Average Motorcycle Accident Settlement In Florida

By | September 10, 2022

Distal radius fracture. X-ray of Colles fracture on left wrist

Someone’s negligence may crusade you to fracture your wrist.  If so, you may be entitled to bounty.

Here, I’grand going to requite up to date info on personal injury settlements for a broken wrist.  Y’all’ll also hear most the boilerplate settlement for a broken wrist.

Starting time, I want to rapidly talk nearly the wrist.  So, we’ll talk about settlements.

Your radius is the bigger of the 2 bones in your forearm.  The end closest to your wrist is referred to every bit the
distal
end.

A break of the distal radius happens if the function of the radius closest to the wrist fractures.

I want to quickly speak well-nigh forearm shaft fractures. Then, you’ll learn almost wrist fracture settlements.

Tabular array of contents

  • Forearm (Shaft) Fracture Settlements and Claims
  • Comminuted Fracture Settlements
  • What does the Term “Total Value” Mean?
  • $200K Settlement for Distal Radius Fracture from Car Accident (Miami)
  • $135K Settlement for Open up Distal Radius Fracture (Automobile Accident)
    • Extra-articular fracture
    • Intra-articular fracture
  • $37,500 Settlement for Broken Wrist (Motorcar Accident)
  • Certain breaks are harder to manage (Increment Settlement Value)
  • Distal Radioulnar Joint (or DRUJ)
  • Which Accidents Result in Injury Claims for Distal Radius Fractures?
    • Signs of a Broken Wrist
    • Getting Checked Out past a Dr.
    • Medical Handling
  • Treatment Without Surgery Usually Results in Smaller Settlements
  • Upper Range of Pain and Suffering for a Broken Wrist Without Surgery is $100K
  • $10K Wrist Fracture Settlement (Car Ran Bike Rider Off the Route)
  • $10K Settlement for Broken Wrist Later on Car Hits Golf Cart Driver
    • “Reduction” for a Distal Radius Fracture
  • How much is a Cleaved Wrist (with Surgery) Worth?
    • Are Broken Wrist Settlements Different for Motorcycle Accidents?
  • $1.25 Meg Verdict for Cleaved Wrist (and Other Fractures)
    • Wrist Fractures With Surgery Usually Get Bigger Settlements
    • Nationwide Took the Case To Trial
    • Passenger’s Doctor Said Future Care is $300K to $400K
    • Passenger Usually Isn’t At Error (Which Helps Settlement)
    • Would this example have been different if Stewart was an Uber or Lyft driver?
  • Does Nerve Harm in Your Hand Touch on the Settlement Amount?
  • Colles Fracture
    • Barton Fractures
  • Get a Costless Consult if You lot Were Badly Injured in Florida

Forearm (Shaft) Fracture Settlements and Claims

The center part of each forearm bone is chosen the shaft.

Forearm shaft cases can be good cases if someone else was at fault. That someone else could be a business concern, another commuter or someone else.

From my experience, nearly forearm shaft cases are the result of a trip and fall. They can likewise arise from a slip and fall.

To get a settlement for over $300,000 for a forearm shaft fracture, you lot volition likely have to had surgery with hardware put in your arm. Hardware is typically a plate and screws.

Now:

There is no guarantee that you will go over $300,000 in a cleaved forearm case. In fact, at that place is no guarantee that you’ll become a penny for your claim. Every case is different. 1 bad fact tin can impale a case. On the other hand, a expert fact can profoundly increase settlement value.

As a general rule, cases where the injured person had surgery are worth
much
more than those without surgery. OK. Now let’due south focus on cleaved wrist cases.

Comminuted Fracture
Settlements

A comminuted fracture happens if the bone is fractured into more than 2 fragments.

The full value of hurting and suffering of a
comminuted fracture
is worth more than a elementary fracture orhairline fracture.  I’grand talking almost for settlement purposes.

What does the Term “Full Value” Mean?

Throughout this article, I use the term total value. The full value is the approximate
earlier
any reductions for difficulty proving that the someone caused your cleaved wrist. The full value is also the corporeality
earlier
factoring your fault (if any) in the accident.

In tough liability cases, difficulty proving liability and comparative mistake on a plaintiff tin
significantly
reduce the full value of a case.  In fact, sometimes I am unable to represent some people if I believe that I won’t be able to prove liability.

On other occasions, I don’t take a instance if I believe that after factoring in liability issues (and mistake on the injured person), the estimated case value is too minor to warrant my time. Filing a claim takes a lot of fourth dimension. And suing takes even more than resources.

When calculating case value, I ofttimes reduce the full value in a slip and autumn case. This is considering sideslip and fall cases are difficult. Sometimes the court will dismiss a slip and autumn case if you tin can’t show that the property owner knew (or should accept known) that in that location was a hazard
before
you fell. This is known as proving notice.

On the other hand, if you were in a rear cease car accident, I might not discount the full value of the case at all. Ultimately, it depends on the detail facts of the accident. In fact, every example depends on its unique prepare of facts.

When I value a case, I may need to reduce the hurting and suffering component. Too, I may reduce the full value of the medical bills and lost wage calculations. I reduce these full values by the percent hazard, if whatsoever, of a defense verdict (or the example is dismissed by the court).  Additionally, I reduce the full value of the case by the likelihood (if whatsoever) that a jury finds the plaintiff negligent. This is known every bit comparative negligence.

$200K Settlement for Distal Radius Fracture from Machine Accident (Miami)

Here is a short video nearly this settlement:


Marcia (not existent proper name) was driving a car in Miami, Florida. She was heading straight through a traffic light that was green. While doing so, some other automobile ran a red light. They crashed. As a result of the crash, Marcia had a
comminuted intra-articular distal radius fracture.

Later on the car accident, she got a Costless consultation with me. She was unsure how to get her medical bills paid. Immediately later on we spoke, she hired me to be her injury chaser.

USAA and Main Street America Group (Erstwhile Dominion Insurance Visitor) paid the merits. USAA has a reputation for paying higher up average in personal injury cases. The quality of the insurance company is one of many factors that may touch on settlement value.

What is an open fracture?

An open up fracture is when the broken bone breaks your peel.  Open fractures need instant treatment due to the chance of being infected.

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Tip: If you get an infection, this increases the full value of your personal injury case for settlement purposes.

$135K Settlement for

Open

Distal Radius Fracture (Car Accident)

A rider got a $135,000 settlement for an

open

distal radius fracture after another motorcar crashed into the car that she was in.

The injury was:


  1. Open

    distal radius
    and distal ulnar fractures.
  2. Laceration to flexor digitorum superficialis (FDS) tendon.
  3. Laceration to flexor digitorum profundus (FDP) to index finger.

A laceration is a deep cut or tear.

The passenger had the following surgery:

  1. Irrigation and debridement of the volar wrist wound.
  2. Primary repair of FDS tendon to index finger in zone 5.
  3. Repair of the musculus belly to FDP musculus
  4. Open reduction and internal fixation (ORIF)
    of the
    distal radius fracture.

The driver of the other car got a ticket for
failure to yield the right of way.  The accident happened in Hialeah, Miami-Dade Canton, Florida.

I represented the passenger. This is one of my many settlements for an out of state company who was injured in a Florida car accident.

A break that doesn’t go into the joint is known equally an extra-articular fracture.  These are usually worth less than intra-articular fracture, which I hash out beneath.

Intra-articular fracture
X-ray of a displaced intra-articular distal radius fracture
X-ray of a displaced intra-articular distal radius fracture

An intra-articular fracture is a break that goes into the wrist joint.  “Articular” is defined equally “joint.”

$37,500 Settlement for Broken Wrist (Motorcar Accident)

Alex (not existent proper noun) was a rider was in a motorcar that was being driven in Miami, Florida (most the Falls Shopping Center). Another motorcar was heading in the opposite management. The other car made a left hand plough in front of the automobile in which Andrew was a passenger. The cars crashed.

As a result of the car blow, Alex had a cleaved wrist (distal radius fracture). Specifically, he had a distal radial
intra-articular fracture.
An orthopedic surgeon put a plate and screws into his wrist.

After the car blow, Alex wanted a Gratis Consultation from a Miami car accident lawyer. Thus, he contacted me. We met in my office (which was in Kendall, Florida at the time). During our in person meeting, he hired me.

Allstate insured the other motorcar. The bodily injury liability (BIL) limit was $10,000. In addition, State Farm insured the car within which Alex was a passenger. Country Farm had a $25,000 BIL limit.

State Farm and Allstate paid the combined $35,000 BIL insurance limit to settle. Neither driver had collectible assets.

Sure breaks are harder to manage (Increase Settlement Value)

Some fractures are harder to manage than others.  The hardest breaks to treat are:

  • Intra-articular fracture
  • Comminuted fracture
  • Open up fracture
  • Displaced fracture (if the os fragments don’t align properly).  The above image shows a displaced fracture.

Since these fractures are harder to care for, the full value of the case is usually higher.

You lot may likewise break your other os in your forearm (ulna).  This is known equally a distal ulna fracture.

Approximately fifty percent of distal radius fractures occur in association with an
ulnar styloid fracture.  An ulnar styloid fracture generally does not require handling.

So, if you also have a ulnar styloid fracture that doesn’t need treatment, it doesn’t add together big value to your example.

Distal Radioulnar Articulation (or DRUJ)

All the same, when the joint betwixt the distal radius and ulna styloid, the distal radioulnar joint (or DRUJ), is unstable, the ulnar styloid may crave independent treatment.  This increases the total value of a Florida injury case.

Most distal radius fractures with associated ulnar styloid fractures happen without DRUJ instability.

A recent study concluded that patients who had distal radius fractures, did non take a worse outlook past the occurrence or absence of an ulnar styloid fracture.

Which Accidents Effect in Injury Claims for Distal Radius Fractures?

The almost typical cause of a distal radius fracture is a fall onto your outstretched arm.  You lot may sideslip and fall, or trip and autumn.

Osteoporosis is a condition where your basic are extremely fragile and have a higher chance of fracturing.  It may brand a simple fall pb to a fractured wrist.

Your physician should hold that your distal radius fracture could’ve happened from falling.

Car accidents, motorcycle crashes, truck wrecks or a falling off of a bicycle could outcome in you breaking your wrist.

Signs of a Cleaved Wrist

A fractured wrist mostly results in sudden swelling, bruising, tenderness and firsthand pain.  If you accept swelling or bruising, you lot should immediately take photos of information technology.

Be certain to include your face in some of the photos so the liable party’south insurance visitor knows that information technology is

your

wrist.  Y’all should date and time stamp the photo.

Then send the photos to the responsible party’s insurance visitor.

Getting Checked Out past a Md

If your injury doesn’t hurt badly, and your wrist doesn’t look deformed, yous may exist able to hold off a 24-hour interval on seeing the doctor.

After

near

Florida
car crashes, you should get examined by a doctor within xiv days.  Otherwise, you will lose your Personal Injury Protection (PIP) benefits.

If your injury hurts very badly, if your wrist is numb or deformed, or your fingers aren’t their normal color, y’all should immediately go to the emergency room.

The doctor volition take x-rays of your wrist.  They will show if the bone is fractured, besides as any deportation (space between the fractured bones).

If you have a fracture, this raises the full example value.  If yous have displacement, this also increases the full instance value.

They can also reveal how many fragments of fractured bone you accept.  The more than fragments of fractured bone, the higher the full value of the case.

Medical Treatment

The aim of treating your fractured bones is to place the fractured fragments back into place and stop them from shifting out of identify until they heal.

There are different kinds of treatment for a broken wrist.  The type of treatment will be based on several considerations, like the kind of suspension, your historic period and how agile you are, and what the orthopedic surgeon prefers.

Treatment
Without
Surgery Usually Results in Smaller Settlements

If the fractured bone is in good alignment, a cast may be put on information technology until information technology heals.  If this is the case, your case has a lower settlement value.

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The low-end ($75,000) of the
hurting and suffering
range is for a wrist fracture that heals within a few weeks (e.g. six weeks or so). This assumes that you receive a piddling chip of concrete therapy (PT). Information technology also assumes that you have little to no permanent impairment (injury) or limitations. It also assumes that it is ascendant wrist.

Keep in mind that this $75,000 effigy is the
full value
of pain and suffering. If you were 80% at fault for causing the accident, the $75,000 would be reduced by 80%. In other words, the hurting and suffering value (after discounting for your mistake) would be $75,000.

If it is your non-dominant wrist, jury verdicts put the depression end of the full value of pain and suffering value at $fifty,000.

Also, estimating the full value of pain and suffering is not an exact science. There is not an “injury table” that says that an insurance company has to assign this amount. Likewise, a judge does not have to award a specific amount.

The value is from past jury verdict enquiry, primarily in South Florida. South Florida consists of Miami-Dade, Broward and Palm Beach County. Jury verdicts in these counties tend to exist much higher than in rural parts of the land.

Upper Range of Pain and Suffering for a Cleaved Wrist
Without
Surgery is $100K

The higher end of the range is $100,000 for the full value of pain and suffering. This applies for injuries to the
dominant
(preferred) wrist, and serious future limitations on the use of your wrist or continuous serious pain, or a longer treatment menses.

The higher up values are the actual values that I use as a

starting betoken

for the full value of the hurting and suffering component of a wrist fracture.  I use those values in my Florida injury and car accident settlement calculator.

All the same, I strongly propose that you do

not

value your example based on an online settlement reckoner.

$10K Wrist Fracture Settlement (Car Ran Wheel Passenger Off the Road)

A motorcar ran a bike rider off the route in North Miami, Florida.  The bicycle rider barbarous off his bicycle.  The machine drove off.

The bicyclist fractured his wrist and elbow.

After the blow, he got a Free consultation with me to encounter if I could represent him. Fortunately, the bicycle passenger had a $ten,000 uninsured motorist insurance policy with GEICO.

In Florida, if a automobile runs yous off the route and leaves the scene, the car is considered “uninsured“.  This is true fifty-fifty if the car doesn’t bear upon you lot.

GEICO paid united states the $x,000
limits of my client’southward uninsured motorist insurance.

$10K Settlement for Broken Wrist After Car Hits Golf game Cart Driver

A motorcar hit my client while he was working as a security baby-sit at Dolphin Mall in Miami-Dade County, Florida.

Dolphin Mall in Sweetwater. West of Doral, Florida.
Dolphin Mall in Sweetwater. West of Doral, Florida.

He was in his golf cart at the time of the accident.

Golf cart
The security guard was in a golf cart like this one.

Allstate

Workers’ compensation paid his medical bills.  Allstate insured the careless driver who backed up into the security guard.

The limit of liability insurance for the driver and possessor of the car that hit my client was just $10,000.

“Reduction” for a Distal Radius Fracture

If the alignment (position) of the bone is not in place and likely to hinder the future use of the arm, the doc may need to re-align the fractured bone pieces.  This is called reduction, and it is when the doctor shifts the fractured fragments into alignment.

If the doctor has to re-marshal your cleaved bone fragments, this increases the full value of your case for settlement purposes.

Surgery greatly increases the full value of your example for settlement purposes.

How much is a Broken Wrist (with Surgery) Worth?

The depression-end of the full value of the pain and suffering component of a personal injury case for a wrist fracture is $150,000 or and so.

This is true when you accept:

  • hardware (plate and screws) surgically inserted into your hand
  • no or little complications to your treatment
  • a little bit of concrete therapy (PT)
  • little to no permanent impairment (injury) or limitations.

The value for pain and suffering increases if you accept serious time to come limitations on the use of your wrist or continuous serious pain, or a longer treatment menses.

Once again, the pain and suffering amounts are in addition to other bounty that you may exist entitled to.

Are Broken Wrist Settlements Different for Motorcycle Accidents?

Yes.  In a motorcycle accident in Florida, even if the cleaved wrist isn’t a permanent injury, the passenger can notwithstanding get compensation for hurting and suffering.

On the other hand, in most Florida car accident cases, the injured person needs a permanent injury.

What happens if the doctor doesn’t say that the broken wrist is a
permanent
injury?

In near Florida motorcar blow claims, the injured person isn’t entitled to pain and suffering.

$1.25 1000000 Verdict for Broken Wrist (and Other Fractures)

In the case of Stewart v. Draleaus, 226 So. 3d 990 (Fla. 4th DCA 2017), Reagle was driving a motorcycle.  This isn’t my instance.  Notwithstanding, I’ve read portions of the court file.

Robin Vincent was Reagle’southward passenger.

Reagle’s temporary motorcycle license didn’t allow him to behave passengers. Having a temporary license in similar to not having a license.

Vincent was injured when she claimed that a car, driven by Stewart, crashed into her.

Nationwide Insurance insured Stewart.

Image result for site:justinziegler.net nationwide insurance

I don’t know if Reagle’southward motorbike was insured.   I also don’t know if Reagle had
umbrella insurance.

Wrist Fractures
With Surgery
Commonly Get Bigger Settlements

She also had a chemical compound fracture to the right wrist which required to plates and screws.  Anchemical compound fractureis besides chosen an
open fracture.

Every bit a reminder, it is a fracture in which there is an open wound or break in the pare near the site of thebroken os.

The fact that she had a plate and screws put in her wrist increases the value of her instance.  Large time.

She sustained an open (compound) fracture to the right leg which required two plates and screws and a metal rod.  I don’t know if she fractured her upper leg (femur) or her lower leg bone (tibia or fibula).

Vincent also had an, an open bookpelvic
 fracture which required ii four-inch screws in the back and a 5 inch plate and screws in the front.

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It doesn’t stop there:

burst fracture of L4 on CT scan

She besides had two vertebral burst fractures.  This is what a burst fracture looks like:

She had a two levellumbar fusion.  This is what a 1 level lumbar fusion looks similar:

Harrington Rods in lower back fusion

Wow.  Those are some serious injuries.

Vincent hired a West Palm Beach personal injury lawyer.

She sued Stewart for pain, suffering and other compensation.

Nationwide Took the Instance To Trial

Nationwide is an above average insurance visitor.  They have a reputation for offering more than to settle than GEICO, Progressive and Land Farm.

But Nationwide is still an insurance company.  As you’ll see here, they nonetheless fight certain machine accident claims.

Nationwide initially defended the lawsuit using an in house attorney, Mark Hektner.  He is a Westward Palm Embankment lawyer.  Essentially, he was an employee of Nationwide.

Through its attorney, Nationwide denied liability.

Stewart blamed Reagle for negligently causing the accident.   Equally in about rider injury cases, Vincent wasn’t blamed for the accident.

Nationwide didn’t use its proficient doctor at trial.  Vincent and her female parent testified nearly the bear on of her injuries.

Passenger’south Doctor Said Future Care is $300K to $400K

Vincent presented the expert testimony of several doctors.  They were:

  • Orthopedic Surgeon, Dr. Daniel Segina
  • Plastic surgeon Dr. Theophilos
  • Pain direction andphysical rehabilitation expert Dr. Mark Rubenstein

Dr. Rubenstein testified within a reasonable degree of medical certainty that Vincent will crave time to come care betwixt $300,000.00 and $400,000.00.

Further, Dr. Rubenstein specifically did non include in his number any hereafter treatment he deemedpossible.He merely included future handling he wasreasonably certain would exist necessary.

I’ve said it before.  All things equal, a passenger’due south personal injury example is better than a commuter’s instance.   And the jury here proved that this was the instance.

Co-ordinate to her attorney, all her doctors testified that her injuries were related to the accident.  All the doctors said that her injuries were permanent.  They as well agreed that she will need future medical intendance.

In add-on, each doctor spoke near the pain involved in dealing with the injuries suffered by her.

At trial, the jury awarded her $725,829.eighty for past medical bills.  They awarded her $100,000 for by pain and suffering.  They gave her $400,000 for futurity hurting and suffering.

The bad news for the passenger?

The jury only awarded her $30,000 for futurity medical bills.

Passenger Usually Isn’t At Fault (Which Helps Settlement)

The jury placed 55% of the negligence on Stewart.  They found Reagle 45% at error.

Why does this per centum matter?

Since Kevin Stewart was 55% at fault, Nationwide merely has to pay 55% of the Vincent’s damages.  Of course, this corporeality is merely up to the policy limits.

Nonetheless, to get this money, Nationwide would demand to take an insurance policy that is greater than $690,706.

Unfortunately, I don’t know how much Nationwide’s policy was in this case.

Still, nearly automobile insurance policies aren’t that big.  In fact, I settled a personal injury case with Nationwide where its insured’southward bodily injury liability (BIL) insurance limits were just $x,000.

I too represented a family against Nationwide’s insured.  The family was on vacation in Florida (from California).  A car crashed into them.  Nationwide had a $100,000 BIL limit in that case.

On the other hand, Nationwide too sells $one 1000000 BIL policies.  Better yet, Nationwide  sells personalumbrella insurance coverage.

If Reagle, the motorcycle driver, didn’t have insurance, this could be bad news for Vincent.  She might be able to get coin from him.

Would this example take been different if Stewart was an Uber or Lyft driver?

If Stewart was an Uber or Lyft driver, and
engaged in a ride, then in that location would be a $i million insurance policy.  The nearly that the injured motorbike riders and passenger could get combined would be $ane meg.  I’m referring to getting coin from Uber (Progressive) or Lyft (York Risk Services).

Hither, Uber and Lyft’south insurance company would’ve had plenty to pay Vincent what the jury awarded ($690K).

Ok. Back to the case.

Later on the verdict, Vincent and her attorney asked the trial court to increase the hereafter medical bill accolade.  From looking at the court file, I don’t meet that the judge increased the award.

Did Nationwide automatically pay Vincent?

No.  Nationwide appealed the verdict.

The appeals court said that in thisparticular situation — the motorcycle license violation was relevant to the case at hand. The bear witness should take been presented to the jury for a determination of whether the violation proximately caused any of Reagle’due south injuries.

Thus, information technology ordered a new trial.  At the new trial, the jury will get to hear that the Reagle’southward temporary motorcycle license didn’t permit him to behave passengers.

On October 27, 2017, this appellate lodge was entered in the trial court file.  There are no other filings since then.  Thus, I assume that Vincent reached a settlement.

She likely settled with Nationwide for less than the amount that Stewart was found liable for.  This is because, among other things, the new jury would’ve heard that the Reagle had a rider only didn’t have the proper license.  In other words, more than fault would likely be placed on Reagle. Thus, the jury would put less fault on Nationwide’s insured.

Allow’south look at the types of distal radius fractures.

Does Nerve Damage in Your Manus Affect the Settlement Amount?

Yes. If an blow causes y’all to damage the nervus(southward) in your paw, this increases the full value of the case for settlement purposes. The worse the nerve damage, the bigger the resulting increment on the case’s full settlement value.

Colles Fracture

X-ray image of fractured radius showing a Colles' fracture
X-ray image of fractured radius showing a Colles’ fracture

A Colles fracture happens when the broken piece of the radius shifts upwards.

Other distal radius fractures are:

Barton Fractures

Learn about Barton’s fractures from a autumn or other blow.

Did someone’s carelessness crusade your injury in an accident in

Florida, or on a cruise or boat
?

Get a Free Consult if Y’all Were Badly Injured in Florida

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This article is likewise in Spanish: Fracturas de Muñeca (Fracturas Distales del Radio): Accidentes de Auto, Bicicleta y Otros

Source: https://www.justinziegler.net/distal-radius-fractures-broken-wrist-accident-claims/