It’s normal to worry about the compensation you can expect after suffering a broken bone or fracture from an accident. After all, you’re nursing a serious injury that was someone else’s fault.
Broken bone injuries are common in California’s personal injury cases. They can occur from car crashes, slip-and-fall accidents, motorcycle wrecks, workplace accidents, and so on. When you suffer such an injury, it can be difficult to calculate the amount of settlement you’ll receive without considering a few factors.
A personal injury lawyer can also help you quantify this and other damages from an accident to ensure that you’re claiming a sufficient amount.
Whether You Were Partially at Fault
California is a comparative fault state, which means that your settlement might be reduced according to your percentage of fault.
Many insurers will use California negligence laws to their advantage and try to reduce your settlement by pinning some fault on you. But with sufficient evidence, your lawyer can prove that the defendant was fully at fault.
Existing Fractures Worsened by the Accident
The insurance company might also reduce your final compensation if the medical report shows that you had an existing complication or fracture that worsened with the accident.
The defendant might argue that even though the accident caused a broken bone, they’re not fully liable for the injury’s extent because you were already susceptible.
Is the At-Fault Party Likely to Be Found Liable During a Trial?
How likely is your case to be fair if it goes to trial? How much is the jury likely to award you?
Strong, successful cases that go to trial are likely to fetch a higher settlement in court than with an out-of-court settlement. If this looks like it’ll be the case for you, the insurer is likely to award you the full amount on your claim rather than risk going to trial.
How the Injury Affects Your Life
A hard tissue injury like a broken bone can affect your life in a significant way.
First, the physical pain and emotional suffering caused by the injury can feel overwhelming or require expensive medical procedures and medication. Second, your injury attorney will consider how long you’ve had to stay out of work. Sometimes a broken bone can mean that you’ll never work again or carry your work duties as effectively as before the injury.
Finally, the settlement you receive will depend on how a broken bone impacts your life in particular. For instance, a plaintiff whose active hobbies include sports might get higher compensation than one who’s not as physically active.
Get More Help from a Personal Injury Lawyer in California
The amount that you receive as compensation for a broken bone depends on other factors beyond total medical costs. If you’ve suffered this or other types of injuries from an accident caused by someone else, liaise with a personal injury lawyer from the Crowell Law Offices. Not only will an attorney determine the amount of settlement you should receive, but they can also help you negotiate with the insurer.
Call us at 916-303-2800 or fill out our contact form to get started with a free, no-obligation consultation.