Fractures are common injuries caused by car, truck and motorcycle accidents due to the force and power exerted on the body during a collision and how easily the body can be thrown into contact with objects and debris. The Chicago auto accident attorneys at Rosenfeld Injury Lawyers have represented thousands of clients who suffered serious fractures. Our law firm knows how expensive and painful the physical recovery process can be. Even if a broken bone does not require extensive surgical intervention to heal properly, it can limit the victim’s ability to work or do the things he or she enjoys until the bone has fully healed.
- How Fractures Occur During Auto Collisions
- Types of Fractures Frequently Associated with Illinois Auto Accidents
- Facts and Figures on Broken Bone Accidents in Illinois
- How to Calculate What Your Broken Bone Claim Will Be Worth Following a Car Accident
- Treatment for a Broken Bone after a Car Accident
- Defenses to Broken Bone Claims from Illinois Car Accidents
How Fractures Occur During Auto Collisions
Speed is a major factor in automotive accidents and can contribute to the severity of injuries that victims suffer when involved in a collision. The sudden deceleration or jarring impact of a collision is capable of causing extensive harm even at lower speeds. Our Chicago auto injury lawyers work with victims suffering broken bones and other types of injuries. Some of the ways that a vehicle accident can cause a fracture include the following.
- Being thrown from a motorcycle and making an impact with the ground. Motorcyclists may also fracture or shatter bones if a body part is caught between two objects like their bike and the ground or two different vehicles.
- A crushing impact involving a commercial vehicle. Truck accidents can result in some of the most severe and catastrophic injuries occurring on the roads today. The sheer amount of power that is displaced when a massive truck comes into contact with a smaller vehicle is enough to bring devastation to all of the smaller vehicle’s occupants.
- Being thrown from a vehicle during a collision. If the victim is not wearing a seatbelt, he or she may be thrown from the vehicle during a high-speed collision or rollover event. In addition to likely lacerations and trauma to internal organs, victims tend to suffer bone fractures.
- Striking an object during an accident. It is a common defense mechanism for passengers to throw their hands in front of their faces during an accident, which can result in broken fingers, hands, and wrists. Being thrown into or caught between objects are also common causes of fractures and shattered bones.
Types of Fractures Frequently Associated with Illinois Auto Accidents
There are many different forms of fractures and each injury requires specific based on its type and location. All fractures are classified as either simple or compound before a more specific classification can be provided. A simple fracture occurs beneath the skin and does not result in any lacerations or protrusion of the bone from the flesh while compound fractures occur when the bone exits the body at some point during the injury. Before a doctor can prescribe a treatment plan for a fracture, it is important to identify what type of fracture it is and what methods must be used to set the bones back into place.
Here are some of the most specific forms of fractures.
- Incomplete fractures — These are only partial breaks of the bone when bone tissue is still held together by a portion of bone that has not broken through the skin.
- Linear fractures — These breaks occur down the length of a bone rather than across.
- Transverse fractures — A transverse fracture occurs perpendicular to the length of the bone.
- Oblique fractures – These breaks occur diagonally across the bone.
- Spiral fractures — A spiral fracture is caused by the twisting of a bone rather than blunt force and can be especially painful and difficult to treat.
- Comminuted fractures — Often the result of shattered bones, these fractures are defined as breaks that occur in multiple locations in the same bone.
- Impacted fractures — These breaks occur when one bone is forced into another, causing a fracture and possible dislocation.
Broken bones rarely pose any immediate danger to a victim’s life, but they can keep the victim sidelined for a significant period as he or she heals. Some fractures are far more difficult or painful to treat and may cause considerable pain and suffering throughout the recovery process. This is why it is important for you to pursue all avenues available to recover the financial compensation you need and deserve following a car, truck or motorcycle accident. You are entitled to recover damages for the cost of your immediate medical treatment as well as long-term care and surgical procedures. You can also recover recompense for the value of your lost wages, out of pocket expenses and pain and suffering.
Facts and Figures on Broken Bone Accidents in Illinois
Here are some important things to consider if you suffer a broken bone in an accident:
- The ten most common broken bones are the: arm , collarbone, ankle , foot, toe, hand , finger, leg, nose and jaw .
- The most common reasons for broken bones include trauma (from car accidents , falls, sports, etc.), overuse and Osteoporosis.
- Symptoms for broken bones include bruising, tenderness, deformities, pierced skin and swelling.
- Depending on how badly the bone is broken, the healing process can take anywhere from a few weeks to a few months.
- Without insurance, treatment for a broken bone without surgery can cost several thousand dollars and treatment with orthopedic surgery can cost tens of thousands of dollars.
How to Calculate What Your Broken Bone Claim Will Be Worth Following a Car Accident
Broken bone claims are generally suits for personal injuries. Accordingly, you can most likely recover the following damages:
- MEDICAL BILLS: You can collect for all medical costs associated with the accident including any surgeries, doctors visits, medications or rehabilitative care that you needed for your broken bones.
- LOST WAGES: If you could not work because of your broken bones, then you should fight for the lost wages that you suffered while recovering because the defendant owes them to you.
- SUFFERING: You can recover if your broken bones cause you long-term pain, emotional suffering, disability, disfigurement or other quality of life losses. Just because these injuries are intangible or invisible does not mean they are not real and does not mean defendants do not have to compensate you for them.
- PROPERTY DAMAGE: If the accident that broke one of your bones also damaged some of your property, then you can sue the defendant and recover for these losses as well.
Typically, there are a few things you can do to predict what range of compensation your case might achieve. Of course, nothing is 100% certain because juries and the facts can be fickle but you can estimate. To start, lineup all your expenses and costs from the event that led to your fractured bones. Then, multiply that number by 2 or three depending upon how significant your intangible injuries were (think pain and suffering, scars, changes in your standard of living, etc.). This should provide you with a good guide to what litigation might be worth to you. Of course, you can really only know for sure until you have met and consulted with an experienced attorney but this is a good place to begin.
Rosenfeld Injury Lawyers can help you translate your broken bone injuries into recovery. We will put all of our time and capacity to work to make sure you get the most compensation possible under Illinois law. Wondering how much that might be? Then give us a call and someone from the Rosenfeld Injury Lawyers will walk you through what might be possible.
Treatment for a Broken Bone after a Car Accident
In the preceding sections, we outlined common bone fractures that result from car accidents across Illinois’ roads, bridges, and other areas. Now, we want to briefly mention and discuss the subject of treatment and its relation to the value of your claims in court. Now, to be sure, there are a number of things that affect what course of treatment you pursue in coordination with your doctor. Here are some factors that might influence your choice of how to fix a fracture:
- What bones you broke.
- Where the fracture occurred on the bone.
- Your age and health prior to the car accident.
- The nature of the fracture including break angle and damage to the local area of the body such as a tear in the skin.
No matter how you fracture your bone in an Illinois auto collision, the aim will be to set up a treatment whereby the bone can come together and heal itself. To accomplish that, doctors will set the bone and then most likely place a cast around the affected area to ensure it forms properly. If the bone is not or cannot come together on its own, then the doctor may elect to perform surgery to replace part of the bone or guide its union in a process called fixation. What options are available to you depend on your health and the circumstances of your fracture.
As you can tell, the medical treatments required to fix a fracture following a car crash can range from very simple to very complicated. The latter can cost you and your family a lot of money. This fact should be taken into consideration when filing your claim in Illinois court and seeking damages. These expenses are absolutely recoverable in court and should be carefully itemized as you build your case. Our team of experienced attorneys can ensure that you don’t miss out on one dollar of compensation that you deserve under Illinois law.
Defenses to Broken Bone Claims from Illinois Car Accidents
Fractured bones are one of the most common and serious injuries that arise out of car accidents in Illinois. Therefore, victims experience all kinds of damages and changes in life because of the incident. However, that doesn’t mean that defendants rollover in court. Here are just a couple of the comebacks they normally use in Illinois lawsuits.
- Third-Party Negligence. Defendants in auto accident lawsuits in Illinois frequently allege that some other party was to blame. It might even be the defendant’s own employee that, in its opinion, should be to blame instead of the company. To put them on the hook, show how the person that hit you was acting on behalf of the business at the time of the event
- Contributory Negligence. Defendants in car crash cases often point the finger at the plaintiff. They conjure up arguments that attempt to show how the victim caused the accident or at least assumed the risk of injury. Generally, the best way to defeat this tactic is to use the facts and circumstances of the incident to disprove the theory. However, even if the plaintiff was contributory in some sense, it should not void the claim entirely unless it was more than fifty percent responsible for the collision.
- Excessive Damages. Even if you are able to show that the defendant caused your damages, it will still likely return volley with the argument that your damages are not as much as you claim. Especially with intangible damages like reduced quality of life, defendants are commonly successfully in reducing the amount of compensation a plaintiff can recover for. Normally, these plaintiffs commit a number of errors that lower their recovery including the following: don’t preserve evidence quickly enough; don’t collect and itemize records and expenses; don’t use analogous case law to strengthen their claims for relief; and don’t forcefully push back against defendants’ theories of contributory negligence.
Rosenfeld Injury Lawyers is a leading provider of award-winning legal services to clients who have suffered debilitating injuries in automotive accidents. Our law firm has access to all the resources you need to recover from your accident physically, emotionally and financially. Our Chicago auto injury lawyers have years of experience and successful track records, so you can be sure that your lawyer has the knowledge and qualifications required to obtain the highest probability of success.
Contact us today to arrange a free consultation with a Chicago auto accident attorney so that we can collect the information we need to get to work on your behalf, answer your questions, and review all of your legal options with you. This way you will know exactly what you can expect to resolve your case. We work solely on a contingency fee basis, which means you won’t owe us a thing unless we secure damages on your behalf.
If you would like to learn about other kinds of injuries sustained in Illinois auto accidents, then please read the following pages: