Many people believe that broken bones are just minor injuries. Although this is true in some cases, in others, they leave accident victims with burdensome medical bills, a lifetime of pain and discomfort, and major changes to their personal lifestyle. While Louisiana law does not provide a specific definition for catastrophic injuries, they are generally considered to be permanent disabilities that require extensive and continued medical care.
If a broken bone prevents you from returning to work or results in lasting disfigurement or impairment, it may be considered a catastrophic injury. Catastrophic injuries do not automatically mean more compensation in personal injury claims but due to the severity of these injuries, accident victims often have the right to substantial compensation. Below, one of our Baton Rouge personal injury attorneys explains in greater detail.
When Broken Bones are Catastrophic
There are times when a bone breaks very cleanly, meaning the skin remains intact and the ends of the bone remain in proper alignment. Due to the fact that clean breaks do not cause the bone to shift out of place, treatment typically only involves a splint or cast. Clean breaks often heal within a few months and are not considered catastrophic. However, broken bones can be considered catastrophic injuries when they cause permanent consequences. Some common examples of catastrophic broken bones are as follows:
- Multiple fractures in one area that require many surgeries to repair, resulting in permanent weakness or limited mobility
- Complex fractures, such as comminuted breaks or compound fracture,s where the bone pierces the skin or shatters into many pieces, increase the risk of infection and long-term complications
- Fractures in the spine that impact the spinal column or cause mobility issues and chronic pain
- Pelvic fractures that interfere with standing, walking, or daily tasks
- Fractures close to joints that cause permanent stiffness, arthritis, or loss of range of motion
If a physician determines that a fracture will never completely heal or that you will have a permanent loss of function, legally your injury could be considered catastrophic.
Impacts of Catastrophic Broken Bones
Many people understand that broken bones are painful and result in limited mobility. Unfortunately, catastrophic broken bone injuries have many negative impacts for accident victims. These can include:
- Multiple surgeries to repair the damaged bones, sometimes requiring the permanent insertion of rods, screws, or plates
- Long hospitalization periods and lengthy and painful rehabilitation programs
- Permanent disabilities such as chronic pain, weakness, and reduced mobility
- Loss of independence and a need for assistance with basic tasks and daily activities
- Emotional distress from permanent scarring, disfigurement, or an inability to return to previous hobbies or work
Due to the lifetime of challenges catastrophic broken bones present, these injuries often result in higher damages amounts for accident victims.
Types of Compensation Available for Catastrophic Broken Bones
If you suffered a catastrophic broken bone during an accident caused by another person’s negligence, or carelessness, you can file a claim against the at-fault party. If you are successful with your claim, you can obtain many different types of compensation, including:
- Medical expenses: It is important to include your current and future medical expenses in your claim. Medical expenses can include medications, surgeries, rehabilitation, and assistive devices, such as walkers or crutches.
- Lost income: A broken bone, or multiple broken bones, can prevent you from working for a number of weeks, and perhaps even months. You can claim the income and other employment benefits you lost due to your injury.
- Loss of earning capacity: When a broken bone results in permanent impairment, you may not be able to return to the same line of work again, or be unable to work at the same level. In these instances, you can also claim the loss of earning capacity.
- Pain and suffering: Broken bones can result in emotional distress, physical discomfort, and psychological stress. These are losses you can recover through your claim.
- Ongoing support services: When a broken bone results in temporary or permanent impairment, you may require ongoing support services such as physical therapy or in-home caregivers. You can include the cost of these in your claim.
Our Personal Injury Lawyers in Baton Rouge Can Help with Your Claim
If you have suffered a broken bone, or any other serious injury, due to another person’s negligence, our Baton Rouge personal injury lawyers are here to help. At Big River Trial Attorneys, we can conduct an investigation to determine who is at fault for your injuries and collect the evidence that will strengthen your claim so you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to get the legal help you need.
