Settlement Value of Broken Bone Injuries in Kansas City
If you suffered a broken bone injury due to the negligence of another party, you probably have many questions. You likely are worried about your medical bills and the insurance company that is calling you for for the at-fault party. Of course, you also may be wondering: what's the potential value of your broken bone injury claim?
As a Kansas City bone fracture lawyer, I know from experience that every personal injury claim is unique. There are so many different kinds of broken bones, and different symptoms and treatments that you may have. In addition to the myriad of medical aspects, there are a number of legal factors that impact the value of a bone injury claim.
Despite what you may read elsewhere, there is no secret formula that you can use to calculate the precise amount of damages you are entitled to under the law.
Factors Impacting Broken Bone Injury Settlements
You or your attorney need to consider a certain factors to determine the potential value of a broken bone claim. Below are common factors that impact how a broken bone injury claim is valued by an insurance company.
1. How you suffered a broken bone
The circumstances are critical to determine who is at fault and how you will prove it in court. To recover any damages under Missouri or Kansas law, you must show that your injury was caused by another party’s negligent or wrongful conduct.
You may have broken a bone in a car accident, bicycle crash, or a slip and fall accident. Alternatively, your loved one may have suffered a fracture when he or she was left in the care of a responsible party, such as at a school, daycare or nursing home.
2. The severity of the bone fracture and medical treatment required
Once you are able to establish who is liable for your injury, you must evaluate what are your “special damages”. Special damages are also sometimes referred to as “economic damages” and include items such as your medical bills and lost wages.
In terms of medical care, broken bone injuries often require any of the following:
- emergency room treatment or urgent care;
- appointments with an orthopedic surgeon or orthopedic specialist;
- potential surgery;
- physical therapy or occupational therapy;
- additional follow-up appointments with your orthopedic doctor;
- in-home care or rehabilitation.
In addition to medical bills already incurred and wages already lost, you will want to gather documentation that supports any future medical bills and future lost earnings capacity that result from your injuries. Sometimes, medical experts and economists are needed to calculate these amounts. An experienced personal injury lawyer will know how to use these experts to support your claim.
3. The presence of permanent disfigurement, disability or other limitations
The value of your claim can be greatly influenced by any permanent disfigurement, disability or activity limitations after a broken bone injury. Again, both medical and financial experts may be needed to substantiate and provide a value for this aspect of your damages.
4. Past and future pain and suffering
Both Kansas and Missouri law allow you to claim damages for what is known as “pain and suffering.” Unlike economic damages, pain and suffering cannot is subjective by its nature and will be valued differently in each case. An experienced broken bone injury attorney will be able to assist you in understanding the value of your claim for pain and suffering and what a jury may award you should your case proceed through trial.
5. Punitive Damages
Lastly, if your broken bone was caused by reckless misconduct or other egregious circumstances, you may be entitled to punitive damages. Punitive damages may be awarded by a court and are intended not to compensate you for losses but to punish the wrongdoing of the at-fault party.
Contact a Kansas City Bone Fracture Attorney
Our Kansas City broken bone attorney is ready to answer your questions and provide guidance as the next steps to consider in pursuing your claim.
Call us today at 816-203-0143 for a free, no obligation consultation. We would be happy to help you understand how these factors apply to your particular case and provide guidance if your are evaluating settlement offers or attempting to negotiate with the insurance company.