How Much Should I Settle for a Broken Arm in Massachusetts?

One of the most popular questions asked by personal injury plaintiffs is, “What is my case worth?” Another is, “How much is a fair settlement offer?” Both questions often stem from a broad range of injuries and accidents. The article below focuses on settlements for broken arms, wrists, and hands. These are serious injuries that often result from slip and fall accidents in Somerville or high-impact automotive vehicle crashes.

There is no “ideal” settlement when it comes to serious injuries. The average settlement for a broken arm, wrist, forearm, or hand will depend on the severity of the injury, its permanency, and its impact on the victim’s life. A clean break that heals in six weeks is probably worth substantially less than an injury requiring several surgeries and months of physical therapy. Before accepting a settlement offer from an insurance company, your case should be evaluated by our experienced Boston, MA personal injury lawyers. A good settlement may be possible if we have strong evidence to use as leverage.

For a free, private case evaluation, call our Massachusetts slip and fall lawyer at the Law Office of John J. Sheehan at (617) 925-6407.

What is a Good Settlement for a Broken Arm in Massachusetts?

Lots of injured plaintiffs opt for settlement agreements rather than trials in court. A settlement often allows plaintiffs to collect financial compensation faster than if they had a trial, and they might be preferable if evidence is not strong. What makes a settlement good or bad is hard to say as it is largely subjective. However, our Massachusetts personal injury lawyers will consider certain factors in your case when negotiating a settlement so you get the best one possible.

First, we should consider the severity of the injury. A more severe injury usually warrants a larger settlement. Severe injuries are often more expensive to treat and tend to take a larger toll on the victim’s overall life. Pain, emotional distress, difficulty returning to work, and a diminished quality of life may come up in cases involving more serious injuries.

Next, we must think about what kind of evidence we have. If your injuries were very expensive to treat, we need medical bills and records to prove it. If you cannot return to work because of your injuries, we need records of your salary so we can prove how much income you have lost. How is the defendant responsible for causing your injuries? Do we have evidence that connects them to the accident? If so, we might have a stronger case and more bargaining power when negotiating a settlement.

How did the defendant cause your injury? If the defendant’s actions were so negligent as to cause shock or outrage, we might get a bigger settlement. A defendant who shows little remorse may be hard for jurors to sympathize with. Bad behavior might justify a claim for punitive damages, and the defendant might agree to a larger settlement to hopefully avoid a punitive damages award.

Massachusetts Personal Injury Claims and Fractured Arms

The human arm consists of three major bones: the humerus, radius, and ulna. When one of these bones suffers a crack or breaks into two or more pieces, the injury is called a fracture. In many cases, the amount of your settlement will depend on what part of your arm suffered an injury.

Upper Arm Fracture

Your humerus is the long bone between your shoulder and elbow. If your upper arm suffers a direct impact, your humerus could fracture. The force necessary to fracture a humerus could be generated in a car accident or a high-impact fall. In some cases, the humerus could break if the arm is severely twisted. In this case, you should contact an experienced Boston car accident lawyer. This type of injury often occurs when someone attempts to break their fall by stretching out their arm. When the bone undergoes the forces of a severe turn, the break curves around the bone. While rare, these types of fractures are very serious.

A low-impact or small amount of force is unlikely to break the humerus. However, pre-existing conditions could weaken the bone, making it more susceptible to fractures or other injuries.

In most cases, a fractured humerus will require a brace or sling. These types of injuries rarely need to be repaired surgically, according to our Boston Surgical Injuries Lawyer. However, if your injury is serious enough to warrant surgery, your potential recovery should be significantly increased due to the medical expenses and additional pain and suffering. On the other hand, if your bone is weakened due to a pre-existing condition, your potential compensation could be reduced.

Even though surgery is rarely required, upper arm injuries are typically considered more serious and worthy of slightly more compensation than lower arm fractures. This stems from the fact that upper arm fractures are more likely to result in permanent disabilities or limitations.

Lower Arm Injuries

Two bones make up the forearm: the radius and the ulna. Each of these bones extends from the elbow to the wrist. The ulna is located on the outside of the arm or the side of your pinky finger. In contrast, the radius is on the side of your thumb. When your forearm is fractured, it could be one bone or both. Generally, broken forearms are caused by a direct impact on the lower arm or by falling on the arm at the wrong angle. These types of injuries are most often sports-related.

The average settlement for a fractured forearm depends on the severity of the injury and whether it results in any permanent limitations or disabilities. If you suffered a clean break that heals quickly, your potential settlement would be less than if the break persists to the day of your trial. Additionally, you might expect a larger settlement if you fractured both your radius and ulna instead of just one of the bones.

Factors that Affect the Value of a Broken Arm Case in Massachusetts

When valuing a broken arm claim, our Wakefield personal injury lawyers will usually focus on two factors: the severity of the injury and its impact.

The first factor is the type, location, and severity of the fracture. As discussed above, a broken upper arm is typically worth more than a lower arm fracture. If you suffered multiple breaks, you could expect a higher settlement. Our office will use your medical treatment, records, and expenses to calculate the damages associated with the severity of your break. In some cases, expert medical testimony might be necessary.

The second factor our office will consider is the injury’s impact on your life. There is no exact calculation or formula to determine your pain and suffering damages. If you file an insurance claim, compensation for pain and suffering will usually be based on your medical expenses. However, a similar injury is likely to impact different individuals differently. You need an attorney who will aggressively advocate for your compensation.

Evidence We Need When Negotiating a Settlement for a Broken Arm in Massachusetts

Getting a good settlement is not always easy, and negotiations might be challenging for a number of reasons. Some defendants simply refuse to take accountability and will not offer a good settlement no matter what. The best way to get a good settlement, even from the most stubborn defendants, is to have strong evidence. The more evidence we have that proves the defendant is responsible, the more leverage we have in settlement negotiations. But what kind of evidence do we need?

Medical records are an important part of many personal injury claims. Your damages will likely revolve around your physical injuries, and we need medical records from when you received treatment to help us prove how badly you were hurt. Not only can medical records reveal the severity of injuries, but they may also contain information about the cost of medical care. Having an accurate picture of your damages is crucial to getting a good and fair settlement.

We may also need witnesses from the accident who can support your claims. Witnesses do not testify during settlement negotiations. However, we may take depositions from witnesses and present them during settlement talks. These depositions may show the defendant that other people saw them cause the accident and that they are ready and willing to testify in a trial if need be.

What Are Hand and Wrist Injuries Worth in Massachusetts?

Again, the overall value of a claim for a hand or wrist injury depends on your circumstances. Injuries to hands and wrists are often a bit more complex, as the bones in this part of the body are smaller and more interconnected. A broken hand might be very painful and difficult to treat. In some cases, a broken hand cannot heal properly, and the victim might have to live with permanent pain or limitations.

In such cases, claims are usually worth more money because the injury takes a much larger toll on the victim. This is especially true in cases where victims need their hands for work or hobbies. For example, a concert pianist might no longer be able to play the piano after a bad hand injury. Their damages should reflect the costs of treatment but also the loss of their profession and career aspirations.

Broken hands and wrists tend to have a greater effect on a person’s life. We need our hands for almost everything. If one or both of your hands are injured, you might be unable to perform even the simplest everyday tasks. Buttoning up a shirt, bathing, cooking, cleaning, and almost everything else we do requires both hands. Losing a hand to a painful injury means that you have to relearn how to live your life one-handed, which can be difficult and emotionally overwhelming.

It is not unusual for people with broken hands to have other injuries. If your hand is broken, there might also be damage to your wrist and arm, depending on how you were hurt. For some, the injury affects the entire harm, including the hands and wrist. If this is the case, your claims are likely worth much more simply due to the extent of the injury.

Our Massachusetts Personal Injury Attorneys Will Evaluate Your Broken Arm Case

At the Law Office of John J. Sheehan, our dedicated Cambridge personal injury attorneys can offer an initial confidential evaluation of your case for free. If you have suffered a broken arm in a car crash, slip and fall, or another type of accident, our office will aggressively fight to maximize your compensation. Call (617) 925-6407 to talk to our Wakefield slip and fall lawyer.