Breaking a bone can have wildly different effects on your life depending on your age, fitness, lifestyle, injury severity, location, and type of fracture. Because of this, it is important to always work with a lawyer when trying to settle an injury case for a broken bone.
Our lawyers can assess what a “good” settlement would be for your injury by looking at whether the injury was open or closed, how many pieces the bone broke into, whether surgery was required, how it affects your ability to work, how long the effects will last, what permanent effects result, and other factors like this. Generally, a good settlement covers all care costs, lost wages, and pain and suffering from the injury.
Call our Chicago, IL personal injury lawyers at Rhatigan Law Offices today at (312) 598-0014 for a free case evaluation.
Type of Broken Bone
Fractures come in a few different types, which generally affect the severity of your injury case. The more serious types of injuries will cause higher damages in a few ways:
- Longer recovery time, meaning longer pain and suffering, more time away from work, more medical appointments, etc.
- More serious injuries require surgery, which is more expensive and causes a more difficult recovery process.
- Worse injuries simply hurt more and cause higher pain and suffering.
- Worse injuries cause more lost ability, even if it’s only temporary while you heal or are in a cast.
Compound (Open) vs. Simple (Closed)
A compound or open fracture sees the bone protruding through the skin. This obviously hurts more, but it also typically requires surgery to set the bone, make sure skin and other tissue are out of the way, and to stitch up the open wound.
Closed fractures may still need surgery to set the bone or install pins/rods/screws, but if not, the risk of infection and wound treatment is lower.
Complex Fractures
Complex fractures see the bone broken into more than two pieces. Some involve small chips and shards that need to be put back into place. These injuries can often require surgery and pins, rods, or screws.
Other Special Types of Breaks
Bones can also break in other difficult and complex ways, such as a spiral fracture when the limb is twisted around. These injuries may require additional treatment, pins/rods/screws, surgery, and longer healing times.
Location of Fracture
Where your fracture is will have a lot to say about how long you are taken away from work, what activities of daily living (ADLs) you cannot perform, and what other care you might need (e.g., physical therapy).
Weight-Bearing Bones
Of the bones in your lower leg, a broken tibia is often worse than a broken fibula because your tibia bears your weight and your fibula does not. You may be able to get a walking boot with a broken fibula, but a broken tibia may require you to use crutches or a wheelchair/scooter to keep weight off of it while you heal.
Similar effects come into play with broken femurs, hips, feet, ankles, etc.
Hands and Arms
Breaks in your hands or arms can make it hard to perform activities of daily living. For example, you might not be able to button a shirt – or even put on a shirt – if you need a cast from your shoulder to your forearm.
Neck and Back
Broken bones in the neck and back can result in long-term injuries, surgeries, and even paralysis. If the break impinges on your spinal cord, you could be paralyzed from that location down. This could require lifelong care.
Intensive physical therapy may help you get back on your feet, but you could still face permanent walking/motor skill effects, numbness, and pain.
Other Structural Bones
Other bones that affect your general body structure, like ribs, hips, and collar bones, may make it hard to sit, stand, change position, and get around. This can affect your ability to work, to perform ADLs, and to care for yourself.
Other Bones that Affect Activities of Daily Living
Some broken bones might not be too severe, but they get in the way. For example, having a cast on your hand for one small break makes it hard to button a shirt, text on your phone, or even wash yourself. Having to keep a cast dry while showering, for example, is a hassle and imposition on your life that can result in damages just for that hassle.
Other, more serious interruptions could require replacement services around the house or other care needs like occupational therapy.
Damages to Include in a Settlement for a Broken Bone
Injury cases typically involve these damages, though they need to be tied to your specific injury
- Medical care costs, including X-rays, casts, surgeries, physical therapy, and more
- Medical device costs, e.g., implants, crutches, scooters, and wheelchairs
- Lost wages, now and into the future if there is permanent damage
- Other economic effects
- Physical pain
- Mental suffering
- Emotional distress
- Lost ability, which may affect you differently based on your physical fitness before the injury, age, and other factors
- Discomfort
- And more.
These costs should all be accounted for in a “good” settlement. Our Evanston, IL personal injury lawyers can help you calculate these damages, especially the “non-economic” damages like pain, suffering, emotional distress, etc.
How to Negotiate a Settlement
You need to take these steps when negotiating a claim:
Gather Evidence
You first need proof of what happened and why it is the defendant’s fault so you can convince them or their insurance company that you will win the case if it goes to court. When they know they will lose the case, they are more likely to pay up at the full value.
If evidence is lacking, they may prefer to take their chances with a jury.
Work with a Lawyer
You should always have an experienced attorney on your side. Do not expect that you can figure out the cost of pain and suffering, estimate future medical care costs, and plan for lost wages all on your own. Our personal injury attorneys can assess your case, use our experience, and speak with experts to come up with a fair value.
Then, we can negotiate. The insurance companies may just ignore an unrepresented victim, but we can demand their attention and push for a fair settlement.
Go to Court if They Refuse to Settle
If they will not play ball and settle your case for a fair value, then we can take them to court. In court, the judge and jury decide the case, not the insurance company. This potentially allows us to win, even if the insurance company and defendant continue to deny their responsibility.
Going to trial costs the defense more, so they are often willing to settle to avoid the expense of trial.
Call Our Personal Injury Lawyers in Illinois Today
Call the Peoria, IL personal injury lawyers at Rhatigan Law Offices at (312) 598-0014 for a free review of your potential case.
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