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December 5, 2020

The Importance of Evidence in Broken Bone Lawsuits

Suffering from a broken bone is a painful and often long-term injury. You’re looking at a few weeks in a cast, at least, and surgery or physical therapy is a real possibility. You’ll need compensation for your recovery, but that’s not always easy to get.

The key to winning your personal injury claim is presenting evidence that proves negligence. If you’re not sure where to start gathering evidence, or if you have unanswered questions about your claim, reach out for a lawyer’s help from our firm.

Proving How the Injury Happened

When you’re injured, part of your claim will be proving that you were injured and who injured you. If you don’t have this evidence, it will be nearly impossible to secure compensation for your medical care and your suffering.

Without evidence, the defense might simply claim that you were at fault for the accident, or that you were just as responsible as they were, and therefore, you should be responsible for your accident-related expenses.

That’s why it’s important to have that evidence now. By showing that you were injured at that time by their actions, you’re proving that your broken bone injury and the accident they caused were connected. Showing that the responsible party was careless and caused the injuries will be vital to your claim, so make sure you have the proof you need.

The Serious Injury Threshold for Car Accidents

If you’re injured in a car crash, proving that you suffered a broken bone can change how your claim is handled. The options you’ll have to seek out compensation will change depending on whether you prove you suffered a bone fracture.

New York is a no-fault state for auto wrecks, which means that your insurance company should handle your settlement. No-fault insurance is a way for the New York courts to streamline the compensation process. You should receive funds for your accident and your recovery, no matter who is at fault for the accident.

However, if you broke a bone in the accident, you may be above the serious injury threshold. Certain injuries and losses of more than $50,000 aren’t covered by your insurance company. Instead, you’ll be able to seek compensation for the crash in civil court. That gives you more options for seeking your compensation, so contact a New York attorney about your claim.

Seek Evidence with a Lawyer’s Help

Dealing with a broken bone during a lawsuit can be tough. Unfortunately, it’s also easy to underestimate the importance of evidence in broken bone lawsuits. If you don’t have the evidence you need, you’ll have trouble securing the funds you need for recovery.

Fortunately, that’s where your lawyer from Greenstein & Milbauer, LLP comes in. We understand how important your recovery is, and we can work to gather evidence that proves negligence. Ready to get started with your broken bone lawsuit? Contact us by calling 1-800-VICTIM2 (842-8462) or by completing the online form below.