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Bone Injuries

Proving Liability for Bone Injuries in Car Accidents

When it comes to proving liability for bone injuries sustained in a car accident, understanding the legal process and gathering the right evidence are crucial. In the UK, personal injury claims resulting from road traffic accidents can be complex, especially when liability is disputed.

Key Steps to Prove Liability

  1. Duty of Care: The first step in proving liability is establishing that the at-fault driver owed a duty of care to you. In the context of road traffic accidents, this is generally clear, as all drivers have a legal obligation to drive responsibly and avoid causing harm to others on the road​.
  2. Breach of Duty: Once duty of care is established, you must show that the other party breached that duty. This could be through evidence such as speeding, running a red light, or driving under the influence​. If it is difficult for you to document all these Contact National Claims we will guide you for the compensation claim.
  3. Causation: You must demonstrate that the breach directly caused your injuries. In cases involving broken bones, medical records such as X-rays, hospital admissions, and doctor’s notes will play a critical role in linking the injury to the accident​.
  4. Damages: The final element is proving the extent of your injuries. A broken bone can result in significant pain, rehabilitation costs, and time off work. Gathering evidence of these damages—such as medical bills, receipts for treatments, and pay slips showing loss of earnings—can strengthen your case​.

Types of Evidence to Support Your Claim

  • Medical Records: Medical documentation is essential. It includes doctor’s reports, MRI scans, and X-rays that confirm the type and severity of the fracture. If you require surgery or ongoing rehabilitation, this should be documented as well​.
  • Photographic Evidence: Photos of the accident scene, injuries, and any contributing factors (such as road conditions or damaged vehicles) can be powerful in proving fault.
  • Witness Statements: Statements from those who witnessed the accident can provide independent validation of your version of events. This could include passengers in the other vehicle, pedestrians, or other drivers​.
  • CCTV Footage: If the accident occurred near surveillance cameras, the footage can be invaluable in proving how the accident unfolded​.

If you are uncertain about the strength of your evidence or the validity of your claim, don’t hesitate to contact us. Our team is here to assist you with every step of the claims process, providing expert advice and support to help you secure the compensation you deserve.

What to Do If Liability Is Disputed

In some cases, the other driver’s insurer may deny liability, making it necessary to gather more robust evidence. This could include:

  • Legal Assistance: If you’ve sustained a broken bone in a car accident and liability is contested, it’s essential to seek professional legal guidance. National Claims can connect you with experienced solicitors who specialise in personal injury cases. These experts play a critical role in building a strong case by gathering compelling evidence, such as medical records, witness statements, and accident reports.Their expertise ensures that the complexities of a disputed claim are handled effectively, allowing you to focus on your recovery.

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Compensation for Bone Injuries

If successful, your claim can cover two types of compensation:

  • General Damages: These cover pain, suffering, and loss of amenity (for example, if the injury impacts your ability to work or enjoy activities)​.
  • Special Damages: These cover financial losses such as medical costs, loss of earnings, and any future care or rehabilitation expenses​.

The exact amount of compensation depends on the severity of the injury and its impact on your life. For instance, a minor fracture might result in a payout of £1,600 to £34,480, while a severe leg fracture could see compensation ranging from £8,550 to £127,530​.

Please note that the figures mentioned above are approximate and may vary depending on the specific circumstances of each case, including the severity of your injury and its overall impact on your life.

In conclusion, proving liability for broken bone injuries after a car accident involves demonstrating the at-fault party’s breach of duty, showing a direct link between the breach and your injuries, and gathering strong supporting evidence. If you find yourself in a dispute over liability, legal expertise can be invaluable in securing the compensation you deserve.

Consult with National Claims

Navigating the legal complexities of a road traffic accident claim can be overwhelming, especially if you are recovering from injuries. Working with National Claims, where we have experience in handling such cases can be invaluable. We will guide you through the process, and work to ensure you receive fair compensation for your injuries and losses. We will also walk you through the claims process.

No Win, No Fee

We believe everyone deserves access to justice, regardless of financial means. Our no win, no fee policy means no upfront legal fees. Our fees are only due if your claim is successful, allowing you to focus on your recovery.

*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.

Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.

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