When to Sue for a Broken Nose

Having your nose broken is not only excruciatingly painful, it also usually results in expensive medical bills, missed time at work, and in some cases, even reconstructive surgery. But, what many people don't realize is that if you suffer a broken nose, you may be able to sue the responsible party regardless of whether it was an intentional act or an accident.

Here, our personal injury attorney in Wilmington NC explains what it takes to be able to sue for your broken nose in either case.

Broken Nose Caused by Intentional Act

A great number of broken noses occur from fights. And, when your nose is broken as a result of this type of intentional act, you can sue the responsible party for battery. In most states, battery is defined as “the intentional touching of another person in a harmful or offensive manner, without consent.”

If you are suing for battery, you need to be able to prove the following four elements:

  • Intent: You must prove that the person intended to commit an act of unwanted contact towards you.
  • Contact: You must prove that actual physical contact was made.
  • Harm: You must prove that the contact was harmful or offensive.
  • Damages: You must prove that you were physically injured in the altercation or that there was damage to your property or emotional harm was caused by the battery.

Broken Nose Caused by an Accident

In some cases, you may be able to sue even if your nose was broken by accident. But, because broken nose cases are categorized as personal injury cases, the case still needs to meet the category's four main elements, which include:

  • Duty: Everyone owes each other a duty of care. This includes things like driving carefully, shoveling their sidewalk free of snow, or cleaning their store's floor when something is spilled. To sue for an accidental injury, you first need to be able to prove that the defendant owed you a duty of care.
  • Breach: You must then be able to prove that the defendant breached their duty of care obligation. For example, the defendant did not clean the snow from his sidewalk and that was why you slipped and broke your nose.
  • Causation: You must prove that your broken nose occurred directly as the result of the defendant's breach and not something else. You also need to prove that the defendant could or should have foreseen that some injury would occur due to their negligence.
  • Damages: Just as above, you must be able to prove that the injury caused you financial losses that need to be compensated for, such as for medical expenses, lost wages, or other harm.

Did You Suffer a Broken Nose? Call Bain & Rodzik Today

If you recently suffered a broken nose that you believe was caused by someone's negligence or intent, call Bain & Rodzik's personal injury attorney in Wilmington NC today. Our experienced legal team can help you recover the damages you need to get healthy again, physically and financially.

Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation. We're here to help, so call now! With Bain & Rodzik, you don't pay us unless we win your case.