A common type of injury suffered by victims hurt in a motor vehicle accident is bone fractures. There are many parts of the body that are susceptible even with safety features in vehicles including fractures of the legs, arms, pelvis, ribs, spine and even the skull. Because fractures often occur in high impact accidents, these victims often also suffer multiple other injuries. Below we examine two reported accidents which involved bone fractures.
Accident 1:
This accident happened to a man who was walking his dog along the side of a road when he was hit by a motor vehicle and suffered a fractured ankle. He also ruptured his spleen which caused extensive bleeding internally. This, in turn, caused his kidneys to fail. Only 57 years old, he is now a candidate for a transplant and will need dialysis until he is able to have the transplant. The law firm that handled this matter reported that a $2.5 Million settlement was achieved on behalf of the victim.
Accident 2:
This accident occurred in an intersection where a motor vehicle that was properly in the intersection was struck on the passenger side by a second vehicle. At the time of the accident sitting in the front passenger seat of the car that was struck was a 44 year old woman. The force of the accident caused fractures to her clavicle, to several of her ribs, and to her pelvis. Her bladder was lacerated. In addition, she suffered closed-head trauma. Medical treatment for her injuries cost approximately $85,000.
Her injuries prevented her from returning to work. Prior to the accident she had been making about $18,700 a year as an administrative assistant. Given her age, this means her lifetime earning capacity was reduced by more than $600,000. The motor vehicle insurance policy's personal injury protection coverage paid $36,000. The law firm that handled this matter reported they were able to obtain a settlement in the amount of $1.1 Million (beyond the $36,000) on behalf of the victim.
Comparison:
A comparison of these two accidents brings out a number of factors they have in common. The victims in these two accidents both suffered multiple serious injuries beyond bone fractures. Their injuries caused permanent disabilities. The injuries also resulted in a loss of income or loss of earning capacity. Medical expenses can easily reach tens of thousands of dollars or even more. Victims may also require future medical care.
Attorneys who are experienced and skilled at handling these types of cases take these and other factors, including whether there are visible injuries like scars; the impression made by the victim, driver and witnesses; even the history of other case settlements and recoveries in the venue where the trial would take place. Insurance company adjusters often act as though there is a single definite value for each type of injury. The reality, however, is that there is no magic formula for determining the value of a case. These are complex cases involving devastating, life-changing injuries and the settlement should reflect this.
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