Fracture Types and Their Impact on Value
Broken bones are common in personal injury cases, but not all fractures command the same settlement value. The type of fracture, the bone affected, the treatment required, and the long-term prognosis all influence compensation. Understanding these distinctions helps set realistic expectations and justify higher demands for severe fractures.
Simple Fractures
Simple or closed fractures where the bone breaks but does not pierce the skin typically require casting and immobilization. Healing occurs within six to eight weeks with minimal long-term consequences. Settlement values for simple fractures are moderate, reflecting the temporary nature of the injury but acknowledging the pain and inconvenience involved.
Compound Fractures
Compound or open fractures occur when the broken bone protrudes through the skin. These injuries are medical emergencies requiring immediate surgery to clean the wound, prevent infection, and stabilize the bone. The risk of infection, delayed healing, and non-union is significant. Compound fractures command substantially higher settlements due to the severity of treatment and risk of complications.
Displaced and Comminuted Fractures
Displaced fractures occur when the bone fragments separate and misalign, requiring reduction to restore proper anatomy. Comminuted fractures shatter the bone into multiple pieces, often necessitating surgical hardware including plates, screws, and rods. Both types involve complex treatment, longer recovery, and higher risk of permanent impairment.
Fractures Requiring Surgery
Any fracture requiring open reduction and internal fixation increases settlement value significantly. Surgery introduces risks of anesthesia complications, infection, nerve damage, and hardware failure. The presence of permanent metal implants may cause ongoing discomfort and complicate future medical procedures. Surgical fractures also generate substantial medical bills that increase economic damages.
Location Matters
Fractures in certain locations carry higher settlement values due to functional importance and visibility. Facial fractures affect appearance and may require plastic surgery. Hand and wrist fractures impair dexterity and earning capacity. Hip and femur fractures in elderly victims can trigger cascade complications including bedsores, pneumonia, and death. Skull fractures risk brain injury with lifelong consequences.
Complications That Increase Value
Fracture complications transform otherwise routine injuries into high-value claims. Non-union occurs when the bone fails to heal, requiring bone grafting and additional surgery. Malunion occurs when the bone heals in a deformed position, causing functional impairment and requiring corrective osteotomy. Infection in open fractures can cause osteomyelitis, a chronic bone infection requiring long-term antibiotics and potential amputation. Nerve damage adjacent to fracture sites may cause permanent numbness, weakness, or paralysis.
Documenting Fracture Claims
Strong fracture documentation includes initial X-rays showing the break, operative reports describing surgical intervention, post-operative X-rays showing hardware placement, and follow-up imaging demonstrating healing progress. Physical therapy records document range of motion recovery and functional limitations. Vocational evidence may be necessary if the fracture impairs job performance.
An attorney experienced in fracture cases can ensure all complications are identified and documented before settlement. Accepting an early offer before the full extent of healing and complications is known risks leaving substantial compensation unrecovered.