Broken Bones and Fractures
Broken or fractured bones are some of the most common injuries reported in car accidents, slips and falls, workplace accidents, and other unforeseen incidents. In some cases, bones heal within several weeks or a few months. Some fractures take much longer to heal, and some might never fully heal, and could have a lasting impact on the victim’s life.
Insurance company representatives like to believe that fractures are simple injuries that require a short recovery time. The experienced injury lawyers at Warnett Hallen LLP have seen the real impact that complex fractures can have on the lives of accident victims. We work hard to make sure that our clients’ insurance injury claims are taken seriously. It is our goal to help you get the full and fair compensation that you deserve.
Warnett Hallen LLP was named the “Best Lawyer When Accident Strikes” in the Georgia Straight reader’s choice awards and was also named to the Best of Vancouver lists. Call us or contact us online now to set up a free consultation.
Common Causes of Fractures and Broken Bones
Fractures occur when excessive force is placed on a bone, causing it to break. In many car crashes, broken bones are the result of people’s bodies being thrown into or being struck by other objects, such as motor vehicles.
Fractures will typically require a person to have the bone placed in a cast or splint, and surgery may also be necessary in some cases. During the person’s recovery, they may be unable to work or care for themselves.
Examples of other common accidents besides car crashes that cause fractures include:
- Bike Accidents
- Pedestrian Accidents
- Motorcycle Accidents
- Slip and Fall Accidents
- Occupier’s Liability
- Animal Attacks
- International Airline Injuries
Types of Fractures
A fracture is considered an open or compound fracture when there is an open wound or break in the skin near the site of the broken bone. A fracture that does not penetrate the skin is known as a closed fracture.
With a displaced fracture, the bone breaks in two or more places such that ends are no longer aligned. When bone parts remain aligned, it is a non-displaced fracture.
Fractures are further classified based on the direction the break takes on the bones. The types of fractures include:
- Comminuted — Bone broken in multiple parts or multiple fragments
- Transverse — Fracture across the bone
- Oblique — Angular fracture
- Spiral — Fracture spiraling down the length of the bone
There is a range of fracture types, including:
- Avulsion fracture — Fracture caused by muscle or ligament pulling on the bone
- Greenstick fracture — Partial fracture of bone on one side without a complete break
- Hairline fracture — Another type of partial fracture
- Impacted fracture — One fragment of fractured bone going into another
- Intraarticular fracture — Fracture extending into the surface of a joint
- Stress fracture — Fracture caused by stress and strain
- Torus (buckle) fracture — Deformity of the bone without a break
Different types of fractures can have different effects on different people. Most broken bones will require medical care and treatment to heal fully, and the process of recovery can be lengthier for some fractures compared to other types.
Osteoporosis Canada also points out that there can be three stages of pain caused by a fracture: acute pain immediately after a bone is broken, sub-acute pain within the first few weeks of healing, and chronic pain that persists after the fracture has healed. Many people may experience all three stages of pain, while some may experience only one or two of the first stages.
Treatment for Fractures and Broken Bones
If you believe you’ve suffered a broken bone in an accident, you should try to stop any bleeding and immobilize the affected area. It can also be helpful to apply ice packs, but try to wrap the ice in a towel, so it doesn’t make contact with the skin.
Cast immobilization is the most common form of treatment for a fracture because it allows the bones to stay in proper position while they heal. Some people may also receive functional casts or braces that would enable controlled movements, but these are not available for all fractures.
Surgery could be required in some cases when pins or screws need to be inserted into a bone. Other operations may involve inserting rods through the spaces in the center of the broken bone.
A broken bone typically takes six to eight weeks to heal, but this time frame can vary depending on the type of fracture as well as its location. A non-healing or non-union fracture involves pieces of a broken bone not growing back together, and a malunited fracture could fully heal, but a bone may protrude underneath the skin.
How Our Broken Bone Lawyers Can Help You
Warnett Hallen LLP has decades of combined legal experience investigating car accidents and other types of accidents. Our lawyers know what types of evidence to look for and secure so we can prove the negligence of another party.
For example, if another driver was distracted by texting or talking on their cell phone, we could obtain their phone records to prove negligence. If the at-fault party was under the influence of alcohol or drugs, we will work to prove that their impairment caused the accident that harmed you.
Once we complete an independent investigation, our firm can begin negotiating for a fair and full settlement to your case. Warnett Hallen LLP can also file a lawsuit when necessary to pursue the compensation you need and deserve.
Compensation for Accident Victims
- ICBC Claims — Any person injured in an auto accident in British Columbia is entitled to Part VII benefits from ICBC such as coverage of medical and rehabilitation costs, prescription costs, and disability payments, regardless of fault. As a public corporation and an insurance company, ICBC has a goal of settling cases for as little as possible. While you are required to notify ICBC within 30 days of your accident, you must remember that your call will be recorded and everything you say can and, very likely, will be used against you. Always proceed with extreme caution. When a person was not at fault for an accident, they can also file a personal injury claim to seek damages for pain and suffering, lost wages, and future care. Many ICBC and personal injury claims are resolved through settlements, which may take some time to negotiate.
- Lawsuits — When the ICBC will not pay an adequate amount of compensation, the victim will need to obtain a court order to be paid the amount they are seeking. A person must file a lawsuit within two years of the date they suffered a fracture, but this limitations period does not begin until a person turns 19 years of age when the victim was a minor.
As of April 1, 2019, two new laws in British Columbia have dramatically changed how compensation may be administered in ICBC cases. A limitation or “cap” of $5,500 was placed on nonpecuniary damages (damages that are not quantifiable, such as pain and suffering) when the ICBC deems an injury to be a “minor injury.”
A minor injury was defined as one resulting in no permanent serious disfigurement and any physical or mental impairments being resolved within 12 months of the accident. When ICBC decides that your injuries are minor, you will have to challenge the ICBC in the British Columbia Civil Resolution Tribunal (CRT), which has placed a cap of $50,000 on total damages.
A person will have to deal with the CRT before they can take their case through the courts. Some cases can justify compensation beyond the newly imposed limits, but it will now be more challenging for people to recover full amounts than it used to be.
Talk to a Vancouver Fracture Lawyer Today
If you suffered a fracture as the result of an accident in Vancouver or even other injuries like PTSD, whiplash, knee injury or soft tissue injury, act quickly to preserve your legal rights. Contact Warnett Hallen LLP right now to discuss your case.
Our firm has a record of success helping people achieve successful ICBC settlements and also taking cases to trial when necessary. You can have us explain all of your legal options as soon as you call or contact us online to take advantage of a free consultation.
