Fractured and broken bones can leave you wrongfooted for months, if not years. What’s more, knowing that your injuries stemmed from someone else’s negligence can make it difficult to emotionally recover from these accidents. What can you do to make your recovery easier?
When in doubt, you can work with the Indiana orthopedic injury lawyers with Vaughan & Vaughan. Our team of experienced Indiana personal injury lawyers can guide you through the process of filing a civil claim against the party responsible for your accident. In doing so, we can make it easier for you to fight for the post-accident compensation you need to recover.
Identifying an Orthopedic Injury
The scope of orthopedic injury cases includes any accidents that result in broken or fractured bones. For example, if you slip and fall on someone’s property and break your arm, you may have either an orthopedic injury case or a slip and fall case.
Similarly, You can consider orthopedic injury cases subsets of medical malpractice cases. If you go into surgery or a doctor’s office and leave with an unexpected break or fracture, you may have the right to sue for damages under medical malpractice or orthopedic injury protections.
If you’re not sure how to classify your most recent injury, consider asking an Indiana orthopedic attorney to take a closer look at the circumstances that led to your accident. Our team can break down the negligence that contributed to your losses as well as the results of that negligence. In doing so, we can better classify your case before we take it to court.
Working With Medical Professionals to Recover
You may have to get several medical opinions to appropriately classify the case you file following a severe accident. Emergency responders can provide assessments of your immediate post-accident conditions, while general practitioners can comment on the change between your pre-accident and post-accident health.
If you need a third opinion or want to network with expert witnesses, let Vaughan & Vaughan know. We can connect you with our professional network and ensure that we understand the nature of your losses – including your fractures or breaks – to the fullest.
Proving Your Right to Civil Action
Meeting with an array of medical professionals does more than help you classify the nature of your case. It also helps you prove your right to legal action. You need evidence to prove that another party violated the duty of care owed to you and subsequently bears the blame for your broken or fractured bones.
There’s no right amount of evidence to bring forward if you want to prove accident liability. That said, you do have an obligation to meet Indiana’s burden of proof. You can work with an experienced orthopedic injury attorney to determine what combination of the following is both available to you and most helpful in proving your right to a case:
- Photos from before and after your accident
- Speculations about liability presented in a police report
- Statements from insurance providers
- Videos of your accident
- Social media statements describing your accident
- Witness statements
- Expert witness testimony
Filing a Personal Injury Claim Within Indiana’s Statute of Limitations
If you want to sue the party you find liable for your losses, you need to do so within the deadline established in Indiana Code section 34-11-2-4. This statute, known as the state’s personal injury statute of limitations, gives you no more than two years to investigate your losses. Take any longer to file your claim, and you may waive your right to legal action.
How to Calculate the Value of an Orthopedic Injury Claim
Before you take your orthopedic injury case to court, you need to know the sum total of the compensation you may qualify for. To find that total, our team calculates the value of your:
- Emotional distress
- Pain and suffering
- Mental anguish
- Emergency medical care
- Long-term medical care
- Mobility aids
- Pain management aids
- Lost wages
- Lost opportunities to work
- Property damage and essential restorations or repairs
How to Fight for the Damages You Deserve
You have a few different approaches available to you when the time comes to fight for compensation. You can initially start a conversation with the liable party out of court. These out-of-court settlement negotiations can see you and your representative meet with the defendant to discuss the severity of your losses.
Orthopedic injury settlement negotiations tend to resolve more quickly than personal injury trials, but only when the liable party cooperates with you. Some liable parties may refuse to assume responsibility for your accident. Others may try to undervalue the cost of your losses.
If you’re not making any headway in private negotiations, you can instead initiate civil trial proceedings. This may require discovery and will see you go before a judge to make your case. Fortunately, you have an experienced Indiana orthopedic injury lawyer on your side. Our team can prepare you for the trial process and represent you throughout the proceedings.
Let Our Attorneys Defend Your Right to Compensation
Do you want to meet with an experienced orthopedic injury attorney in Indiana? Call Vaughan & Vaughan. Our legal team can provide you with post-accident support within hours of your initial injury. So long as you turn to our team before your statute of limitations expires, we can fight for your right to orthopedic accident compensation.
Vaughan & Vaughan has worked within Indiana’s civil court system for decades. Whether you know that you want to pursue legal action or are still considering your options, you can come to us for guidance. Schedule your free, no-obligation orthopedic case evaluation today for more information on your right to accident compensation.