Broken Bones: Legal Steps to Take After a Fracture in an Accident
Suffering a fracture or broken bone in an accident can be a life-altering experience. Beyond the physical pain and recovery, the legal implications can be significant, especially if another party's negligence caused the injury. If you’ve experienced a fracture in New Jersey due to a personal injury, it’s important to understand the legal steps to protect your rights and pursue fair compensation.
Figuring out life post-accident is intimidating. With over 30 years of legal experience, The Law Offices of Gold, Albanese, Barletti LLC in Morristown, New Jersey, is prepared to fight for you to get the care and compensation you need. Here, we'll walk you through the essential legal steps to take after an accident-related fracture in New Jersey.
1. Seek Immediate Medical Attention
The first and most important step after any injury is to seek prompt medical care. This is vital not only for your health but also for the integrity of any legal claim you may file later.
Documentation: Medical records serve as key evidence linking the accident to your injury.
Proof of severity: X-rays, MRIs, treatment plans, and physician notes help quantify the seriousness of the fracture.
Avoiding gaps in treatment: Insurance companies often argue that gaps in treatment imply the injury wasn’t serious.
In New Jersey, this documentation can also influence how insurers or juries value your pain and suffering.
2. Report the Accident
Depending on the type of accident, it’s crucial to report the incident to the appropriate authority:
Car accident: Call the police immediately and file an accident report (as required by New Jersey law for accidents involving injury).
Workplace accident: Notify your employer as soon as possible and file a worker's compensation claim.
Slip and fall: Inform the property owner or manager and ask them to file an incident report.
Failing to report the accident promptly can raise doubts about your claim’s validity.
3. Preserve Evidence
While the incident is fresh, try to collect as much evidence as possible. Evidence is critical in proving liability and damages. Collectible evidence includes:
Photos: Take pictures of the scene, the hazard or conditions that led to the accident, and your injury.
Witnesses: Gather names and contact details of anyone who saw what happened.
Video footage: Ask if there are surveillance cameras nearby that may have recorded the incident.
In New Jersey, this evidence can help establish negligence, which is key in personal injury cases.
4. Consult a Personal Injury Attorney
One of the most important legal steps is consulting with a New Jersey personal injury attorney. Many attorneys offer free initial consultations, during which we evaluate your case’s strengths and weaknesses. Some of the top reasons to consult a personal injury attorney include:
Understanding state law: New Jersey’s comparative negligence rule means your compensation may be reduced if you're partially at fault.
Dealing with insurance: Insurers often undervalue fracture injuries. An attorney can help negotiate a fair settlement.
Litigation experience: If settlement negotiations fail, you need someone capable of litigating your case in court.
New Jersey law also imposes certain procedural requirements (like the Affidavit of Merit in medical malpractice cases), which an attorney can help you figure out.
5. Know New Jersey’s Statute of Limitations
The statute of limitations sets the deadline for filing a lawsuit. In New Jersey, the standard period for personal injury claims is two years from the date of the accident.
Exceptions include:
Minors: The statute may be tolled (paused) until the minor turns 18.
Discovery rule: In some cases, the clock starts when you discover (or reasonably should discover) the injury.
Government entities: According to NJ.gov, if the injury involved a public agency or employee, you must file a Notice of Claim within 90 days of the accident.
Missing these deadlines can result in losing your right to compensation.
6. Determine Liability and Negligence
To recover damages in a personal injury claim, you must establish that someone else was legally responsible for your injury. This generally requires proving:
Duty of care: The defendant owed you a duty (e.g., safe premises, careful driving).
Breach of duty: They failed to uphold that duty.
Causation: The breach directly caused your fracture.
Damages: You suffered measurable harm (e.g., medical bills, lost wages).
New Jersey follows a modified comparative fault rule: if you’re more than 50% at fault, you can’t recover damages. If you’re 50% or less at fault, your compensation will be reduced accordingly.
7. File Insurance Claims
Depending on the nature of the accident, you may need to file one or more types of insurance claims:
Auto accidents: New Jersey is a no-fault state, meaning your Personal Injury Protection (PIP) insurance pays for your medical bills regardless of fault. If your injuries are serious (e.g., displaced fractures, surgeries), you may be able to step outside the no-fault system and sue the at-fault driver.
Homeowners or premises liability: For slip-and-fall or trip-and-fall injuries, you may need to file a claim with the property owner’s insurance.
Workers' compensation: If your fracture occurred on the job, file a workers’ compensation claim rather than a personal injury lawsuit. This provides medical care and wage replacement, but limits your ability to sue your employer.
Each type of claim has its own process and pitfalls, which a lawyer can help you figure out.
8. Document All Expenses and Losses
To maximize your compensation, maintain thorough records of all accident-related expenses and impacts, including:
Medical bills: Hospital stays, surgeries, medications, physical therapy, etc.
Lost income: Time off work, reduced earning capacity.
Pain and suffering: Emotional distress, loss of enjoyment of life.
Out-of-pocket costs: Travel to medical appointments, assistive devices, and home modifications.
Detailed records help your attorney build a strong case and calculate both economic and non-economic damages under New Jersey law.
9. Consider Settlement Offers Carefully
At some point, the at-fault party’s insurer may offer a settlement. While it might be tempting to accept early offers, doing so without legal counsel can be risky.
Some questions to ask include:
Has your treatment concluded? Don’t settle before you understand the full scope of your injury and potential long-term effects.
Does the offer cover future costs? Serious fractures often lead to ongoing therapy or future surgeries.
Are you being compensated for pain and suffering? Insurers may offer less than you need for non-economic damages.
A personal injury attorney will confirm that any settlement reflects the true value of your claim.
10. Prepare for Litigation (If Necessary)
If a fair settlement can’t be reached, filing a lawsuit may be the right option. In New Jersey, most personal injury cases are resolved before trial, but preparing for litigation can strengthen your position in negotiations.
Litigation involves:
Filing a complaint: The formal document that starts your lawsuit.
Discovery: Both parties exchange evidence, take depositions, and file motions.
Trial: A judge or jury hears evidence and determines fault and damages.
Remember, civil trials in New Jersey follow procedural rules set by the state court system, and preparation is key to success.
Contact Us Today
Going through the legal system can be overwhelming, but you don’t have to do it alone. With the right legal guidance, you can focus on healing while assuring your rights are protected under New Jersey law.
At The Law Offices of Gold, Albanese, Barletti LLC, we serve clients in Morristown, New Jersey, as well as New York City and Boston. Reach out today.