When you’re in a car accident and break a bone, the physical pain and emotional stress are overwhelming. Beyond the immediate medical issues, you’ll face financial burdens from medical expenses, medical bills, lost wages, and ongoing rehab. Knowing what to expect for a broken bone settlement in a North Carolina car accident is key to getting fair compensation for your injuries.
In this post, we’ll break down the factors that affect broken bone settlements in North Carolina car accidents, average settlement ranges for different types of fractures and how working with a Raleigh car accident lawyer can help you get the compensation you need.
Factors That Affect Settlement Amounts
Several factors go into determining the settlement for a broken bone injury from a car accident, as is common in personal injury cases. Each factor adds up to the total compensation depending on the severity of the injury and its impact on the victim’s life.
Severity of the Injury
The severity of the fracture is the biggest factor in determining the settlement. More severe injuries, such as compound or comminuted fractures, require more medical treatment, surgery, and rehab. Those injuries will result in higher settlements because of the long-term medical care and recovery time. Simple fractures that heal quicker and with less intervention will result in lower compensation.
Medical Bills
The total medical costs and medical expenses to treat the fracture also impact the settlement amount. This includes costs for surgeries, hospital stays, physical therapy, and any ongoing medical care during the recovery process. Injuries that result in higher medical bills will result in higher settlements because compensation is meant to cover all of those costs. The more treatment, the more value to the settlement.
Lost Wages and Future Earnings
If the injury prevents the victim from working, either temporarily or permanently, lost wages become a big factor in the settlement. Compensation will include past wages lost during recovery time and potential future earnings if the injury limits the victim’s ability to work at the same capacity. In cases where the injury results in permanent disability or reduced earning capacity, this factor will increase the settlement amount.
Pain and Suffering
In addition to physical damage, pain and suffering are another big factor. This non-economic aspect considers emotional trauma, physical pain, and long-term impact on the victim’s quality of life. While harder to quantify than medical bills, pain and suffering is usually calculated by a multiplier based on the severity of the injury. Severe injuries that cause lasting discomfort or emotional distress will result in higher pain and suffering compensation in a personal injury claim.
Who’s at Fault
In North Carolina, the contributory negligence law means if the victim is found even 1% at fault for the accident they can’t recover. Proving the other party is 100% at fault is key to getting compensation. The clarity of fault in the case will impact the settlement amount. Clear-cut cases with strong evidence of the other party’s negligence will result in higher settlements.
Insurance Policy Limits
The insurance policy limits of the at-fault party will also limit the settlement amount. Even with severe injuries and high medical bills, the available insurance coverage may cap the total payout. If the at-fault driver has limited insurance it will impact how much the victim gets regardless of the actual costs. Finding additional sources of insurance coverage is often critical to getting the most settlement.
Settlement Ranges for Different Fractures in North Carolina
Settlements for bone bones from car accidents can vary greatly depending on the type and severity of the fracture. Bone breaks, such as those commonly seen in auto accidents, can lead to serious complications if not treated properly. In North Carolina, settlement ranges reflect medical bills, pain and suffering, and impact on the victim’s life. Below are the settlement ranges for different types of fractures commonly seen in car accident cases.
Broken Leg
Broken legs are one of the more serious injuries from car accidents, especially femur fractures. These injuries require surgery and long rehab. The settlement range for broken leg injuries is $55,000 to $150,000. Femur fractures are at the higher end and fibula breaks are at the lower end of this range.
Broken Arm
Broken arm injuries can range in severity, with humerus fractures being more serious than radius and ulna fractures. The average settlement range for broken arm cases is $35,000 to $150,000. Upper arm fractures that require surgery or result in permanent impairment will get higher settlements, while less severe breaks will get smaller settlements.
Broken Ribs
Rib fractures are common in car accidents, usually from seatbelt compression or direct impact. They can be very painful but usually don’t require extensive medical treatment. The settlement range for broken ribs is $15,000 to $100,000 depending on number of ribs fractured and if there are complications like punctured lungs or organ damage.
Vertebral Fractures
Spinal fractures are one of the most serious injuries a person can suffer in a car accident. They can cause chronic pain, limited mobility, and in severe cases paralysis. Settlements for vertebral fractures range from $112,000 to $207,000. The amount depends on the severity of the fracture, the extent of the damage to the spinal cord, and the long-term impact on the victim’s life.
Hip Fractures
While less common in car accidents, hip fractures can occur especially in high-impact collisions or pedestrian accidents. These injuries are serious and require surgery followed by extensive physical therapy. The average settlement for hip fractures is around $150,000, with higher settlements for long-term disability or permanent mobility issues.
Skull Fractures
Skull fractures from car accidents are very serious, often with traumatic brain injuries. These injuries can have long-term effects on cognitive function and overall quality of life. Settlements for skull fractures vary but generally range from $100,000 to $300,000 depending on the brain injury and the victim’s recovery.
How to File a Broken Bone Claim
Filing a claim for a broken bone injury after a car accident involves several steps. Knowing the process will help you get the compensation you deserve for medical bills, lost wages, and pain and suffering.
Negligence
The first step in filing a broken bone claim is to prove the other party was at fault. In North Carolina, that means proving the defendant was negligent and that their negligence caused your injury. To prove negligence you must show the other driver had a duty to drive safely, breached that duty and that breach caused the accident and injury. Evidence such as police reports, witness statements, and traffic camera footage will be important in proving fault.
Evidence
Evidence is crucial to building a strong case. Medical records of your injury and treatment will be important evidence. Photographic evidence of the accident scene, vehicle damage, and your injuries will help your claim. Also, gather documentation of lost wages and any other financial impact from the injury. An experienced personal injury attorney can help you organize and present this evidence to support your claim.
Filing the Claim
Once you have enough evidence, your attorney will file a claim with the at-fault party’s insurance company. This claim will outline your injuries, expenses, and the compensation you are seeking. The insurance company will review the claim and negotiations will begin. In many cases, a settlement is reached during this phase and the case will not go to trial. But if the insurance company disputes liability or the amount of compensation, the case may go to court.
Negotiation and Settlement
During the negotiation phase, personal injury attorneys will work to get a fair settlement based on your medical bills, lost wages, and pain and suffering. Don’t accept a low settlement offer, insurance companies will try to pay as little as possible. Your lawyer will advocate for you, pushing for a settlement that covers all your losses. If a settlement is reached, the case will not go to trial.
Going to Court
If a settlement can’t be reached the case will go to trial. At this point, both sides will present their case to a judge or jury. Your attorney will use the evidence gathered to prove the other party was at fault and the full extent of your damages. If the court rules in your favor you will get a damage award based on the damages proven at trial.
Statute of Limitations
In North Carolina, the statute of limitations for personal injury claims, including broken bones, is three years from the date of the accident. You must file your claim within that time or you will be barred from seeking compensation. Act fast to get your case filed before the deadline.
Consult With an Experienced Raleigh Car Accident Attorney ASAP!
If you’ve suffered a broken bone in a car accident, don’t navigate the legal process alone. Our experienced team at 1Charlotte is here to help you get the compensation you deserve. We will fight for your rights and work to maximize your settlement so you can focus on recovery.
Contact us at (704) 706-2689 for a free case review today!
