Maison Law Accident & Injury Lawyers of Fremont’s team of personal injury lawyers helps anyone that’s been hurt in one of the many car accidents across the city. Of the many different types of injuries you can experience, broken bones or fractures are one of the most common–and traumatic. If you or someone you care about have suffered a broken bone in a Fremont car accident, contact us today for a free consultation.
Do You Need a Lawyer?
When you have an injury in a car accident, it can be extremely challenging. This is even more evident when the injury is a broken bone or fracture. But whether or not you need a lawyer depends on your situation. You’re not required to have a lawyer represent you in an injury claim, and minor injuries don’t usually require legal action.
But again, a broken bone or fracture is different. You’ll likely need extensive medical treatment and support. Filing an injury claim can help, and our team is here to help you. We’ll investigate the accident, help you gather important medical records and other evidence, then guide you through the claims process against insurance companies and defense attorneys.
Our main goal is to make the process smoother and less stressful for you and your family. We offer free consultations and work on a contingency-fee basis, meaning there’s no upfront cost for you.
What Do You Need to Do After the Car Accident?
The aftermath of any car accident is stressful and it’s hard to think clearly. Then, the worse your injuries are, the harder everything else is. But you still have to take certain steps to protect yourself and your claim–even if you have broken bones and other injuries. Here’s what you need to do:
- Gauge your injuries and call 911 – If you break a bone in a car accident, assess yourself and others for injuries and call 911. Quick medical help is crucial and will officially document your injuries. If it’s safe, move your car to the side of the road to avoid further accidents and stay safe.
- Exchange information – Swap contact and insurance details with everyone involved in the accident. This means names, phone numbers, addresses, driver’s license numbers, and insurance policy details.
- Document the accident scene – Use your phone to take pictures or videos of the accident, damage to cars, and any visible injuries, including your broken bone. This can be important for your claim.
- Call the police – Call the Fremont Police Department, county sheriff’s department, or California Highway Patrol about the accident and your injuries. Get a copy of the police report for its information.
- Follow up with doctors – After initial treatment, see doctors or specialists for further care of your broken bone and other related injuries.
- Preserve all evidence – Keep all documents and evidence related to the accident, like medical records, repair bills, witness statements, and communication with insurance companies.
- Try to stay calm – Try to stay calm despite the trauma. Following these steps carefully can help your claim.
Insurance companies often try to reduce payouts, so thorough documentation and taking these steps can help protect your claim. It also guarantees that you’re getting help for your injuries, and sets the foundation for your potential case.
What Are Some Common Broken Bones and Other Injuries in a Car Accident?
If you’ve ever been in a car accident or even just witnessed one, it’s not difficult to see why broken bones are such a common outcome. The speed, impact force, and numerous other factors involved in a typical accident often lead to these injuries. At the same time, every car accident is different. So, while broken bones are common, certain car accidents can bring up unique injuries like:
- Broken arms, hands, and fingers
- Broken legs, feet, and toes
- Broken collarbones
- Facial fractures
- Broken backs or spinal injuries
- Skull fractures and other head injuries
- Broken ribs and chest fractures
- Broken necks
- Broken hips
Unfortunately, due to many different factors, avoiding a car accident in Fremont is sometimes impossible. Even a minor accident can result in broken bones and other injuries, so it’s important to understand how the legal process works and how you can figure out who is responsible.
Who’s Liable For Injuries in a Car Accident?
When you’re injured in a car accident, California law gives you certain legal rights. The main right is to file an injury claim for damages. But the starting point of this process is figuring out liability, or the legal responsibility for paying for your injuries and other damages.
The legal standard for figuring this out rests on “negligence.” Negligence is the “duty of care” other drivers have to keep you and others safe. In more common terms, it means doing the right things when behind the wheel, like not speeding, not being distracted, not driving recklessly, etc.
While the legal standard is straightforward, you still have to show negligence. You do this by establishing that the other driver had a duty to drive safely, they failed to do so, and this failure caused the accident and your injuries. Once we prove these points, we can determine who should pay for your damages. This is usually the other driver, but others might also be responsible, including:
- The other drivers involved in the accident.
- The vehicle owners if the driver wasn’t the owner.
- The employers if the driver was working at the time or in a company vehicle.
- The mechanics or repair shops if faulty repairs caused the accident.The manufacturers if a car defect contributed to the accident.
- The government agencies if poor road conditions were a factor.
Obviously, figuring out liability is a huge hurdle for your claim. It not only tells you who you’ll be filing against, but also who has to pay for your damages. And when you have broken bones and other injuries, these damages can be quite high.
What Damages Can You Get in a Car Accident Claim?
After a Fremont car accident that leaves you with broken bones, filing a claim for damages is a key step in your recovery process. You can file an injury claim in one of two ways:
- An insurance claim
- A personal injury lawsuit
An insurance claim is out of court and much less formal. It gives you quicker access to a potential settlement, but the drawback is that it’s totally controlled by the insurance company. They decide how much to give you, and it’s usually not enough to cover all your injuries and damages.
A lawsuit takes more time and effort, but gives you a fairer shot at your damages because it’s an impartial process overseen by a judge and maybe a jury if your case goes to trial. Your damages depend on the circumstances of the accident and how serious your injuries are.
Typically, a successful claim can cover the following damages:
- Medical expenses
- Ongoing care needs
- Lost wages or earning potential
- Repair or replacement costs for your car or any other damaged property
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Remember, every claim is unique and depends on how well you present your case. Our experienced team will be there to make sure you have a strong claim throughout. Also, it’s important to act quickly because you have two years from the date of the accident to file your claim in California. Miss this statute of limitations, and you can’t recover damages.
Experienced Fremont Traumatic Injury Lawyers Can Help You
You never want to experience a traumatic injury, especially not a broken bone or fracture in a car accident. Yet, these are some of the most common injuries you’ll face in these types of accidents. At Maison Law Accident & Injury Lawyers of Fremont, we understand what you’re going through and can help you through the legal process. Our experienced Fremont traumatic injury lawyers will be there to support you and your claim. Contact us today for a free consultation.