Average Value of an Elbow Fracture Case

The elbow is a part of our body that we often take for granted. However, it’s the elbow that gives us range of motion, structure, and durability in the arms, which allows us to use them for countless tasks throughout the day. After all, it’s hard to imagine how you would drive a car, open the fridge, or maintain your balance while walking without fully functioning elbows. Unfortunately, the elbow is quite vulnerable due to the fact that it’s not protected by layers of muscle and fat. That’s why it can be easily injured in accidents like car collisions and trip and falls.

An elbow fracture is one of the most common injuries you can suffer in your arms, and damage to this area can be very expensive to treat. Aside from medical expenses for surgery, physical therapy, etc., you may need time off from work to attend doctor’s appointments and recover from the worst effects of your injuries. If your accident was caused by an act of negligent or reckless conduct, you may have grounds to sue the at fault party and receive compensation for your losses.

Normandie Law Firm is here for you with the advice and representation you need to succeed in an elbow fracture injury claim. Contact us for a free consultation on your rights and legal options.

Elbow Fractures: Causes and Treatments

An elbow fracture is an injury that usually occurs from a direct blow to elbow, or from falling down and striking a hard surface with your elbow or outstretched hand. Since injuries to the elbow are so common, most people are unaware that they have an elbow fracture and put off going to a doctor. However, it’s essential to seek medical treatment right away, especially if you have the following symptoms:

• Swelling and tenderness around the elbow
• Stiffness / limited range of motion
• Bruising around the elbow
• Weakness or numbness in your hand / fingers
• Pain when you try to rotate your forearm
• The sensation that your elbow may “pop” out of joint

An elbow fracture falls into one of two categories: 1) non-displaced fracture, meaning the bone is still in the correct position even though it’s broken; 2) displaced fracture, where the bone has moved out of place. A displaced fracture is the more serious injury, as it will typically requires elbow replacement surgery, which involves removing the damaged joints in the elbow and replacing them with pins, screws, and plates.

After having elbow surgery, you will need to wear a cast of splint for at least 3 to 6 weeks, though you will be unable to resume normal activity for the next few months. However, it may take over a year for the injury to fully heal, and even at that point, you may be left with pain, stiffness, and other issues for the rest of your life.

What kind of Accidents cause an Elbow Fracture?

As we previously mentioned, any sudden blow or impact can cause an injury to your elbow. An elbow fracture means that the force to your arm, hand, or elbow was significant enough to cause a breakage in the bone. This type of injury is associated with the following accidents:

• Slip and fall
• Trip and fall
• Car accident / pedestrian accident
• Truck accident
• Rideshare accident (Uber / Lyft)
• Bus or train accident
• Bike / motorcycle accident
• Workplace injury

If you suffered an accident due to an act of negligence, we can help you receive compensation from the responsible party. Whether you’re in need of elbow surgery from a slip and fall or a workplace injury, we have an attorney who is ready to represent you. Simply contact our office to schedule a free initial consultation.

Our Recent Verdicts and Settlements

Factors that Affect your Settlement Value

There are many factors that are relevant to how much an elbow fracture case is worth. Some of these issues are specific to each claimant, but the following categories are applicable in just about every case:

• Severity of your injuries – this will determine the total cost of your medical expenses, which go beyond your initial injuries. Serious accidents can lead to long term health complications, which require multiple surgeries, medications, physical therapy, and other forms of on-going treatment. Thus, we may need to consider future medical costs and lifetime care expenses depending on the degree of injury.
• Lost income – most people need time off from work after an accident, and this can cause a significant loss of income. Even if you have paid time off from your job, those benefits won’t get you very far if it takes you weeks or months to recover from your injuries. If you have severe, lifelong damage, you may be forced to work part-time or give up working altogether. We can help you get paid for all your current and future lost income, which may include lost wages, future lost wages, and lost earning potential.
• Non-economic damages – Pain and suffering and emotional distress are meant to compensate you for non-tangible injuries, like emotional trauma and loss of enjoyment of life. This is due to the fact that an accident can be very damaging to the psyche, thereby causing the victim to suffer from mental health issues like depression, anxiety, insomnia, flashbacks, and panic attacks.
• Degree of negligence – the level of carelessness or reckless conduct by the defendant can increase your case value significantly. If gross negligence, i.e., the defendant’s actions were especially harmful or outrageous, you may be entitled to punitive damages. This is a special type of compensation that’s meant to punish the at fault party, and as California does not place a cap on punitive damages, these funds can be a significant addition to your settlement award.

Average Case Value of an Elbow Fracture Lawsuit

People often come to us with questions about average case values, as it can give them a sense of what their own lawsuit is worth. However, there is no such thing as an “average” value for an elbow fracture case. If we had to give a settlement range, we would say that most accident claims involving elbow fractures are worth around $50,000 to $150,000. However, case values can be much higher based on long-term medical needs and injury’s impact on the victim’s personal and professional life. It’s also worth noting that serious accidents cause multiple injuries to various parts of the body. So, your total damages may be $500,000 and above when all is said and done.

Remember that an insurance adjuster is not on your side when they contact you after the submission of an accident claim. These people are specially trained to gain your trust and exploit it for the purpose of misleading you on your rights and legal options. Far too often, claimants are tricked into a low settlement or end up with an unjust denial of their claim. To avoid this predicament and obtain the payment you deserve, contact our law firm as soon as possible.

Examples of Elbow Injury Verdicts and Settlements

Now that you have a sense of what can be recovered from one of these lawsuits, let’s look at some past verdicts and settlements involving fractures and other injuries to the elbow:

• $68,734 awarded to a man in Maryland, who sustained a serious elbow injury when a driver crashed into his car after running a red light.
• $104,695 verdict in a New York case involving a man who slipped and fell at a convenience store. The jury agreed with the plaintiff that there was a dangerous condition on the property. Furthermore, they ruled that the plaintiff’s slip and fall accident was caused as a direct result of the store owner’s negligence.
• $250,000 settlement for a 91-year old woman in California, who was struck by a careless driver that pulled out of their spot without making sure that anyone was behind them. As a result, she sustained numerous injuries, including an elbow fracture, a concussion, and facial and jaw contusions.
• $450,000 to a man who fractured his left elbow and injured his knee after falling at a Dollar Tree store. He had two surgical procedures to fix his elbow, but still suffers from pain. The case went to trial, where his attorney successfully proved that negligence by Dollar Tree employees caused his client to trip and fall.

While these are real-life examples, please be aware that your own case is unique and should not be compared to someone else’s. What you can receive from an elbow injury lawsuit may be lower or higher than the values we’ve shown here. Consulting an experienced accident injury attorney is the only way to get an accurate sense of what your lawsuit is worth.

How long will it take to Settle my Case?

We know how important it is to recover your losses and move forward with your life after a serious accident. With that in mind, a timely resolution to your case is our number one goal. We will do our best to settle your claim with the insurance company within 6 months of sending the demand package. However, some cases will take up to 18 months to resolve, due to the complications that may arise. These cases typically involve elbow replacement surgery and other reconstructive procedures. Case values will be higher with these claims, which means the insurance company will fight harder to undercut your settlement or their client’s liability for your injuries. Depending on their level of resistance, a lawsuit may be the best course of action, which can take 2 years or more from start to finish.

Free Second Opinion

If you have an active elbow injury claim with another law firm, you may be in need of a second opinion. It’s perfectly natural to seek advice from another legal expert, especially if you’re not happy with the level of service you are currently receiving from your attorney. We are happy to review your case and provide you with answers to all your questions and concerns. Afterwards, you can decide to stay with your current lawyer or continue your case with one of our attorneys. Regardless of the outcome, you will never be charged for a second opinion consultation. If you’re ready for a fresh perspective on your accident case, please take a moment to schedule a free second opinion..

How long do I have to Sue for an Elbow Fracture?

If you are seeking compensation for an elbow fracture that was caused by another party, you must take legal action within two years of the accident date. Filing your lawsuit on time is extremely important. If you exceed the statute of limitations for an injury claim, you will most likely lose the right to sue, even if you have a solid case. There are situations where an exception may be granted, but these are very rare, so call us right away to learn about your rights and get started on the legal process with one of our lawyers.

Speak to a Lawyer Experienced in Elbow Injury Cases

Sustaining an elbow injury from a car crash, slip and fall, or another unexpected event can be life changing for the victim and their loved ones. There are many losses you will have to deal with, and that responsibility shouldn’t be yours if another individual or entity is liable for your accident. That’s the principle behind everything we do here at Normandie Law Firm. Our attorneys have decades of experience in personal injury lawsuits, and know what it takes to bring you justice in these cases.

Along with experience, we offer free legal services under the Zero fee guarantee. You pay us nothing to represent you and fight for the damages you’re entitled to. Our expenses are paid out at the end of your case, along with your settlement award. In essence, we don’t make a penny unless you do, so there is never any risk to your finances.

If you’re ready to discuss your legal options with one of our attorneys, don’t hesitate to give us a call.

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