Compensation for Broken Bones in Personal Injury Cases

In personal injury cases, broken bones, also known as fractures, are major injuries that can lead to devastating, sometimes lifelong complications requiring costly treatment and therapy. Bones are fractured through various means that include accidents, negligence, or deliberate assault. Rehabilitation success depends on the type of bone injury and the type of fracture. The costs of restoring mobility can run into the thousands or tens of thousands. Those injured through someone else's negligence have the right to recover their economic and non-economic losses.

Types of Bone Injuries

Certain bone injuries not only cause severe pain, but can result in severe immobility that require months, maybe years, of therapy. These injuries include:

  • Leg 
    • femur (thigh bone);
    • tibia (shin bone);
    • fibula (lower leg); and
    • patella (kneecap)
  • Arm
    • humerus (upper arm)
    • radius and ulna (forearm)
  • Joint
    • hip
    • knee
    • ankle
    • shoulder
    • elbow
    • wrist

Injuries to the femur can cause life-threatening complications such as infections and nerve damage. Other break complications include chronic pain, immobility, orthoarthritis, and incomplete healing. Symptoms include severe pain, swelling, bruising, deformity, and an inability to walk or move.

Types of Leg Fractures

The types of leg fractures include:

  • Compound (Open) Fracture - the bone has broken through the skin
  • Closed Fracture - the bone does not break through the skin
  • Complete Fracture: The bone has broken into two pieces
  • Comminuted Fracture: The bone is broken into several pieces
  • Incomplete Fracture: The bone is cracked and not completely broken
  • Displaced Fracture: Broken bones are misaligned
  • Colles' Fracture: Break in the radius near the distal end (wrist)
  • Greenstick Fracture: Bone has cracked, but is not broken
  • Buckle Fracture: One side of the bone "buckles" or bends because of compression on the other side of the bone.

Treatment

Treatment can be a long and costly process. Types of treatments for fractures include:

  • Immobilization with a splint or cast requiring the use of a cane or crutches
  • Manual bone(s) realignment
  • Surgery to adjust or realign, sometimes by inserting plates, screws or rods
  • Types of medication that include pain relievers, muscle relaxants and anti-inflammatories
  • Rehabilitation

Compensation

In personal injury cases, the responsible party, either through his negligence or deliberate actions, is liable for the costs arising from the plaintiff's injury(ies). Compensatory damages are the usual restitution for those who have been injured. These payments are intended to make a plaintiff "whole" again, although oftentimes money cannot fully compensate for the diminishment in the injured party's quality of life or, in the extreme, the loss of a loved one.

Compensatory damages can cover both economic losses and non-economic losses. Economic losses include actual out-of-pocket expenses such as medical costs, treatment costs, loss wages, and the costs of hiring extra help. Courts also allow compensation for non-economic losses such as pain and suffering; emotional fallout such as anxiety and depression; and in some cases, loss of consortium.

Talk with an Attorney

If you were injured through someone's negligence, you may be able to recover for any economic loss that arises from your injury. You may also be able to receive remuneration for non-economic costs, as well. In the case of broken bones, you may have to undergo long and costly treatments that may devastate your finances just as the fracture has compromised your health. Talk with an experienced personal injury attorney to discuss the compensation that is due to you.

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