Broken bones can range in severity, meaning that the amount of money you deserve for your injury is often hard to pin down. What was broken and how it impacted your life are major factors in what a “good” settlement would be in your case.

You should always review your claim with a lawyer to help you know how much your broken bone is worth. If you missed a lot of work, needed extensive surgeries, or have a break that leaves you with ongoing pain and suffering, your settlement should necessarily be higher. But there are some factors you can weigh to help you decide whether the settlement is appropriate or not.

For your free case evaluation with the Arizona personal injury lawyers at Phoenix Accident and Injury Law Firm, call (480) 428-0816 today.

Calculating Damages in a Broken Bone Case

When you get a settlement, it should cover all of your damages. That means you need to understand how your damages are calculated in the first place.

Economic Damages

The total expenses and lost income you suffer because of the injury go into your total damages. These economic damages account for things like

• Medical bills
• Physical therapy costs
• X-ray costs
• Hospital stays
• Past missed work from the injury
• Ongoing missed work from the injury
• Missed work for medical care
• Property damage.

Accounting for all of this means reviewing your expenses and damages with an Arizona personal injury lawyer to make sure you are not missing out on easily overlooked expenses, such as pain medication costs or the cost of obtaining a temporary handicapped parking permit.

Non-Economic Damages

Because broken bones can range widely in severity, the toll it takes on you can vary, too. The mental, emotional, and physical effects of an injury can be valued using different calculation methods to claim “pain and suffering” and other similar damages.

This generally goes up for more serious injuries and down for less serious injuries. However, it should take into account all of these factors, and more:

• Physical pain
• How much it affects your activities of daily living (e.g., being unable to shower with a cast on)
• How long the injury will keep you from your normal activities
• Whether you will have any permanent, lasting effects (e.g., ongoing pain or arthritis in the area).

What Type of Break Did You Face?

One factor in determining a good settlement is the specific injury you faced, with more severe breaks causing higher medical bills, more time away from work, and more pain and suffering.

Location of the Break

A “broken bone” can mean anything from a broken finger or wrist to a broken hip or skull. Injuries are more serious if they cause greater or longer disability.

For example, a broken finger might hurt, but it might not interfere with your ability to work or care for yourself like a broken collar bone or hip might. Contrast that with a broken skull, which could not only keep you from working for months, but would also limit your activities for even longer.

Type of Break

Simple fractures where the bone cracks or breaks into two clean pieces might be easier to treat and take less time to heal than cases involving spiral fractures or more than two pieces of bone. Compound fractures, where the bone punctures through the skin, are also more severe.

If you needed surgery to set the bones or to implant rods and screws, that would also lead to higher damages.

If the injury involved more than just a broken bone – such as a skull fracture alongside a traumatic brain injury – the damage is quite worse, too.

FAQs for Settlements Involving Broken Bones

Should I Accept a Settlement?

Do not accept money for an injury or sign any settlement agreements until you review your case with a lawyer. Insurance companies and defendants often make their first offers too low, hoping you will take the money and end the case.

If you do sign or take the money, your case ends, and you cannot get more money later.

Should I Sue Instead?

Often, insurance claims are where a case starts, but it may need to be filed as a lawsuit to push for a better settlement. If the defendant or insurance company refuses to settle the claim for a fair value, then we can take the case to trial for damages instead of settling.

Whether to go to trial or take a settlement is always something you should discuss with your attorney.

How Much is My Pain and Suffering Worth?

Pain and suffering is traditionally higher for more severe injuries. This means that broken bones in a more vital location (neck, back) will mean higher pain and suffering damages than a less vital area (leg, ankle). However, an impact on daily tasks (walking, typing), will also mean higher damages, as will the need for surgery, pins and rods, etc.

Something that physically causes more pain, like a broken rib hurting every time you breathe in, will also be worth more.

We can apply calculation methods to come up with a specific pain and suffering amount for your case, based on these factors.

Is There a Different Cost for Different Injuries?

There is no set cost for broken bone injuries based on the location or type of break. Each case is analyzed based on all available factors.

Damages are not based on what your injury was, but rather on how it affected you. That means looking at all bills, all lost income, and the total pain and suffering rather than just the location or type of break.

Does the Type of Accident Change the Settlement Amount?

Damages and settlements are usually based on the specific injuries and damages suffered, not how the accident happened. That means that it doesn’t generally matter if your broken bone came from a car accident or a slip and fall, for example.

There are, however, a few exceptions.

You cannot sue your employer for workplace injuries, so you may be limited in damages claimed against their insurance.

Injuries from willful, wanton, or malicious injuries can get “punitive damages” to punish the defendant for what they did. These are unavailable in normal accident cases based on mere “negligence.”

Call Our Arizona Personal Injury Lawyers Today

Call (480) 428-0816 for a free case evaluation with our Arizona personal injury lawyers at Phoenix Accident and Injury Law Firm.