Can I Recover Compensation For Broken Glass Injuries After a Car Crash?
Posted on behalf of James Lynch on July 26, 2023 in Car Accident News
During the impact of a car accident, drivers and other vehicle occupants may sustain multiple injuries, including from broken glass. Shattered windshields or jagged glass in side windows may leave injured victims with severe lacerations and disfiguring scars.
Insurance companies may often push back on paying for broken glass injuries, labeling them as merely cosmetic, even when they are more severe.
If you or a loved one were injured by broken glass in a car crash, call our New Jersey auto accident lawyers today for legal help. We offer a free consultation to discuss your situation and determine if you have legal options. If we represent you, there are also no upfront fees for our services.
Below, we discuss some common broken glass injuries and how crash victims may be able to recover compensation for damages.
What Are Some Common Injuries Caused By Broken Glass?
Broken or shattered glass from a car crash can cause severe, even life-threatening injuries, such as:
Lacerations
Lacerations are deep cuts in the skin that, depending on the location, may damage muscles, ligaments, tendons and nerves. More severe lacerations may even damage the subcutaneous, or innermost layer, of the skin.
While some lacerations may be less severe, others may cause excessive bleeding. If victims suffer significant blood loss, it can be life-threatening or even fatal without immediate treatment.
In addition to the risk of severe bleeding, lacerations caused by broken glass may leave permanent scarring and disfigurement. Deep cuts may require extensive medical treatment, including stitches, bandaging and even reconstructive surgeries. During the healing process, victims may suffer extensive pain and discomfort, as well as extreme emotional distress because of the physical changes to their appearance. These injuries can have a lasting and profound impact on a victim’s life.
Penetrating Injuries
Penetrating injuries are those that pierce the skin and result in an open wound. These types of injuries can occur anywhere on the body. However, the most dangerous kinds of penetrating injuries are those to the head, abdomen and neck.
The head and neck have a lot of sensitive blood vessels and arteries that may result in excessive bleeding if there is an open wound. The abdomen is another high-risk area as it houses a lot of sensitive organs. A penetrating injury to the abdomen could result in severe organ damage, which could lead to organ failure and death.
Penetrating injuries caused by broken glass require immediate medical attention. Doctors may need to surgically remove the glass fragments and repair any damages. Even after surgery, some victims may require physical therapy and rehabilitation to restore functionality and range of motion.
Eye Injuries
Shattered glass can easily enter the vehicle’s cabin and come into contact with the occupants, including their eyes. The eyes are extremely sensitive organs, and even small shards of glass can cause severe damage.
Eye injuries from broken glass can lead to partial or complete vision loss, temporary or permanent blindness, and other vision-related complications. These injuries require immediate medical attention to help preserve whatever vision is possible. Some eye injuries may require delicate surgical procedures to remove the glass and repair the damaged eye structures. Unfortunately, some eye injuries caused by broken glass may be irreversible.
Amputating Injuries
In the most severe and tragic cases, broken glass injuries can lead to traumatic amputations. For instance, if a body part, such as a limb or extremity, is severely cut or crushed by the force of the accident and shattered glass. In this type of situation, medical professionals may need to perform emergency amputation to save the victim’s life.
Amputating injuries are life-changing and can have profound physical, emotional, and psychological effects on the victim and their loved ones. The process of adapting to life after an amputation is challenging and requires extensive rehabilitation, prosthetic fittings, and ongoing support. Victims may also experience feelings of grief and loss, as they cope with the profound changes to their abilities and independence.
How Do I Prove My Injuries Are the Result of Broken Glass?
To establish liability, you will need to prove that your injuries are a direct result of broken glass in a car accident.
Your first step should always be to get immediate medical attention. In a severe crash, you likely suffered other injuries. in addition to those caused by broken glass. Therefore, taking an ambulance to a nearby hospital can help you get the treatment you need more quickly. This step also helps to directly link your injuries to the accident.
When police respond to the scene of a crash, they will investigate the scene, complete a report and file it. Your next step in proving your case is to get a copy of this report. This is something your attorney should be able to help you with. The documentation in a police report can be very useful in helping to strengthen your case.
Your medical records are another critical factor in helping to prove your injuries were caused by the broken glass resulting from the crash.
After a car crash, you will need to collect all medical records related to your injuries, starting from the time of the accident and throughout your treatment and recovery. These records should include documentation for the following:
- Emergency ambulance transport
- Your initial medical examination
- Diagnostic testing, such as X-rays, scans, CT scans and MRIs
- The treating doctor’s notes
- Your diagnoses
- Treatment plans
- Surgical reports (if applicable)
- Additional follow-up visits
- Ongoing physical therapy and rehabilitation
- And more
Linking your medical records to the date of the accident and the presence of broken glass in the vehicle may help establish a clear connection between the crash and your injuries.
Can I Recover Compensation For Pain and Suffering From Broken Glass Injuries?
In New Jersey, accident victims must file a first-party claim to recover compensation for their economic damages. However, this does not include compensation for non-economic damages like pain and suffering.
Therefore, there are only two ways an accident might be able to recover compensation for pain and suffering due to broken glass injuries.
The first is through filing an insurance claim against the at-fault driver’s policy. However, before you can do that, you will need to determine if the at-fault driver has liability insurance. In New Jersey, drivers have the option to purchase a basic or a standard auto insurance policy. These policies have important differences you need to know about.
Drivers with a standard policy will have at least the minimum liability insurance of $25,000 per person and $50,000 per accident. Those with a basic policy may not have any liability insurance, however, as this coverage is optional. If you are working with an attorney, he or she can help determine whether the at-fault party has more than a basic New Jersey insurance policy.
It is important to note that New Jersey’s verbal threshold law may limit your right to file a lawsuit if you have a basic insurance policy or a standard policy with the limited right to sue.
Regardless of what legal route you choose to take, we strongly recommend speaking with an experienced attorney to determine what legal options may be available in your situation.
Need Legal Help? Call Us Today
Our knowledgeable attorneys have decades of combined experience helping accident victims recover compensation for their damages.
We offer a free legal consultation. We do not get paid unless you recover compensation.
Call 800-518-0508 today.