Author: dawslegal

If you or someone you love has been injured in Texas, you may be feeling overwhelmed, and rightfully so. Suddenly, your world is filled with medical appointments, pain, missed workdays, and uncertainty. Perhaps you’re already getting calls from insurance companies offering quick settlements on your broken bone claims that barely scratch the surface of your bills. Maybe you’re fielding calls from lawyers, promising you the world if you just sign their agreement.

Amid this chaos, you’re simply trying to make a smart, informed decision. You want to understand your rights, the process, and what kind of compensation might be available.

We’re here to walk you through everything you need to know about broken bone claims in Texas. 

Let’s break it down.

What You Need to Know About Broken Bone Compensation

Accidents that result in broken bones, whether from car wrecks, workplace incidents, or slips and falls, can lead to serious consequences. Understanding what kind of broken bone compensation is available in Texas is key to seeking a full and fair recovery.

Generally, the more severe the bone injury, the more compensation a victim may be entitled to. A fractured toe is very different from a crushed pelvis or multiple compound fractures requiring surgical intervention and long-term rehabilitation. Your lawyer will help assess your case and pursue maximum compensation based on your specific damages.

Compensation typically falls into three categories: economic, noneconomic, and punitive damages.

Economic Damages

Economic damages involve tangible financial losses. They include:

• Emergency room visits and hospital stays;
• X-rays, MRIs, and surgeries;
• Physical therapy and rehabilitation;
• Lost wages and loss of future earning capacity; and
• Out-of-pocket expenses for medications, transportation, or assistive devices.

A broken bones lawyer knows all types of economic damages to look for, and how much the insurance company should pay for them.

Noneconomic Damages

Noneconomic damages refer to emotional, psychological, and personal losses that are harder to quantify. These include:

• Pain and suffering,
• Mental anguish,
• Loss of enjoyment of life, and
• Disfigurement or physical impairment.

Since these kinds of damages are subjective, they can be trickier to put a dollar amount on. An experienced attorney will help evaluate your situation strategically and negotiate for the best settlement possible.

Punitive (Exemplary) Damages

Punitive damages (also called exemplary damages in Texas) are reserved for rare cases where the defendant’s conduct was particularly reckless or malicious, such as drunk driving. These damages are meant to punish and deter rather than compensate.

Comparative Negligence in Texas

Texas follows a modified comparative negligence rule. That means the amount of compensation you can recover may be reduced by your percentage of fault in the accident. If you’re found to be 51% or more at fault, you’re barred from recovering any damages.

For example, if you were speeding slightly at the time of a car accident but the other driver ran a red light, you might be found 20% at fault. If your total damages are $100,000, your recovery would be reduced by $20,000, leaving you with $80,000.

Determining fault can be complex and often comes down to evidence, expert testimony, and legal strategy. A skilled lawyer will work diligently to assess where fault lies and work to defend your right to compensation.

Statute of Limitations for Personal Injury in Texas

In Texas, you typically have two years from the date of your injury to file a personal injury lawsuit. This deadline applies to most injury claims, including those from car accidents, truck collisions, premises injuries, and slip and fall incidents.

Missing this deadline means your case will likely be dismissed, no matter how serious your injuries are or how clear the other party’s liability is.

How a Broken Bone Injury Lawyer Can Help

Hiring a qualified personal injury attorney isn’t just about filing paperwork; it’s about leveling the playing field. Insurance companies have teams of adjusters, lawyers, and experts working to protect their interests. You deserve someone who will fight just as hard for yours.

Here’s how a broken bones lawyer can help:

• Case investigation—gathering police reports, witness statements, medical records, and expert opinions to build a strong claim;
• Insurance negotiation—handling aggressive insurance tactics and negotiating for a full and fair settlement;
• Medical coordination—helping you connect with specialists and treatment providers, even if you don’t have health insurance;
• Courtroom representation—taking your case to trial if the insurance company refuses to pay what you deserve; and
• Recovery maximization—evaluating long-term damages like chronic pain or disability to ensure you aren’t shortchanged.

Support from a seasoned personal injury attorney can make a significant impact on the outcome of your case and your long-term recovery.

Choose a Board-Certified Broken Bones Lawyer

Selecting an attorney to handle your claim is one of the most critical decisions you’ll make. In a sea of flashy advertising and high-volume firms, it’s easy to end up with someone who doesn’t have the time or experience to give your case the attention it deserves.

That’s why we recommend choosing a board-certified attorney, especially for serious injury cases involving broken bones. Only about 1% of attorneys in Texas are board-certified in personal injury trial law. Judson Daws, founding attorney of Daws Legal, PLLC, is one of them.

Why Board Certification Matters

The Texas Board of Legal Specialization (TBLS) was created in 1974 by the Supreme Court of Texas. Its purpose is to recognize attorneys who have demonstrated advanced competence and expertise in specific areas of law. To earn board certification in personal injury trial Law, a lawyer must:

• Have significant trial and litigation experience in personal injury law;
• Complete continuing legal education;
• Pass a rigorous exam demonstrating mastery of the subject matter; and
• Hold qualified, vetted references from judges and attorneys in the area.

At Daws Legal, PLLC, Judson personally touches each case every single week. You can rest easy knowing he’s applying his skills and attention to your case.

Trusted Advocacy That Gets Results 

You’ve already been through enough. Don’t let uncertainty about your legal rights add to your burden. When you hire Judson Daws, you gain an advocate with the skill, experience, and tenacity to take on powerful opponents and win.

Let us take the weight off your shoulders so you can focus on your healing. Whether you’ve suffered a minor fracture or a life-altering orthopedic injury, we’ll make sure your broken bone claims are taken seriously.

Don’t spend another minute wondering who to trust. Choose one of the 1% of attorneys in Texas who are board-certified in personal injury trial law: Call Daws Legal, PLLC for your free consultation today.

Going to court is the last thing most Texans want to do. It’s our nature to grit our teeth, handle our business, and move on. But when you’re hurt, truly hurt, through no fault of your own, the system can work against you. Getting back on your feet isn’t just about healing your broken bones; it’s about fighting for the compensation you need to reclaim your life.

Unfortunately, insurance companies have teams of lawyers working to pay you as little as possible. That’s where we come in.

At Daws Legal, PLLC, we don’t back down. Founding attorney Judson Daws is dedicated to fighting for hard-working people who face a system designed to protect profits over people.

This guide will walk you through the common causes of bone fractures, the types of fractures that can result in compensation, and how a bone fracture lawyer can help you secure justice.

Causes of Bone Fractures That Can Result in Compensation

Here are the most common causes of bone fractures that we see that can result in compensation for our clients.

Car Accidents

Car crashes are one of the leading causes of bone fractures in Texas. Whether from a distracted driver running a red light or someone rear-ending you at high speed, these injuries can be severe and require surgery, physical therapy, and extended time away from work. 

When alcohol is involved, the stakes are even higher. Drunk driving crashes are often more severe due to reckless behavior, high speeds, and lack of control. Victims can suffer devastating injuries, including compound or comminuted fractures.

In Texas, victims of DUI-related crashes may be entitled not only to compensatory damages but also punitive damages, additional penalties meant to punish especially dangerous conduct. A skilled Texas personal injury attorney can help you pursue every available avenue for justice, whether your injuries stem from a routine traffic accident or a DUI crash.

Motorcycle Accidents

Motorcyclists are exposed to significantly more danger than other drivers. Without the protection of a steel frame, airbags, or seatbelts, a biker’s body takes the full brunt of a collision. Bone fractures in the wrists, collarbone, legs, and spine are common in motorcycle accidents, even at relatively low speeds. If a negligent driver caused your crash, working with a Texas personal injury attorney who understands the complexities of motorcycle injury claims and can fight for the justice you need is critical.

18-Wheeler Accidents

Collisions with commercial trucks or 18 wheelers often result in serious injuries, including multiple fractures. These cases often feature complex liability issues involving trucking companies, drivers, and insurers. A skilled bone fracture lawyer can help untangle this web and aggressively pursue accountability from every responsible party, helping secure the compensation you need to move forward.

Pedestrian Accidents

When a pedestrian is struck by a vehicle, their body has no protection against the force of impact. Broken legs, pelvic fractures, arm fractures, and skull injuries can occur. Sometimes these accidents happen in crosswalks where pedestrians may have the right-of-way under Texas law. Sometimes they happen in other areas because the driver wasn’t paying attention. Either way, you can pursue compensation.

Dog Attacks

Most people think of dog bites when they hear about animal attacks, but bone fractures are also a common result, especially when victims are knocked down or dragged to the ground. Elderly individuals and children are particularly vulnerable to serious fractures from dog attacks. Texas case law allows you to seek compensation if a dog owner neglected to exercise reasonable care in preventing the animal from attacking you.

Workplace Injuries

While workers’ compensation may cover some workplace injury medical bills and lost wages, many cases also involve third-party liability. If someone other than your employer contributed to your injury, you may have grounds for a personal injury lawsuit. A bone fracture lawyer can evaluate your case, preserve evidence, and help you recover full compensation outside the limitations of workers’ comp.

Premises Liability

Texas property owners have a legal duty to maintain safe conditions for visitors, customers, and tenants. When they fail to fix or warn about dangerous conditions, serious injuries—including bone fractures—can occur.

Slip and fall accidents are among the most common premises liability claims. Wet floors, uneven sidewalks, broken handrails, and poorly lit stairwells frequently lead to hip, wrist, and ankle fractures. But premises liability isn’t limited to slip and falls. Broken bones can also result from falling debris, faulty elevators, structural collapses, or unsafe walkways.

If you were injured because a property owner failed to correct or warn you about a known hazard, you may have a legal claim. A bone fracture lawyer can investigate the scene, identify negligence, and fight to hold the property owner accountable for your injuries.

Daycare Injuries

Sending your child to daycare means trusting someone else with their safety. Unfortunately, some caregivers fail in that responsibility. Children are vulnerable to broken bones from falls, improper supervision, unsafe playground equipment, or even abuse. Bone fractures in young children are particularly alarming, as they can affect growth and long-term development. If your child suffered a preventable injury at daycare, it’s crucial to act quickly. A Texas personal injury attorney can help uncover what happened, hold the facility accountable, and pursue justice for your child and your family.

Types of Bone Fractures to Contact an Attorney About

Not all fractures are the same. When it comes to filing a legal claim, the type and severity of the fracture matter. Here are some of the types of bone fractures that often result in legal action:

• Compound fractures—severe breaks where the bone pierces the skin, often requiring multiple surgeries and extensive rehabilitation;
• Comminuted fractures—the bone shatters into several pieces, sometimes making reconstruction and healing difficult or incomplete;
• Displaced fractures—the ends of the broken bone are out of alignment and may need pins, plates, or screws to heal properly;
• Compression fractures—often seen in the spine and can lead to chronic pain as well as long-term disability; and
• Growth plate fractures—common in children and can cause long-term complications if not treated correctly.

The length of treatment, degree of physical impairment, and impact on your ability to earn a living all influence how much compensation you may be entitled to. If your fracture required surgery, ongoing therapy, or kept you from working for weeks or months, it’s time to talk to a lawyer.

The Role of a Bone Fracture Lawyer

A bone fracture lawyer should do more than just file paperwork. At Daws Legal, PLLC, we take on every aspect of your claim. We help:

• Investigate the cause of your injury, gather evidence, and identify liable parties;
  
• Calculate your damages, including current and future medical bills, lost wages, loss of earning capacity, and pain and suffering;
• Negotiate with insurance companies that are notorious for underpaying claims; and
• File lawsuits and go to trial, if necessary, to fight for every dollar you’re owed.

We make sure your story is heard and your case is taken seriously. Insurance companies respect lawyers who are not afraid of the courtroom, and that’s what we bring to the table.

Don’t Wait to Get the Advocacy You Need 

At Daws Legal, PLLC, we know how a fractured bone can upend your life. You deserve to be made whole so you can move forward. Don’t trust just anyone with your case, or you risk being lowballed and ignored.

Judson Daws is one of the 1% of attorneys in the State of Texas who are board-certified in personal injury trial law by the Texas Board of Legal Specialization. We intentionally keep our caseload manageable so that Judson personally touches every case every week. That’s our promise to you: personalized, relentless representation from day one.

Call our office today to schedule a free consultation and learn more about how we can help you.

Resources:

Billie Ann Allen, as Next Friend of B.A., a Minor, Appellants, v. Frances Albin and Gladys Haferkamp, Appellees (2002), link.

If a child is hurt at school, who pays for the associated expenses? When a child gets hurt at school or daycare, their parents often have urgent concerns about medical expenses, liability, and whether the daycare’s insurance will cover the costs. In Texas, responsibility for these expenses depends on how the injury happened and whether the daycare was negligent. Such facilities often carry insurance that covers medical bills and other damages. However, there are instances where parents must turn to their own health or liability insurance to cover costs.

To determine who is financially responsible, you must assess how the injury occurred, whether the daycare staff acted negligently, and which insurance policies apply. If the daycare failed to maintain a safe environment, its liability insurance may cover medical expenses, pain and suffering, and other losses. When another child causes the injury, coverage depends on the daycare’s injury policy and whether the staff took reasonable steps to prevent harm.

If a Child Is Hurt at School, Who Pays for Medical Expenses?

Daycares, like schools, have a legal duty to provide a safe environment for children. If a child is hurt at school, determining who pays for medical bills depends on the circumstances of the incident.

• Daycare negligence. If the injury happened due to inadequate supervision, unsafe conditions, or the failure to follow safety protocols, the daycare might be liable. Their insurance might cover medical costs and related damages.
• Injuries caused by another child. When another child causes harm, liability depends on whether the daycare staff acted negligently during the incident. If the injury was foreseeable and staff failed to intervene, the daycare’s insurance could apply.
• Accidental injuries. Some daycare facilities offer medical payment coverage, which pays for minor injuries regardless of fault. If no such policy exists, parents may need to use their health insurance or seek compensation through other means.

Determining responsibility often requires a review of the daycare’s policies, insurance coverage, and Texas negligence laws.

What to Do If Your Child Is Injured at Daycare by Another Child

Parents often struggle to determine whether the daycare is responsible when one child harms another. What to do if your child is injured at daycare by another child depends on the circumstances of the incident.

• Report the injury immediately—notify the daycare in writing and request an incident report detailing what happened; 
• Seek medical attention—even minor injuries should be evaluated by a doctor to rule out complications and document the harm; 
• Review daycare policies—request a copy of the facility’s daycare injury policy to understand how they handle these situations; and
• Speak to an attorney—legal action may be necessary if the daycare fails to provide proper supervision.

Texas law requires daycare facilities to implement reasonable safety measures to prevent harm. If staff failed to intervene in a preventable situation, the daycare’s liability insurance might cover medical expenses and related damages.

Understanding a Daycare Injury Policy and Insurance Coverage

Every licensed Texas daycare should have an injury policy that outlines how they handle accidents and what insurance coverage applies. Understanding the facility’s injury policy helps determine whether they will pay for your child’s medical bills. Some centers provide parents with a written policy upon enrollment, while others only disclose coverage details upon request.

Many daycare centers carry:

• General liability insurance—covers injuries resulting from negligence, such as inadequate supervision or hazardous conditions;
• Medical payment coverage—these policies may cover initial emergency treatment but not long-term care; and
• Umbrella policies—provides additional coverage when general liability limits are exceeded. 

Parents may seek compensation through other means, including a personal injury claim, if the daycare lacks adequate coverage. Speaking with an attorney can help clarify what legal options are available when daycare insurance is insufficient.

When Parents’ Insurance May Cover Daycare Injuries

If the daycare does not have sufficient insurance or denies responsibility, parents may need to rely on their own coverage. Let’s look at some options.

Health Insurance 

Your health insurance could cover medical expenses, though parents may be responsible for deductibles and copays. Even with coverage, out-of-pocket costs can add up, especially for emergency care, surgeries, or ongoing treatment. You should keep records of all medical bills to document your expenses.

Homeowners or Renters Insurance

The owner’s policy may cover damages if the injury occurred at a home-based daycare. However, some policies exclude business-related claims, making it essential to verify coverage. If the daycare provider is licensed, they may have separate liability insurance that applies.

Uninsured/Underinsured Coverage

Some auto and liability policies provide protection if another party is at fault but lacks insurance. This can be useful in cases where a daycare provider is uninsured or if their policy limits are too low to cover all expenses.

In addition to reviewing insurance policies, you may consider seeking reimbursement for lost wages if you must take time off work to care for your injured child. Evaluating all coverage options is important so you don’t miss out on an available source of financial recovery.

Legal Options When Daycare Negligence Causes Injury

Texas law allows parents to pursue claims and lawsuits to get compensation for medical bills, pain and suffering, and other losses when a facility fails to uphold its duty of care. Often, this failure constitutes negligence, which makes the facility liable.

Key factors in proving daycare negligence include:

• Failure to supervise—staff must monitor children and prevent foreseeable harm;
• Unsafe conditions—playgrounds, classrooms, and common areas should be free of hazards; and
• Inadequate staffing—Texas law sets minimum staff-to-child ratios to decrease the risk of injury. 

Legal representation can help determine whether the daycare is liable and how to pursue compensation.

Speak with a Board-Certified Personal Injury Lawyer About Your Daycare Injury Case Today

If your child was injured at their daycare, the facility may be liable for all expenses related to their medical treatment and recovery. At Daws Legal, PLLC, our board-certified personal injury lawyer is dedicated to aggressively pursuing cases against negligent daycare providers. By bringing these cases, we believe we’re helping individual families overcome traumatic events while also encouraging all childcare providers to ensure they are keeping our children safe. We offer free consultations to all prospective clients, and we will not accept payment for our services unless we can connect you with compensation. To schedule a free consultation today, call or connect with us by filling out our secure online contact form.