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I broke my collarbone in a car accident. Is my injury serious enough for me to pursue a lawsuit in Iowa?

A fractured clavicle, or a broken collarbone, is a serious injury. You probably suspect that as soon as your doctor gives you a diagnosis, and you may more fully realize it as your recovery progresses. You may be unable to move your arm the way that you want to and unable to return to work.

A Broken Collarbone Is Serious Enough to Warrant a Lawsuit…But Do You Have a Case?

While your injury is serious and will result in significant losses—such as medical expenses, lost income, pain and suffering—your injury is not the only thing that you have to consider when deciding whether or not to pursue a car accident case in Iowa.

In order to recover from another driver, or that driver’s insurance company, you are going to have to prove that the other driver was at fault for the accident and your broken collarbone. You are going to have to prove that:

  • The other driver failed to exercise reasonable care and that it was this failure that resulted in your accident. The failure to exercise reasonable care can take many forms. It could be, for example, that the driver was speeding; was drinking and driving; was driving while distracted; failed to obey a traffic sign; or followed too closely. Of course, this list is not all-inclusive and drivers may also be negligent in other ways.
  • You broke your collarbone in the accident.
  • Your injury must have happened because of the accident.

If you can prove these things, then you may be able to recover damages for the significant injury that you have sustained. Remember, you have a limited time to pursue a car accident claim so it is important to take action today if you think you might have a case.

Jason F. Abraham
Managing Partner, Hupy and Abraham