What Laws Govern Broken Bone Claims in California?

The laws that govern your broken bone claim depend on the type of lawsuit that you file. Here is a description of the most likely kinds of cases you would bring for controversies involving broken bones:

ACTIONS IN NEGLIGENCE: California law provides recovery for victims of negligent conduct. It defines negligence as failing to do that which a reasonable person would or would not do in a situation. Thus, it is a factual question depending on the circumstances of the accident. However, what every negligence suit must plead and prove is that the defendant breached a legal duty and that the breach caused the plaintiff injuries. Of course, broken bones and their associated costs count as sufficient injuries. 

ACTIONS AGAINST COMMON CARRIERS: If you suffer a broken bone while riding on a bus , train , or other common carrier, then you can bring a negligence action against them as well but it will be slightly different than a traditional negligence suit. Common carriers are defined as companies that transport people for profit. If they injure you, you can sue them using the same elements as outlined in the above section. However, your task will be a bit easier because common carriers have a heightened duty to do all things practical to deter any foreseeable injury to their passengers. Furthermore, if a passenger is injured then there is a presumption that the carrier was negligent. 

ACTIONS AGAINST HEALTHCARE PROVIDERS: If a doctor or other healthcare provider injures you and breaks your bone or just makes your fracture worse, you can sue them for medical malpractice . This is basically a negligence lawsuit in the medical setting. However, the elements are a bit different and they include the following: a) a healthcare professional b) breached the relevant medical standard of care c) and that breached caused you harm (i.e. broke your bone or made it worse). The relevant standard of care is a determination made with many factors including the field of medicine, type of procedure, and local practice.

ACTIONS AGAINST PRODUCT MAKERS/DISTRIBUTORS/RETAILERS: If you break a bone because of a defective product, then you can sue anyone on the chain of distribution including manufacturers, distributors, and retailers. Your claim could include that the product was defectively manufactured or designed. Additionally, you could argue that the warning or instructions were insufficient. These kinds of cases can require expert evidence of deficient design, manufacture, or warning as well as significant resources to combat these deep-pocketed defendants.

Yes, to a certain extent, the kind of cause of action that you bring for your broken bone injuries will determine how much compensation you can acquire. For instance, if you bring a medical malpractice case, then you cannot seek punitive damages and your non-economic damages might be capped. Alternatively, if you break a bone while working, then you might have to file a workers’ compensation claim as opposed to a lawsuit and that will shape your potential reward. However, the most fundamental factor that determines what you can get in court is how you were injured. Your injuries are the best predictor of what you will obtain more than any other indicator and you should use them to estimate the worth and value of a personal injury lawsuit.

There are many factors that go into the decision of whether to try or settle your California personal injury case. Here are some things to think about:

• Would you prefer the dispute ended quickly or would you not mind it proceeding for one or two years?
• Do you have a lot of time to devote to court proceedings and related obligations?
• Were you at all responsible for the incident occurring?
• Was a company or other entity at all responsible for the incident occurring?

These questions can help you shape your answer of whether to try or settle a lawsuit. However, they should be discussed in consultation with your attorney so that you completely understand the ramifications of choosing either.