Broken Ankle Settlement Amounts | Car Accidents, Falls, And Personal Injury Claims
A broken ankle can be a debilitating injury that can cause significant pain and hardship for the person affected. If the injury was caused by the negligence of another party, the victim may be entitled to financial compensation through a personal injury claim. In this blog post, we will explore the average settlement and compensation possibilities amount for victims that sustain broken ankle injuries in car accidents, slip and falls, and similar personal injury claims. We will also discuss the factors that can affect the outcome of such a claim and the steps you can take to increase your chances of receiving a fair settlement.
Understanding Broken Ankle Settlements
Victims often suffer ankle fractures in personal injury actions, a painful and debilitating outcome of an accident. Ankle fractures occur when too much force is placed of the joint that connects the tibia, fibula and talus bones; or when one or more of those bones break as a result of collision trauma. Common causes of ankle fractures include a fall from a height, car accidents, sports activities, and slipping hazards like wet surfaces or ice. A doctor generally diagnoses an ankle fracture after taking x-rays, ultrasound scans and stress tests.
Treatment options for these injuries vary depending on the severity and location, but typically involve immobilization with splints or casts followed by physical therapy to restore range of motion and muscle strength. It’s important not to overlook the psychological impact victims suffer from ankle fractures due to pain and loss of independence from restricted mobility.
Factors That Affect Your Broken Ankle Settlement Amount
Broken ankle settlements in a personal injury claim are calculated based on several factors, including the severity of the injury, the expected recovery time, and the impact the injury will have on the person's life and ability to work.
Severity of Injury
The severity of the injury is one of the most important factors considered when calculating a settlement. A more severe injury, such as a complex fracture, may result in a larger settlement than a simple fracture.
There are several types of complications that can occur as a result of a broken ankle, some of the most common include:
Arthritis: A broken ankle can increase the risk of developing arthritis in the joint later in life.
Nerve damage: Nerves in the ankle can be damaged during the injury or during surgery, leading to numbness, tingling, and weakness.
Blood clots: People with broken ankle are at risk of developing blood clots in the legs, which can be life-threatening if they travel to the lungs.
Infection: Open fractures, particularly those that are not properly cleaned and treated, can be at risk of developing an infection.
Reflex sympathetic dystrophy (RSD): This is a rare complication that occurs when the sympathetic nervous system is damaged during the injury or surgery, causing chronic pain, swelling, and stiffness in the affected limb.
Post-traumatic osteoarthritis: long-term pain and stiffness in the joint and can make it difficult to walk or perform other activities.
Additionally, the expected recovery time will also be taken into account. A longer recovery time may result in a larger settlement as the person will be unable to work for a longer period of time.
The impact the injury will have on the person's life and ability to work will also be considered. For example, if the person is unable to return to work, or has a permanent disability, the settlement may be larger.
Surgical Needs
The degree of medical intervention required to repair a broken ankle fracture is a major factor in determining the proper range of settlement compensation a personal injury client is entitled to. Any surgeon is significant, and should be viewed as a way for an experienced attorney to at-least argue for the full policy limit of most insurance coverage policies. Additionally, some surgeries
One common type of surgery is open reduction and internal fixation (ORIF). This procedure is used to reposition the bones and then hold them in place with screws, plates, and/or pins.
Another type of surgery is arthroscopy, which is a minimally invasive procedure that is performed through small incisions. Arthroscopy can be used to remove loose fragments of bone, repair ligaments, or clean out the joint.
For some fractures, an external fixation device may be used. This is a device that is attached to the bone on the outside of the skin and is used to stabilize the bone while it heals. In some cases, a person may need to have an ankle fusion surgery which is a procedure where the bones of the ankle joint are fused together to provide stability and reduce pain. It is important to note that surgery is not always necessary and treatment options such as bracing, casting, and physical therapy may also be considered.
Future Treatment Needs
A personal injury settlement related to an ankle fracture is impacted by how well the ankle heals and what future needs might be necessitated. Some individuals may require ongoing physical therapy to regain strength, flexibility, and range of motion in their ankle. Others may need additional surgeries to address complications or further improve the function of their ankle. Individuals who experience ongoing pain or disfigurement may also need pain management techniques, such as prescription medication or nerve blocks. In some cases, individuals may also require assistive devices, such as crutches or braces, to help them walk and carry out daily activities. It is important for individuals who have suffered broken ankles to regularly follow up with their healthcare provider to monitor their recovery and address any future treatment needs. Early intervention and proactive management can greatly improve the long-term prognosis and help prevent complications.
Disfigurement
A surgically repaired ankle can still result in ongoing difficulties for a person, despite the procedure being performed with the intention of improving their condition. Disfigurement may occur if the surgical incision or scarring is noticeable or unsightly, affecting the appearance of the ankle. Reduced range of motion can result from scar tissue formation or muscle weakness, making it difficult for the person to perform everyday activities that they used to do with ease. Ongoing nerve pain can also be a result of the surgery, as nerves may be damaged or irritated during the procedure, leading to chronic pain that can persist even after the ankle has healed. These ongoing issues can greatly impact a person's quality of life and mobility, making it important retain legal counsel that can properly fight for compensation related to your ongoing medical complications.
How to Calculate Your Fractured Ankle Settlement
Calculating a settlement for a broken ankle can be a complicated process, as several factors come into play. Here is a step-by-step guide on how to calculate your broken ankle settlement:
Determine the cost of your medical expenses
This includes all of the medical bills related to your broken ankle, such as hospital stays, surgery, doctor visits, and rehabilitation. Make sure to keep all of your medical receipts and bills for this purpose.
Calculate your lost wages
If you were unable to work because of your broken ankle, you may be entitled to compensation for your lost wages. Be sure to calculate your average weekly wage and the number of weeks you were unable to work due to your injury.
Determine the value of your pain and suffering
This is a subjective factor that can be difficult to quantify, but it can have a significant impact on your settlement amount. Pain and suffering can include physical pain, mental and emotional distress, loss of enjoyment of life, and more.
Consider the circumstances of your accident
The circumstances of your accident can play a role in determining your settlement amount. For example, if the accident was the result of someone else's negligence, this can increase the value of your personal injury settlement.
Hire a personal injury lawyer
A personal injury lawyer can help you calculate your settlement amount based on the factors mentioned above, and can negotiate with the insurance company on your behalf to help you get the best possible settlement.
Evaluate settlement offers
When an attorney evaluates settlement offers in where the client has suffered a broken ankle, they consider the specific facts and circumstances surrounding the injury. The attorney will review medical records and evaluations to assess the extent and severity of the injury, including any surgeries, treatments, ongoing medical needs, while considering the impact of the broken heel on the client's daily life.
Oftentimes, ankle fractures impact a client's ability to work, perform household tasks, and engage in leisure activities. The strength of evidence supporting liability on the defendant, the strength of the evidence, as well as any potential defenses that may be raised often effect how an attorney reviews an insurance company's offer to settle. Given the seriousness and potentially long-term effects of a broken heel, the attorney will fight compensation that fully compensates the client for their current and future medical expenses, lost wages, and pain and suffering. The client's goals and desires, such as their preference for a quicker resolution or their willingness to take the case to trial if necessary are also major factors when negotiating for a settlement offer is fair and in the best interest of the client.
How The Type of Personal Injury Case Effect The Overall Settlement
In personal injury cases involving broken ankles, the type of case and the specific circumstances can have a significant impact on the overall settlement. Factors such as the level of negligence, the insurance policy limit of the defendant, and the strength of the evidence can all play a role in determining the settlement amount. Understanding these factors and how they can affect a personal injury case can be crucial for those seeking compensation for their injury.
Car Accidents
Auto insurance coverage limits play a crucial role in determining the amount of compensation that can be received in personal injury claims involving fractured ankles. Across the United States, most motorists only purchase the required State minimum policy limit. However, clients that suffer from complex leg injuries, such as in a head-on collision, are entitled to more than the lowest policy amounts. In most circumstances first party insurance policy benefits, such as uninsured motorist benefits and uninsured motorists benefits, can provide the victim an additional monetary sum. Personal injury protection and medical pay can also assist. These components of an automobile insurance plan cover the healthcare expenses associated with a car accident.
Motorcycle Accidents
Motorcyclists often suffer broken ankles in crashes because of the lack of protection that motorcycles provide compared to other vehicles. In the event of a crash, motorcyclists are more likely to be thrown from their bikes and make contact with hard surfaces like pavement or the side of a truck, which can result in significant force being absorbed by their ankles. Additionally, if a motorcyclist collides with a pedestrian, the force of the impact can also cause an ankle fracture. Although bikers often experience leg injuries, this doesn't always result in a higher settlement compared other types of vehicle accidents. Settlement recoveries for motorcyclist are dependent upon the same policy limit restrictions are those involved in passenger car accidents.
Slip and Falls
Most commercial stores carry general liability insurance, which provides coverage for accidents and injuries that occur on the store's property. This type of insurance can help cover the costs of medical expenses and other damages in the event of a slip and fall injury up to the policy limitation, which is usually $500,000 to one million dollars. Certain accidents also provide more specific forms of coverage, such as Airbnb Host Liability Insurance when guests suffer bodily injures within a short time rental. If the victim was an employee of the store at the time of the injury, they may be eligible for workers' compensation insurance. This type of insurance provides coverage for medical expenses and lost wages related to a work-related injury.
Construction Site Injuries
Similar to injuries that occur within stores or restaurants, work-related personal injury claims generally involve policy limits ranging from $500,000 to $1 million. The specific policy limits will depend on the type of insurance and the specific commercial policy that the company maintains. It's important to understand the settlements and verdicts related construction sites can easily exceed the policy limit, resulting in the company being liable to the access sum. Experiencing a broken ankle does not in itself entitle a plaintiff to the a million dollars as the compensation range is specific to a client's circumstance.
Typical Ankle Fracture Recoveries
The typical ankle fracture settlement in a personal injury claim can vary greatly, but on average, settlements can range from several thousand dollars to hundreds of thousands of dollars, depending on the specific circumstances of the injury and the victim's situation. Some factors that can influence the settlement amount include the extent of the medical treatment required, the impact the injury has on the victim's daily life and future earning potential, lost wages, pain and suffering, future medical expenses, and whether the injury resulted in a permanent disability. It's important to keep in mind that each case is unique and that settlement amounts can vary greatly based on the specific facts and circumstances involved. In some cases, the victim may be able to negotiate with the insurance company for a higher settlement or pursue legal action to recover the full amount of their damages.
Average Broken Ankle Settlement
The average broken ankle settlement for non-surgical cases is between $20,000 - $30,000, while cases requiring surgery generally have an estimated case value of $100,000 - $200,000. The amounts noted change greatly depending on severity of the break and degree of medical care required.
Valuing Pain & Suffering
When it comes to ankle injury settlements, pain and suffering can play a significant role in determining the final amount of compensation. If an individual requires surgery as a result of their ankle injury, the settlement amount is likely to increase. This is especially true if the individual requires more than one surgery, as is often the case with trimalleolar or bimalleolar breaks.
The screws used to fix the breaks in the ankle may also cause irritation and infections, leading to increased pain and suffering. Additionally, physical therapy, the onset of arthritis, and even the recommendation for future ankle fusion can all contribute to increased pain and suffering.
All of these factors can significantly impact the final settlement amount in an ankle injury claim, as they are taken into consideration when evaluating pain and suffering damages. Therefore, it's important for individuals who have suffered an ankle injury to understand the full extent of their injuries and the potential impact on their settlement.
Why Do Insurance Companies Undervalue Ankle Fractures
Insurance companies and insurance adjusters may undervalue ankle fractures because, like any injury, the cost of an ankle fracture claim can be difficult to quantify. The value of an ankle fracture case may depend on factors such as the severity of the injury, the length of recovery, and the impact on the individual's ability to work and engage in normal activities.
Additionally, insurance companies and adjusters may try to minimize the value of an ankle fracture by arguing that it is a common injury and that the individual will make a full recovery. They may also try to use medical evidence to downplay the severity of the injury or the individual's level of pain and suffering.
Another reason is that the insurance company's main goal is to make a profit, so they may try to settle claims for as little as possible to keep their costs low. This may lead them to undervalue claims, including those for ankle fractures, in order to save money.
It's important to keep in mind that an attorney experienced in personal injury law can help ensure that you receive fair compensation for your ankle fracture.
Consult With A Personal Injury Attorney Regarding Your Settlement
It is highly recommended that you consult with a personal injury attorney before accepting a settlement for your broken ankle. An attorney with Sneed & Mitchell LLP who specializes in personal injury cases can help you understand your rights and determine the full value of your claim, including all the damages you may be entitled to recover. When interviewing potential law firms, make sure the attorney offers free case consultations and handles the case on a contingency fee basis. A good lawyer can also negotiate with the insurance company on your behalf to secure a fair settlement that covers the full extent of your losses.
If the insurance company is not offering a fair settlement, an attorney can help you understand your options for pursuing legal action. They can also assist you in gathering and presenting evidence to support your claim, such as medical records and witness statements, and represent you in court if necessary.