Broken bones are painful medical afflictions, but they’re also expensive. A fracture or multiple fractures may involve months of doctor’s appointments, physical therapy and rehabilitation, and costly scans. If you’re struggling under the weight of medical bills due to broken bones, you may be eligible for compensation under the state’s personal injury laws. A Fort Lauderdale broken bones lawyer like David I. Fuchs could assess your case and help you determine whether you are entitled to financial compensation.
Influential Factors in Your Broken Bones Case
Your compensation amount will depend on several factors, including the nature and severity of your injuries. For example, a compound fracture of your arm may be more medically serious than a broken toe, requiring more extensive medical care.
Additionally, you should seek treatment for your injuries as soon as possible. One of the most important factors in your broken bones case is an official medical record. Unlike soft tissue injuries, fractured bones are readily apparent on scans and are virtually indisputable. Seeing a doctor to attain medical evidence like x-rays will make negotiating your settlement easier.
How Much Is My Broken Bone Claim Worth?
Another important aspect of your case is “valuing” what your injuries might be worth. A jury may award two types of damages in a personal injury settlement for broken bones:
- Special, or economic damages, involve any tangible costs associated with your injury. These may include medical bills, lost wages, or the ongoing costs of rehabilitation.
- General damages provide compensation for intangible losses, such as pain, suffering, or emotional anguish. Attorneys and insurance companies calculate general damages one of two ways: first, they may use the “per diem” method, which applies a dollar amount (usually what you make in a day at work) to the number of days you suffered. For example, if you make $200 a day, but were in a cast for 45 days, then your general damages would equal $9000. The other type of general damages equation is called the “multiplier method,” in which your attorneys will multiply your special damages by a number between 1.5 and 5, depending on the severity of the injury.
Other Factors that Affect Your Broken Bones Settlement
When valuing general damages, attorneys also look at how having a fractured bone affects your everyday life. If, for example, you were a very active person before your injury and ran nearly every day, a broken bone may severely affect your quality of life. A sedentary person, on the other hand, may arguably suffer less from having a broken bone.
Determining Fault in a Broken Bones Case
The other obvious factor in your broken bone case is determining who is liable for your injuries, as well as the amount of evidence available. If your broken bone was the result of a car accident, your sole recourse may be filing a claim with your own insurance company in accordance with the state’s no-fault insurance laws. On the other hand, if your broken bone resulted from a slip and fall accident at a local establishment, you may be able to sue the company for compensation.
Breaks and Fractures from Injuries at Work
If you broke a bone while on the job, you’ll typically file a workers’ compensation claim through your employer. Since it’s a no-fault system, you won’t have to prove fault to collect benefits. Receiving workers’ compensation benefits, on the other hand, limits your ability to file additional personal injury claims, unless they’re against a third party. For information about your legal options when injured at work, talk to a worksite injury attorney.
Call a Fort Lauderdale Broken Bones Attorney Today
Broken bones can lead to months of pain and a diminished quality of life. If you’ve suffered a broken bone and think someone else is to blame for your injuries, contact David I. Fuchs, Injury & Accident Lawyer, P.A. for a free initial consultation. Take advantage of the contingency-fee legal services offered by a Fort Lauderdale broken bones lawyer today.