Even if you can walk away from a car accident, you might discover injuries that could cost you valuable money and resources to cure. However, sometimes you cannot walk away because you might have broken a bone in the incident. Many, many people break one of the bones in their legs, arms, or other parts of their bodies in car accidents. Of course, after seeking medical attention, you might be searching for legal advice on how best to set this legal deformity. From your point of view, the most important factor is how much you could ultimately recovery through litigation. We have assembled some statistics and anecdotes regarding similar plaintiffs with stories like your own to try and answer that. However, call us today to hear more about how we can help you!PLAINTIFFS’ RECOVERY IN CAR ACCIDENTS INVOLVING BROKEN BONES NATIONALLY (1994-2014)
STATE FREQUENCY OF CAR ACCIDENTS CASES INVOLVING BROKE BONES AS PERCENTAGE OF THE NATIONAL TOTAL (1994-2014) (Rounded to hundredths)
Here are some major takeaways from these national accident cases:
- Broken bones were one of the most common forms of injury in car accident and nearly doubled some of their more special counterparts such as brain injuries and wrongful deaths.
- Despite their ubiquity, this did trigger an extraordinary rate of settlement as many defendants took their opponents to court over the question of liability.
- As the figures demonstrate, the most frequent forums for car accident litigation involving broken bones were California, Connecticut, Missouri, North Carolina, and Texas.
- For those obtaining awards or settlements, the median fell between $50,000 and $60,000 and the average fell between $400,000 and $600,000.
Below we have listed some case summaries to give you an indication of why some plaintiffs were more successful than others in obtaining recovery:
CASE NAME: A.L.N. v. B.A., ET AL.
RECOVERY: $165,000 SETTLEMENT
This case involved a 3-car accident. The plaintiff was a female in her mid-30’s; she worked as an underwriter. She was just a passenger in one of the cars but sustained a broken clavicle as well as a sternal fracture. She claimed significant damages because on top of the medical bills for the mentioned injuries she said could not return to work because of post-traumatic stress disorder. The defendants pointed to the rather mild nature of her injuries and her white-collar job in support of the idea that she was exaggerating the consequences of the accident. They probably succeeded because the settlement reached before trial ($165,000) was roughly half her last demand and not much more than her medical bills and lost wages.
CASE NAME: KELLER v. RAY
RECOVERY: $560,000 JURY AWARD
The defendant in this case was driving down the middle lane of a street when he perceived that a transit but was immediately and wrongly turning into his lane. To avoid colliding with the bus, he swerved sharply to the left. Unfortunately, this caused his vehicle to roll over into the other lane and oncoming traffic. His car actually rolled onto the plaintiff’s vehicle. The plaintiff broke her pelvis, ankle, and wrists because of the incident; additionally, she incurred over $100,000 in medical bills and lost over $50,000 in wages because she had to recuperate. To recover for her injuries, she sued the driver of the car, the driver of the bus, and the employer of the bus driver. The company claimed that its driver was acting appropriately-against the allegations of the defendant, car driver-and that it and its employee-driver had not part in this crash and subsequent lawsuit. The jury found that all three were liable and awarded the plaintiff $510,000 for non-economic damages and $50,000 for past wages.
CASE NAME: EBERHARDT v. NEWTON
RECOVERY: $50,000 SETTLEMENT
The plaintiff in this case was a 41-year-old man who worked in construction. The incident occurred when he was riding his bike through an intersection when the defendant turned left and with his vehicle ran right into the plaintiff. The plaintiff crashed into the windshield and then fell to the ground. He fractured his femur and underwent surgery to put a medical device in that area for rehabilitation. While this device could have been removed in the future, it was still in his body at the time of settlement. His injuries and pain kept him away from for approximately half of a year and he racked up tens of thousands of medical bills caring for the wounds. Since the fault of the accident was clearly the driver’s, both sides settled before trial and the defendant gave the plaintiff $50,000.
CASE NAME: IN RE K.R.
RECOVERY: $100,000 SETTLEMENT
The plaintiff in this case was a 17-year-old minor and was actually the responsible party in this situation. The child was driving through an intersection and at the same time the defendant ran a red light and triggered a serious car accident. The plaintiff received a broken femur and that required surgery as well as an insertion of rod to stabilize the leg. The issue in this case was not liability-the defendant clearly was in the wrong by running the red light-but the amount and nature of damages. The $100,000 settlement was broken into the roughly fashion: one-quarter went to plaintiff’s attorneys’ fees, one-third went to health bills, and the rest went to the parents and the plaintiff.