate the accident and gather important documents and evidence, including photos and witness contact details, as well as relevant medical records.
- Help you submit a claim to the responsible party’s insurance company and review any settlement offers, negotiating for more if needed.
- Handle the legal parts of your case so you can focus on your recovery and moving forward.
Most of all, our Fort Lauderdale lawyers want to make the process easier for you and your family. We try to take the guesswork out of the claims process, allowing you to focus on your health and physical recovery.
What Does a Broken Arm Mean?
A “broken arm” is a bit of a catch-all term. There’s actually a few different types of breaks and other injuries that can happen when there’s an accident that injures your arm. Broken arms can occur in virtually any type of accident, making them a common and significant injury to be aware of. According to the Cleveland Clinic, there are several types of broken arms:
- Humerus fractures – Breaks in the upper arm bone, near the shoulder or elbow.
- Radius/Ulna fractures – Breaks involving one or both forearm bones at various locations.
- Transverse fractures – A break across the bone shaft.
- Spiral fracture – The bone breaks in a twisting motion, resembling a corkscrew.
- Avulsion fracture – A small piece of bone breaks away due to sudden, forceful muscle movement.
- Buckle (Torus) fracture – The bone bends and buckles but doesn’t completely break.
Anytime there’s an arm break, it means potential chronic pain and a road to recovery that’s going to involve changes to how you live your daily life. Getting immediate medical care is extremely important to your healing. But just as important is being able to file an injury claim. And the first step in that process is figuring out who’s responsible.
Who Do You File a Claim Against When You Have a Broken Arm?
The first step in the claims process is figuring out who’s responsible for the accident. In legal language, this is known as “liability.” Liability is a hugely important aspect of your case, because it effectively sets the course of how it plays out. It tells you who you’ll be filing against and who’s legally responsible for paying for your “damages.”
Before we get into damages, it’s important to look at how liability is established. Usually, it depends on the type of accident, but generally means showing “negligence.” Negligence, in the context of an accident, involves four parts:
- Duty of care – The responsible party had a duty to act safely.
- Breach of duty – They failed to fulfill this duty by acting negligently.
- Causation – Their negligence caused the accident, resulting in your broken arm and other injuries.
- Damages – You must prove that the accident directly caused your injuries or other damages.
Again, this covers a wide range of potential actions, like:
- Failing to clean up spills or wet floors.
- Leaving obstacles or debris in walkways.
- Not providing proper safety equipment.
- Inadequate training on machinery or tools.
- Failing to maintain equipment.
- Texting while driving.
- Driving under the influence of alcohol or drugs.
- Incorrectly performing medical procedures or surgeries.
- Using faulty medical devices.
- Manufacturing defective products.
- Failing to supervise children adequately.
- Using unsafe playground equipment.
- Failing to repair broken handrails or stairs.
- Ignoring structural issues on a property.
Negligence can place liability on various parties, from drivers to product manufacturers. Sometimes, multiple parties share liability, which can complicate the claims process but also potentially increases the amount of damages you can recover.
Filing a Claim After an Accident With a Broken Arm
Your main legal protection after an accident that leaves you with a broken arm is the ability to file an injury claim. This enters you into the claims process and allows you the legal mechanism where you can recover “damages” from whoever is responsible for causing the accident.
Once you decide you want to file a claim, you have two main options:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
Both options allow you to recover damages related to your broken arm, such as:
- Medical expenses – These cover medical bills, hospital visits, surgeries, medication, and future treatments.
- Lost income – These cover wages or earnings lost due to your injury and any future income you may miss out on.
- Pain and suffering – These cover the physical and mental pain caused by the accident. You can get separate damages for the emotional distress.
- Loss of quality of life – This category of damages covers changes to your life, such as being unable to enjoy activities as before, including loss of companionship.
There’s many different things that can result from a broken arm, all of which can have both short and long term impacts on your life. This is what makes the legal process–and your damages–so important. It’s going to give you the financial support to restore some normalcy. That said, you need to put together the strongest case you can.
What Should You Do If You Suffer a Broken Arm in an Accident?
When you look at what needs to be done after an accident where you break your arm, it’s obviously much easier said than done. Anytime there’s a traumatic injury, the aftermath of the accident is extremely scary and painful. In some cases, you might not be able to take these steps because you’re dealing with your broken bone or fracture. But that doesn’t mean you can just drop taking the steps you need to protect your claim. These steps involve:
- Get medical help right away – If you think your arm is broken, call an ambulance right away to stabilize the injury and get you to an emergency room.
- Report the accident – Report the incident to the appropriate authority, such as the police, your supervisor, or the business where it occurred, to create an official record. This should also prompt them to fix any issues.
- Gather evidence and information – Take photos or videos of the scene, any hazards, and your injuries if possible. Also get names and contact details of any witnesses.
- Preserve any evidence – Keep your clothing and shoes, and don’t repair or replace any damaged items like your phone or glasses.
- Keep track of your losses – Document your recovery with photos and notes on your pain, and save all medical records and bills.
Again, these steps can be quite challenging when there’s a broken arm in play. But they’re still extremely important to establishing the foundation of your claim. And remember, our experienced Fort Lauderdale lawyers will be there to support you.
Contact Cowen Edwards After a Broken Arm Accident in Fort Lauderdale
You never want to be in a situation where you break your arm. But this is made even more frustrating when it happens due to carelessness or negligence on the part of someone else. Although it’s frustrating, it does give you legal options.
At Cowen Edwards, our experienced Fort Lauderdale personal injury lawyers can help you. We’ll explain your options then guide you through the recovery process. Contact us today to set up your free consultation after suffering a broken arm in an accident.
