Injury Lawyers Dedicated to Helping Spring Hill Residents
Falling victim to an unforeseen accident is everyone’s worst nightmare. No matter how minor or severe your injuries may be, accidents can create substantial expenses and frequently require the victim to miss work. At Holliday Karatinos Law Firm, PLLC, our injury attorneys have over five decades of experience helping individuals in Spring Hill and other Florida communities assert their rights. We guide our clients through the process of investigating their claims and gathering the evidence they need to bring a case against the party that harmed them.
Holding a Negligent Defendant Liable for a Fractured Wrist
A fractured wrist is a painful and debilitating injury that takes several weeks to fully recover. Some people never fully recover from a fractured wrist and experience long-term side effects after the damage has resolved.
The first step in pursuing compensation for a fractured wrist is to show that the defendant owed you a duty of care. In general, the duty of care requires each of us to use the same ordinary care and skill that a reasonably prudent person would use in a similar situation. The nature and scope of the duty of care is informed by the context of the accident. In a premises liability case, for example, the defendant has a duty to keep his or her property in good repair and to warn a visitor about any known dangerous conditions. On the other hand, in a motor vehicle accident case, the defendant must operate his or her vehicle with the same ordinary care and skill that a reasonably prudent driver would use, taking into account the weather and road conditions existing at the time of the collision.
After establishing duty, the plaintiff is required to demonstrate that the defendant failed to act according to the applicable duty of care. In the case of a motor vehicle accident, a defendant’s failure to adhere to basic traffic laws would constitute a breach of the duty of care because each driver has a duty to follow applicable driving laws. A store also likely would breach the duty by failing to remove a banana peel that had been on its floor for several hours.
The final two steps of a personal injury case require a plaintiff to show that he or she would not have been hurt but for the defendant’s breach of the duty of care. Causation is a legal concept that is essential to proving a negligence claim. It becomes a particularly important element if the plaintiff has preexisting injuries or medical conditions that relate to the damages that the plaintiff is seeking in the lawsuit. In this instance, the issue becomes a consideration of whether the defendant caused the plaintiff’s harm or aggravated the pre-existing condition.
Finally, the plaintiff must provide evidence of the damages that he or she has suffered. This typically includes medical bills, lost wages, loss of future earning capacity, pain and suffering, the costs of future treatment, and other types of economic and non-economic losses.
Enlist a Spring Hill Attorney for Your Accident Claim
Suffering a devastating fractured wrist may not be your fault, and if so you should not be required to deal with the consequences on your own after a car accident, slip and fall, or another preventable event. The Spring Hill lawyers at Holliday Karatinos Law Firm, PLLC can seek the compensation that you need to get back on your feet after an accident. Our firm has a number of locations throughout Florida and proudly serves injured individuals in communities throughout Hernando, Pasco, and Citrus Counties, among other areas. We offer a free consultation, so you have nothing to lose. Call us now at 1-866-597-0009 or contact us online to set up an appointment.