Every year, thousands of Floridians experience serious bone fractures from unexpected accidents.
From slips and falls to car crashes, a broken bone can disrupt daily life and lead to hefty medical bills, missed work, and intense pain. While many turn to PIP insurance or a lawsuit for compensation, one question always looms: How are settlements for broken bones determined in Florida?
It’s a question worth asking because the answer can impact the compensation you receive and how you move forward with your recovery.
At Prosper Shaked Accident Injury Attorneys, PA., our personal injury lawyers know the uphill battle you face when trying to get a settlement after an injury accident. We also know the factors that can influence a settlement. If you want to receive maximum compensation for your injuries after a serious accident in Florida, contact our law firm so we can help you explore your legal options.
The Basics of Settling a Personal Injury Claim in Florida
When you’re dealing with a broken bone, the pain is enough to worry about — but the financial impact can add another layer of stress. Broken bones don’t just mean physical pain; they bring medical expenses, therapy, and sometimes long-term lifestyle changes.
Settlements are intended to help you recover these costs and compensate for other losses you may have experienced. In Florida, this typically involves negotiating with the at-fault party’s insurance company or, if that fails, pursuing a lawsuit.
Florida follows a “modified comparative negligence” rule, which allows injured parties to pursue compensation even if they were partly at fault. According to the Florida Statutes, section 768.81, you can still seek a settlement even if you’re partly to blame for the accident. However, your compensation may be reduced by the percentage of fault you share. So, if you were found to be 20% responsible for the accident, your settlement might be reduced by that amount.
In addition, Florida is a no-fault state. This means that you must first turn to your own Personal Injury Protection (PIP) insurance policy to collect compensation. However, PIP doesn’t pay for everything. This is why hiring an experienced car accident attorney is crucial.
Factors That Influence Settlement Value for Broken Bones in Florida
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When it comes to determining settlement amounts for broken bones, your specific injury matters. The worse your injury, the more compensation you might need to recover. Here are some key factors in determining settlements for broken bones:
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- Type of Bone Fracture
- Location of the Break
- Medical Costs
- Whether the fracture required surgical repair
- Pain and Suffering
- Lost Wages and Future Earning Potential
A clean, simple fracture might have a quicker healing time and less long-term impact, potentially leading to a lower settlement. On the other hand, complex fractures — like compound or comminuted fractures — can result in higher settlements due to extended recovery times, increased medical costs, and the possibility of ongoing pain or disability.
In addition, the location of the break is significant. A fractured femur may prevent you from walking, while a broken finger might significantly affect your ability to work, especially if you work with your hands.
Types of Broken Bones
The type of bone fracture you experience plays a big role in determining a settlement amount. Each type of break brings unique challenges in terms of recovery, medical care, and lifestyle impact, which are all considered in a personal injury claim.
- Simple Fractures. A simple or closed fracture breaks the bone without puncturing the skin. These typically require less intensive treatment, such as casting or splinting, but can still impact daily life and work.
- Compound Fractures. In compound fractures, the bone pierces the skin, raising infection risks and often requiring surgery. Settlements for these severe injuries are generally higher, reflecting the cost of medical treatment, potential future surgeries, and prolonged recovery times.
- Comminuted Fractures. Comminuted fractures involve the bone shattering into several pieces, requiring surgery and a long recovery. Settlements tend to be substantial, accounting for complex medical procedures and any long-term disability.
- Stress Fractures. Stress fractures are small cracks due to repetitive stress rather than a single injury.
- Transverse, Oblique, and Spiral Fractures. These fractures involve different break patterns—horizontal (transverse), angled (oblique), or spiral breaks caused by twisting. Depending on the severity, they may require surgery and extended recovery, affecting the settlement amount due to medical and rehabilitation costs.
- Greenstick Fractures. Greenstick fractures are most common in children. This type of fracture occurs when a bone bends rather than fully breaking. While simpler to treat, these breaks can still disrupt daily routines, especially for families, and settlements may cover treatment and associated impacts.
- Impacted Fractures. When the bone ends are driven into each other, creating an impacted fracture, it often requires realignment. Settlements here cover treatment and consider the pain and potential complications from this break.
Each fracture type carries distinct medical implications, directly impacting the potential compensation for pain, medical costs, and time away from work or daily activities. Generally, the more complex or severe the fracture, the higher the settlement is likely to be.
What Is a Typical Settlement For a Broken Bone Injury in Florida
Because every injury is different, the range for broken bone settlements varies widely. However, more severe fracture injuries often lead to six-figure settlements or higher.
For example, consider a broken arm sustained in a car accident on the bustling streets of Miami. If the injury led to months of physical therapy, forced time off work, and chronic pain, you might be looking at a settlement in the tens of thousands or higher, depending on your specific circumstances. However, a more severe injury, such as a broken pelvis that requires surgery, can potentially result in settlements of well into the six or even seven figures, especially if it leads to permanent limitations.
While settlements vary significantly, an experienced Florida personal injury attorney can give you an accurate estimate of how much your broken bone injury is worth. However, looking at national averages for settlements can offer some insight into what you might expect for certain types of bone injuries common in accidents.
While each case varies, here are some typical settlement ranges for different types of broken bones often seen in car accidents and other personal injury cases:
- Leg Fractures: Broken legs are common in car accidents and can be costly due to the impact on mobility and the potential for long rehabilitation. Settlements for broken legs can easily reach $100,000 or more, especially if surgery and physical therapy are required.
- Arm Fractures: Broken arms can significantly affect a person’s ability to perform daily tasks and work, especially if the injury affects the dominant hand. Settlements for arm fractures can reach as high as $70,000, depending on severity.
- Back Fractures: Fractures in the back or spine are among the most serious and costly, often resulting in significant medical expenses and lasting pain or disability. Settlement amounts for back fractures can vary widely, reaching millions of dollars in severe cases.
- Shoulder Fractures: Shoulder injuries, including fractures, can restrict mobility and require lengthy recovery periods. Average settlements for broken shoulders can easily reach $125,000, depending on whether surgery and extensive rehabilitation are needed.
- Facial Fractures: Facial bones can be broken in high-impact accidents, leading to costly treatment, especially if reconstructive surgery is involved. Settlements for facial fractures can reach up to $100,000 or higher, especially if there is any long-term scarring or disfigurement.
These averages provide a broad idea, but only a qualified lawyer can assess the specifics of your case, consider the unique circumstances, and give you a clearer understanding of what compensation may be fair in your situation. A consultation can help you understand how local factors, like specific Florida injury laws, apply to your case.
The Importance of Evidence and Documentation After a Broken Bone
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In Florida, personal injury claims rely heavily on evidence. For a broken bone injury, strong medical record is crucial. Medical documentation shows the severity of your injury, your treatment path, and your progress, all of which are important for settlement calculations.
- Diagnostic Tests
X-rays, MRIs, and CT scans offer clear evidence of the type and severity of the fracture. This documentation establishes that your injury is legitimate and requires medical intervention, an essential point when negotiating a settlement. - Physician and Specialist Notes
Detailed reports from your doctor, surgeon, or physical therapist offer insights into your recovery progress, ongoing limitations, and whether the injury will have lasting effects. This helps illustrate the impact on your daily life and future. - Pain and Recovery Journal
Sometimes, clients find that keeping a pain and recovery journal makes a difference in their claims. While it may sound unconventional, recording your physical pain, emotional struggles, and recovery progress provides a human element that medical records alone can’t fully convey.
Proper documentation isn’t just about proving the injury; it’s also about illustrating how your life has been affected. If you want a fair settlement for your broken bone, this documentation is critical. Your side of the story often resonates with the jury and can pressure insurance adjusters to offer a higher settlement.
Should I Accept a Settlement for a Broken Bone in FL?
Cases focusing on broken bones and other injuries often settle out of court. However, before you sign anything, you must speak to an experienced injury lawyer to make sure you’re getting all the damages you’re entitled to.
In many cases, settlement offers are simply too low to cover all of your needs. The at-fault party and their legal team do not have your interests at heart, especially in cases where you are suing a large company, like in a product liability case or commercial truck accident case. These big legal teams may try to pressure you into accepting a low settlement offer by telling you your case is weak or that you don’t have a case. In many cases, they are simply trying to shut down legal claims to avoid paying trial costs and eventual damages.
Never Settle Your Case Before Consulting a Personal Injury Lawyer
Miami personal injury lawyer Prosper Shaked of Prosper Shaked Accident Injury Attorneys PA represents victims of serious injury cases. If you broke a bone in a slip and fall accident, car crash, or another accident, call our law offices for a free consultation before accepting a settlement offer. Work with an experienced personal injury lawyer so you aren’t left wondering where your injury settlement money is. For your free consultation, call our law offices today at (305) 694-2676.