If you’ve broken your leg in a car accident or at work, you might be wondering about your potential financial settlement.
The compensation for a broken leg injury depends on the circumstances of your case, the type of leg fracture, the effect the injury has on your life, and the cost of medical treatment.
Because broken leg injuries can result from almost any type of accident, there are a number of parties who can be held responsible for causing your injuries.
In addition to compensation for economic damages such as lost wages and medical expenses, you can receive substantial compensation for pain and suffering resulting from your broken leg injury.
A Texas injury lawyer can help you get the settlement amount you deserve.
Is There an “Average” Broken Leg Settlement Amount in Texas?
There is not an “average” broken leg settlement amount in Texas.
If possible, you and the defendant’s insurance company will negotiate a settlement amount. The settlement amount varies depending on the specifics of your injury.
Type of Leg Fracture
Three common broken leg injuries are fractures of the tibia, fibula, and femur. The tibia is the shinbone and the fibula is the bone behind the shinbone, also known as the calf bone. The femur is the upper bone in your leg, also called the thigh bone.
The settlement amount can vary depending on whether you’ve fractured the tibia, fibula, femur or all three, and whether your fracture requires surgery. A broken femur that requires surgery would likely result in a higher settlement than a broken tibia or fibula.
The location of the fracture and whether there are multiple fractures will also affect your settlement amount.
Effect on Your Life
How a broken leg injury has affected and will continue to affect your life is an important factor.
If you have and will continue to miss time from work and can no longer enjoy certain hobbies as you did prior to your injury, your settlement amount might increase.
Cost of Medical Treatment
The cost of medical treatment for your broken leg injury will impact the amount of your settlement. For example, you might get a higher settlement amount if your injury was so severe that it requires extensive surgery and physical or occupational therapy.
Availability of Evidence Pointing to Defendant’s Liability
If you have clear evidence showing the defendant’s liability, you might receive a higher settlement amount. Evidence can include a police report with information from witnesses saying they saw the accident and the defendant was at fault. However, if you don’t have much evidence that shows the defendant’s liability, you might receive a lower settlement amount.
What Types of Accidents Commonly Result in Broken Leg Injuries?
Accidents that commonly result in broken leg injuries include:
- Car accidents,
- Truck accidents,
- Bicycle accidents,
- Workplace accidents, and
- Slip and fall accidents.
If you’ve suffered a broken leg injury as the result of any type of accident, you should contact an injury lawyer as soon as possible.
Can I Get Compensation for Pain and Suffering for a Broken Leg Injury?
You can get compensation for pain and suffering for a broken leg injury. However, compensation for pain and suffering is subjective and may require expert testimony to prove.
Compensation for pain and suffering is a form of non-economic damages. It is compensation for the physical and emotional suffering you have sustained as the result of an accident. It’s often based on settlements in prior similar cases.
Additionally, medical records are important in figuring out the value of pain and suffering. They include information about the type of injury, the procedures performed, physical therapy undergone, and the length of treatment.
There is no limit on the amount of damages you can receive for pain and suffering in Texas. However, non-economic damages like pain and suffering are barred for injuries covered by workers’ compensation.
What Should I Do If I Broke My Leg at Work?
If you broke your leg at work, you should first notify your manager. You should find out if your employer has workers’ compensation insurance. Workers’ compensation is an insurance program that provides financial compensation for injuries that you suffered during the course of your job. However, Texas law does not require all employers to have workers’ compensation insurance.
If your employer has workers’ compensation insurance, you should contact a lawyer who can help you file a workers’ compensation claim. If your employer doesn’t have workers’ compensation insurance, a lawyer can help you receive compensation through other means, such as filing a civil lawsuit for damages against your employer.
Who Can Be Held Liable in a Broken Leg Injury Claim?
Someone who causes an accident during which you suffer a broken leg injury can be held liable under the theory of negligence. To prove a broken leg injury case under the theory of negligence, you must prove four elements:
- The defendant owed you a duty of care;
- The defendant breached that duty;
- The defendant’s conduct directly and proximately caused your broken leg injury; and
- You suffered actual, physical damages as a result of the broken leg.
An injury lawyer can help you establish a broken leg injury case based on a negligence theory. Potential defendants who might be liable for your broken leg injury include the following.
Other drivers can cause injuries in automobile, motorcycle, bicycle, and pedestrian accidents. If a driver was intoxicated, drove recklessly, or violated traffic laws when they hit you, you may be able to demonstrate that they were negligent.
If you were hit by a drunk driver, you may be able to sue the bar that sold them alcohol. Bars are liable for a victim’s injury caused by a drunk driver where they know a person is intoxicated but sell them alcohol anyway.
You can sue a trucking company for a broken leg injury if you were in an accident caused by a truck driver. Trucking companies likely have more assets to pay a settlement or jury verdict than the truck driver.
If you broke your leg as a result of a slip and fall or other accident while patronizing a business, the business may be responsible for your injuries based on premises liability. Businesses are responsible to keep their premises reasonably safe from hazards they are either aware of or should be aware of.
Should I Hire a Lawyer If I’ve Broken My Leg in an Accident or at Work?
If you’ve broken your leg in an accident, you should hire a lawyer as soon as possible. A lawyer can help you get the compensation you deserve to cover the economic and non-economic costs of your broken leg injury. If your accident happened at work, a lawyer can help you get the workers’ compensation you need.
If necessary, a lawyer can help you fight with your insurance company and reduce the risk that your insurance company might try to take advantage of you. A lawyer will know when it is time to settle with your insurance company or when to keep negotiating for a higher settlement amount.
Additionally, a lawyer with significant trial experience has more leverage when dealing with an insurance company than a lawyer who settles most of his or her cases.
Furthermore, hiring a lawyer can take some stress off of you after suffering a broken leg injury and allow you to focus on your recovery.
The experienced injury and workers’ compensation lawyers at Grossman Law Offices know how to deal with insurance companies. They understand the severity of a broken leg injury and the long-term effects it can have on your life. They will fight to get you the compensation you need.
Contact us today to schedule your consultation.