One of the most common types of injuries suffered by victims of motor vehicle accidents are fractures. Fractures often occur to the legs, arms, pelvis, ribs, spine and skull. If the impact is sufficient to cause a fracture it likely will also cause multiple other injuries. Below we examine two reported cases which involve fractures.
Case 1:
In this case a one motor vehicle improperly entered an intersection striking the passenger side of another vehicle. This caused the 44 year old woman who was riding in the passenger seat to suffer multiple injuries. Her injuries included fractures to the pelvis, clavicle and several ribs. She also suffered closed-head trauma and a bladder laceration. She incurred approximately $85,000 in expenses for medical treatment. The victim was unable to return to work where she had been an administrative assistant earning approximately $18,700 per year. This resulted in a loss of earning capacity totaling over $600,000. The law firm that handled this matter reported a settlement in the amount of $1.1 Million on behalf of the victim. An additional $36,000 was paid out by the personal injury protection portion of the motor vehicle insurance policy.
Case 2:
In this case a man was out along the side of a road waling his dog when he was hit. The road did not have a sidewalk. The victim suffered a fractured ankle. He also suffered a ruptured spleen which caused extensive internal bleeding and resulted in renal failure, requiring him to need dialysis for the rest of his life and making him a candidate for a liver transplant. He was only 57 years old at the time of the accident. The law firm that handled this matter reported that a $2.5 Million settlement was achieved on
behalf of the victim.
Analysis:
As these four cases demonstrate when a motor vehicle accident results in bone fractures it generally also results in other injuries: closed head injuries, bladder, spleen lacerations,. The injuries can result in permanent disabilities. They can also result in a loss of earning income. The victims can be pedestrians as well as someone in a vehicle. Medical expenses can be significant and can total thousands and thousands of dollars possibly even for treatment years in the future.
Given the nature and extent of the injuries and the amount of medical expenses recoveries can be significant. Although insurance companies often act as though each type of injury is worth a set amount there is no magic formula for determining the value of a case.
Experienced attorneys know how to take a large number of factors into account including the number and severity of the injuries, any permanent disability or scarring, the amount of past and future medical expenses for treatment of the injuries, the amount of lost income or loss of earning capacity, the type of witness the victim and the driver will make, and even the history of other case settlements and recoveries in the case venue. Experienced attorneys also know to explore all possible sources of recovery including not only the driver(s) but also anyone else who may have contributed to the accident or be vicariously liable, such as the driver's employer.
If there is still insufficient insurance it may be possible to tap into uninsured or underinsured provisions of any policies that cover the victim. In certain cases it may even be necessary to go beyond insurance policies to other assets. In the end an experienced attorney can make all the difference in the amount recovered.
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