Valuing Vehicle Accident Cases Involving Broken Bones And Other Considerable Injuries
- Author Joseph Hernandez
- Published November 20, 2010
- Word count 568
Bone fractures are not atypical in high impact motor vehicle accidents. And with bone fractures commonly come multiple other injuries that can result in permanent disabilities. In what follows we analyze two published examples which involved fractures.
This accident occurred as a man was walking his dog along the side of a road. The man was hit by a motor vehicle and sustained a fractured ankle. He also ruptured his spleen which prompted considerable bleeding internally. This, in turn, caused his kidneys to fail. Only 57 years old, the man is now a candidate for a transplant and will require dialysis until he can get a transplant. The law firm that handled this personal injury claim reported that a $2.5 Million settlement was achieved on behalf of the plaintiff.
The next incident took place in an intersection where a motor vehicle that was legally in the intersection was hit on the passenger side by a second one. At the time of the accident sitting in the front passenger seat of the vehicle that was hit was a 44 year old woman. The impact caused fractures to her clavicle, to various of her ribs, and to her pelvis. Her bladder was lacerated. Furthermore, she suffered closed-head trauma. She incurred in the order of $85,000 in expenses for medical treatment. The plaintiff could no longer perform her job as an administrative assistant being paid roughly $18,700 per year. This amounted to a loss of earning capacity totaling over $600,000. The motor vehicle insurance policy’s personal injury protection coverage paid $36,000. The law firm that helped the victim documented that they achieved a settlement for $1.1 Million. An additional $36,000 was paid out by the personal injury protection portion of the insurance policy.
As these 2 lawsuits demonstrate when a motor vehicle accident ends in bone fractures it often also leads to more injuries: closed head injuries, bladder, spleen lacerations. The injuries might lead to irreversible disabilities. They can also result in a loss of earning income. The plaintiffs can be pedestrians or they can be riding in the vehicle. Medical fees might be substantial and can total thousands and thousands of dollars possibly even for treatment years in the future.
Because of the nature and extent of the injuries and the cost of medical expenses compensation can be substantial. Although insurance companies often behave as if every injury has a mathematically calculable worth the variables they consider and the values they assign can lead to a significant undervaluing of the victim's lawsuit.
Skilled attorneys know how to take numerous factors into account including the number and seriousness of the injuries, any permanent disability or scarring, the amount of past and future medical expenses incurred, the amount of lost income or loss of earning capacity, the type of witness the victim and the driver will make, and even the history of other lawsuit settlements and recoveries in the case's venue. Experienced attorneys furthermore know to explore all possible sources of recovery including not only the driver(s) but also anyone else who might have contributed to the accident or be vicariously liable, such as the driver’s employer.
In case of inadequate insurance it may be possible to use the uninsured or underinsured provisions of any policies that cover the plaintiff. Occasionally it may even be necessary to go beyond insurance policies to other assets. In the end an experienced lawyer might make all the difference in the amount recovered.
Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a vehicle accident lawyer attorney can help you and about other vehicle accident cases including fatal car accident visit the websites
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