There are a number of factors that determine the value of your case or the amount of money that you should be compensated for a fractured bone injury.
Now if you’ve got a fractured bone injury, how can that impact on the value of settlement or the court award that you’re likely to receive?
Of course, any dollar amount will depend on a number of unique facts about your case, but there are common factors that apply to anyone with multiple fractures or a broken bone. Having said that, the rest of this article will be looking at the key factors that determine the value of a fractured bone injury.
The most important factor in any form of personal injury is the nature of the medical evidence you’re planning to present to the jury. Usually, when someone has a fractured or a broken bone, a radiologist takes X-ray images that clearly show how severe the injury is. As such, there will be no debate as to what extent a particular bone was actually broken or fractured. In other words, bone injuries are somewhat indisputable.
The parties value of the case
“Valuing” a case can be translated to mean; estimating what the jury might eventually decide to award the plaintiff while bearing in mind what the defendant is willing to pay. In most cases, both parties have to agree on the amount to be paid while settling the injury case before the actual trial.
Needless to say, the two important questions that usually pop up at this stage are;
1) what’s the extent of the complainant damages—how bad is the broken bone?
2) How likely will the jury find the defendant responsible for the damage if the case is tried out in court?
Estimating the complainant’s damage
Making an accurate guess of what the complainant is likely to receive can somehow be difficult for one major reason: it’s only the jury that has the power to decide on the amount that the defendant should pay the plaintiff after the trial.
For concrete damages—like lost wages and medical bills, predictions can easily be made since there will be accounts to show what the plaintiff has already paid or what he (or she) will have to pay or lose.
But for subjective damages—like pain and suffering, estimates are better left for an educated guess (which takes into account the awards that broken-bone- plaintiffs in the past have actually been receiving).
How was the plaintiff affected by the fractured bone Injury?
Another factor that determines the value of damage is how the broken bone affected the plaintiff. For instance, if the complainant was an active person who loved sports and participating in outdoor activities before the injury, his damage will be based on “the –loss-of-quality-life,” and will therefore be valued higher by the jury than the value of a similar plaintiff who was physically inactive before the fracture.
If the complainant had another fracture
If the complainant had another fracture before the injury that made him (or her) more vulnerable to the second injury, then the settlement value will certainly go down unless otherwise.
If the injury prevented the plaintiff from earning a living
If the injury prevented the complainant from earning a living like he or she used to before the injury, then the plaintiff could be compensated the full extent of diminished earning capacity or the lost wages.
Did the injury occur at the place of work?
An injury that occurs at the place of work will typically be paid by the workers’ compensation scheme. Apparently, the amount of worker’s compensation varies from one state to another. But in many cases, if the injury is not that severe or, say, it didn’t leave the plaintiff disabled or make him go for a surgery, then the worker’s compensation will be low.
The chances of the defendant being found liable
The likelihood of the defendant being found liable can greatly determine the valuing of a case. If the evidence presented are little and do not stand a better chance of finding the defendant liable for the complainant’s broken bone, the defendant will certainly be hesitant towards paying high settlement amounts. Even if the damages are high, the respondent will prefer to take his chances in court if the plaintiff insists on receiving high settlement awards.