What’s a Good Settlement for a Broken Bone in Indiana?

Every injury case is unique, and it is impossible to put a value on any injury case without examining the facts. However, our lawyers can give you some information to help you understand what your injury case might be worth and whether the settlement offer you received is good or not.

Broken bone cases should take into account at least three major areas of damages: medical bills, lost wages, and pain and suffering. In these cases, pain and suffering can be quite high, and the medical care costs can involve imaging, multiple specialist visits, and even surgery. Lost wages are also potentially high for at least 4-6 weeks while you heal, depending on your job.

Never accept damages before calling our Indiana personal injury lawyers at Wruck Paupore for a free case review at (219) 322-1166.

Damages Available in a Broken Bone Injury Case

Broken bone cases – and most personal injury cases – often involve three major areas of damages:

Medical Bills

The cost of treating a broken bone is often surprisingly high. In nearly every case, you will need X-rays or potentially even CT scans or MRIs to confirm the break before casting or splinting it. You may also need surgeries to reset bones, install pins and screws, etc.

A broken bone also means seeing a specialist, typically an orthopedist or even an orthopedic surgeon, which is also more expensive than seeing a general practitioner.

Lost Wages

Some jobs simply cannot be done with a cast on, regardless of where the broken bone was. Other breaks – such as a broken rib or collar bone – can make working or even breathing regularly impossible.

If you need your hands for work, a cast on the hand or arm might stop you from working. If you need to walk or move around, a cast on the foot or leg would do the same thing.

In any case, the specific break and the severity will determine how long you cannot work. But keep in mind that most breaks take at least 4-6 weeks to heal, which can mean substantial time missed at work.

Pain and Suffering

Broken bones hurt, and the pain doesn’t go away once a cast is on. In fact, casts can be incredibly itchy and uncomfortable, and they can potentially even lead to secondary infections (e.g., staph infections).

In the meantime, the effects on your everyday life can be a pain: bathing restrictions so you don’t wet the cast, inability to dress yourself normally, or help needed around the house.

Especially with something like a broken rib, pain with every breath can be worth high damages.

What is the Average for Broken Bone Cases?

We cannot provide an average for broken bone cases for a few reasons:

• Every break has a different result for each person, and so the effects – and therefore the damages – are always going to be different.
• Many broken bone cases involve additional injuries, such as multiple breaks, cuts and scrapes, or concussions. We cannot parse out which damages are for the broken bone versus the other injuries, even if we had good data on settlement amounts.
• We don’t have good data on settlement amounts because there is no good public record of these settlements, and many settlements happen out of court or confidentially.

Factors that Affect What Your Case is Worth

You can start to calculate or estimate the damages in your case by looking at medical expenses and lost wages. Then, you can take that total amount again as a very loose estimate of the pain and suffering, though many broken bone cases involve double, triple, or even quadruple that amount for pain and suffering.

However, the following factors can adjust your damages up or down:

• More severe breaks (compound fractures that break the skin, bones broken into multiple pieces) are often worth more.
• Breaks are often harder to heal for older adults, leading to longer healing times, more lost wages, and bigger impacts on your daily life.
• Multiple fractures mean more pain, more medical bills, and more suffering.
• A broken neck or spine is always going to come with the possibility of permanent pain and discomfort or even total or partial paralysis.
• The hassle of using crutches, a scooter, or a wheelchair can get you additional compensation.
• Having a broken bone that doesn’t affect your ability to work results in lower lost wage damages.

Never trust the defense or their insurance to get these calculations correct; always consult with our Indiana personal injury attorneys.

FAQs for Broken Bone Settlements in Indiana

What is a “Settlement” vs. an “Award”?

If you accept damages from the defense and agree to end the case in exchange, that is called a settlement. If the case goes all the way to trial and the jury decides damages, that is called an award.

Settlements do not necessarily reflect the actual value of the damages in the case, because there are many reasons you might end the case early instead of pressing on to trial. As such, jury awards might more accurately represent the actual value of the damages.

Should I Settle or Go to Trial?

Our lawyers often pursue negotiations with the insurance company and file a claim in court simultaneously to prevent delays and keep up the pressure on the defense. However, if they are willing to settle for a fair value and pay all of your damages, there is usually no reason to go to trial.

You should always work with a lawyer to put an accurate value on your case instead of trusting the insurance company’s values.

How Long Does it Take to Get Damages in a Broken Bone Case?

The facts on the ground will always dictate how long it takes to end the case, with complex cases often taking longer to resolve. In any case, if the claim has to go to trial, it can take upwards of a year.

Low-dollar cases and simpler cases can often be settled in a few months if the insurance companies are cooperative.

Do I Need a Lawyer?

Yes, you should always work with a lawyer to put a proper value on your case. The insurance companies will often work to lower damages for themselves, and their valuation might not be correct.

Cutting damages down in the area of pain and suffering is especially common with broken bones.

What Constitutes Pain and Suffering for a Broken Bone Case?

Pain and suffering is often half – or even more – of the total damages in an injury case. These damages represent the non-economic and intangible harms you suffer, such as pain, discomfort, embarrassment, and emotional distress.

These damages come standard with any injury case, and broken bones often have more pain than the average injury. Your damages should always be calculated by a lawyer.

Call Our Indiana Personal Injury Attorneys Today

For help with your case, call Wruck Paupore’s Indianapolis personal injury lawyers at (219) 322-1166.