Broken bones injuries can happen in various accidents (auto, injuries at work, attacks, pedestrian accidents, etc.). People who have a claim for a broken bone wonder if this injury can have a high settlement value or a court award if the case gets to trial. The exact amount depends on several factors, which we will discuss in this article.
Medical Evidence in a Claim for a Broken Bone
Just like for any injury, it is necessary to have medical evidence of the fractured bones. A radiologist always x-rays broken bones, and these images are your best evidence since they will show clear signs of the severity of your fractures.
The good thing in such injuries is that broken bone x-ray images do not lie. Unlike soft tissue injuries that can be difficult to prove, cases with broken bones are pretty obvious. This means that such an injury is practically indisputable.
This means coming up with an evaluation of what the jury will award the plaintiff. Also, they will consider what the defendant will pay in the end. The amount each side will agree upon will settle the case even before it gets to trial.
When a case is valued, two factors affect the plaintiff’s damages. The first one is how badly the bone is fractured, and the second is how the jury will find the defendant responsible for the case so it can go to trial.
Determining the Plaintiff’s Damages
It is a challenge to be precise when evaluating the plaintiff’s damages. The main reason for that is because if the case gets to trial, the jury will have the final decision on the amount that the defendant should pay the injured plaintiff.
It is easy to estimate and predict the medical bills and lost wages. They are based on the bills the plaintiff paid for medical help as well as their previous paychecks.
But, for not so concrete damages such as pain and suffering, the estimation is usually done based on similar cases with fractured bones. Your Boston broken bone attorney and the insurance company will use methods of calculating such damages. Still, in the end, it will only serve to come up with an amount that will initiate the negotiations.
Another thing to have in mind is how the fractured bone is affecting the victim’s life. If they were an active and athletic person, who was spending a lot of time outside, their damages would be based on “loss of quality of life. In that case, the jury will be expected to offer a higher award than if the plaintiff was not so physically active. The broken bone, in that case, did change their life but did not affect their lifestyle.
If the fractured bone prevented the plaintiff (temporarily or forever) to earn for a living, then the defendant will be liable to pay the full extent of lost wages or diminished earning capacity.
What is the Probability for the Defendant to be Found Responsible?
If there is little or no evidence to prove the defendant’s liability for the fractured bone, then the plaintiff has higher chances to lose the case at trial. The defendant will probably offer a lower settlement amount.
Bone fracture compensation varies from several hundred thousand for fractured ribs to one million dollars for broken knee caps or thighbones (fractures that require surgeries).
What Happens if the Injury Occurred at the Workplace?
The worker’s compensation usually covers fractures that occur at the workplace. The benefit is different in every state. If the plaintiff is not entirely disabled by the fractured bone and their medical bills are not high (no surgeries, cast for an extended period), then the worker’s compensation will not be very high.
Contact an Attorney for Help With Your Claim for a Broken Bone
After receiving the initial medial help, it is best to consult with a personal injury law firm. Don’t wait for too long (inform about the statute of limitations in your country; in Massachusetts, it is three years).
No matter how your bone was broken (negligence, malicious intent, carelessness, injury at your workplace, car accident), your attorney will explain to you in detail what to do to get your compensation.
Please keep all the evidence (medical bills, x-ray images, paychecks from the previous months) because it will help you in your claim for a broken bone.
Call Soto Law today and schedule your first consultation. Our team is solely focused on personal injuries. We know how to do this work – we stand up to insurers and fight for our client’s deserved compensation.