Navigating Broken Bones & Fractures: Your Guide to
Recovery & Rights in Columbia, SC
Learn when you can sue for a bone fracture in South Carolina and how to maximize your compensation
Broken bones can be incredibly painful and disruptive injuries. Even simple activities you once took for granted can become major hurdles, leaving you feeling frustrated and uncertain about your recovery.
Whether the fracture occurred at work or was the result of a car accident, a slip and fall, or another incident due to someone else’s negligence, we understand that the road to healing can feel daunting, but please know that help is available.
In this article, we’ll provide clarity and guidance on everything from the common causes and treatments for these injuries to potential compensation and your legal rights under South Carolina law. By arming you with this knowledge, we hope to ease some of the stress of your recovery and assist you in securing the support and compensation you deserve.
Understanding the common types of fractures
Fractures can be divided into many different types based on their characteristics and causes, but there are basically 2 main categories: closed and open.
- Closed fractures, also known as simple fractures, occur when the bone breaks but there is no open wound in the skin. Simple fractures are often caused by falls, impacts, or stress from repetitive motions.
- Open fractures, also known as compound fractures, are more severe and occur when the bone breaks and pierces the skin, creating an open wound. Compound fractures are usually the result of high-impact trauma, such as car or truck accidents or falls from heights.
Fractures can be further divided according to their shape, pattern, or cause. Here are some additional terms for broken bones that you might encounter:
- Transverse fracture. This is a clean break across the bone, like a straight snap across a twig.
- Oblique fracture. This occurs when the break angles diagonally across the bone, creating a slanted fracture line.
- Spiral fracture. This occurs when a twisting force causes the bone to break in a spiral pattern, often seen in high-impact rotational injuries.
- Greenstick fracture. This incomplete fracture is common in children, where the bone bends but doesn’t break completely, resembling a green stick that’s been cracked but not snapped in two.
- Comminuted fracture. This complex fracture involves the bone shattering into multiple pieces.
- Avulsion fracture. This happens when a small piece of bone gets pulled away from the main bone by a ligament or tendon that’s forcefully ripped.
- Stress fracture. Unlike the other fractures, stress fractures involve tiny cracks that develop gradually over time due to repetitive stress. Stress fractures are common in certain jobs, like construction, where workers engage in repetitive tasks such as lifting and carrying heavy loads, as well as in athletes who participate in activities that put a lot of strain on specific bones, like runners or dancers.
Is there a difference between a broken bone and a fracture?
No, in the medical world, there is no difference between a broken bone and a fracture. Both terms refer to a break in the bone, and you might hear them used interchangeably by doctors and other medical professionals.
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How do you diagnose a bone fracture?
Broken bones are diagnosed primarily through imaging tests. The most common method is an X-ray, which provides clear images of the bone to confirm a fracture and show the extent and specific location of the break.
In some cases, especially if the injury involves more complex areas such as joints or the spine, additional imaging tests such as CT scans or MRIs might be used. These tests offer more detailed views of both bone and soft tissues, helping in the diagnosis of associated injuries like ligament tears.
So, how do doctors fix a broken bone?
Treatment for broken bones varies depending on the severity and type of fracture. Simple fractures may only require immobilization with a cast or splint, allowing the bone to heal naturally. More complicated fractures might require surgery, where metal rods, screws, or plates are used to hold the bone fragments together during the healing process.
After immobilization or surgery, rehabilitation often follows, involving physical therapy to restore strength, flexibility, and functionality to the injured area. Throughout this process, it’s important for patients to follow their health care provider’s instructions closely to ensure a successful recovery.
Can I sue for a broken bone?
Yes, you can sue for a broken bone, but factors like how and when the injury occurred and who’s responsible for it significantly influence whether you file a personal injury lawsuit or a workers’ compensation claim.
- Personal injury lawsuit. If your fracture resulted from someone else’s negligence or intentional action outside of work, such as in a motorcycle accident, a slip and fall on someone else’s property, or an assault, you can pursue a personal injury lawsuit against the party responsible. This type of lawsuit requires proving that the other party’s negligence led to your injury. If successful, you can recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
- Workers’ compensation claim. If the injury occurred at work or is work-related, you would typically file a workers’ compensation claim instead of a lawsuit. This system is designed to provide benefits without the need to prove fault, covering medical expenses and a portion of lost wages. However, workers’ compensation typically precludes you from suing your employer directly.
Can I have both a workers’ compensation claim and a personal injury claim for the same injury?
Yes, there are situations where workers might be able to file both a workers’ compensation claim and a personal injury lawsuit. This can occur if a third party—not your employer or a coworker—is responsible for your injury.
For example, if you were injured at work by defective machinery, you might claim workers’ compensation and also sue the manufacturer of the equipment. Likewise, if you were injured in a work-related car accident due to another driver’s negligence, you might be able to collect workers’ comp benefits and file a personal injury claim against the other driver.
The key differences between the two lie in the requirement to prove fault and the types of compensation available. Personal injury lawsuits allow for a broader range of damages if you can establish that another party was at fault. In contrast, workers’ compensation provides a quicker, no-fault remedy with specific, limited benefits.
Additionally, the process for filing a claim and the time limits for doing so also differ in workers’ comp and personal injury claims, so it’s crucial to contact a local attorney who’s familiar with these types of cases as soon as possible after an accident so you can understand your legal options and ensure the appropriate claim (or claims) is filed on time.
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Do I need an attorney to help with my claim after a fracture in SC?
Yes, in most cases, an attorney can be essential in ensuring you receive maximum compensation after suffering a broken bone, whether through a personal injury lawsuit or a workers’ compensation claim. Here are just some of the ways a lawyer can help:
Personal injury cases:
- Build the case. An attorney can help gather evidence to build a strong case to prove the fault of the other party. This includes obtaining medical records, eyewitness accounts, and expert testimonies to establish the extent of your injuries and the negligence of the other party.
- Negotiate with insurers. Lawyers are adept at negotiating with insurance companies. They understand the tactics these companies may use to minimize payouts and can counteract them to ensure you receive a fair settlement that covers all your needs, including medical expenses, lost wages, and compensation for pain and suffering.
- Represent your interests in court. Should your case go to court, a lawyer will represent your interests, presenting the evidence effectively and arguing your case to secure the best possible jury verdict.
Workers’ compensation claims:
- File the claim. Attorneys help ensure that your workers’ compensation claim is correctly filed and managed. They know the intricacies of the laws and guidelines that must be followed for a successful claim.
- Maximize benefits. A lawyer can review your case to ensure you receive all benefits you’re entitled to under South Carolina workers’ compensation law. This includes not only covering medical bills and a portion of your wage loss but also compensation for any potential long-term disability or impairment.
- Appeal a denied claim. If your claim is initially denied or if the benefits are insufficient for your injuries, an attorney can advocate on your behalf in hearings or appeals, arguing for a reassessment of your case.
Keep in mind that the initial consultation with an attorney is usually free, and most work on a contingency-fee basis, meaning you won’t pay anything unless they win your case, so exploring your legal options can be a risk-free step that reaps high rewards.
Suffering from a fracture in Columbia, SC? We can help!
If you’re dealing with the aftermath of a fracture in Columbia, SC, you don’t have to navigate the recovery and legal process alone. At Smith, Born, Leventis, Taylor & Vega, we specialize in personal injury and workers’ compensation cases, so you can rest assured you’ll receive expert legal assistance tailored to your specific situation.
Our team is dedicated to helping you maximize your compensation, allowing you to focus on your recovery with peace of mind.
