Suffering a serious injury like a broken ankle can affect every aspect of a person’s life. Determining the correct amount of compensation to request in a settlement for a broken ankle can be difficult. There are a number of factors that must be considered, like whether a victim will continue to need medical attention in the future. If you or a family member suffered a broken ankle due to the negligent actions of another, you should contact an experienced Fayetteville broken bone injury lawyer. Ken Kieklak, Attorney at Law, can help you determine the proper settlement price for a broken ankle.
Average Settlement for a Broken Ankle in AR
There is no magic number that a victim should aim for when negotiating a settlement for an accident that caused them to suffer a broken ankle. A settlement for a broken ankle will entirely hinge on the circumstances of the victim’s case. For example, a victim in a settlement should aim higher if their injury required them to have surgery on their ankle.
The victim should also aggregate their medical bills related to the injury, any loss of wages, possible property damage, and any other issues that could influence the settlement.
While predicting a proper settlement amount can be practically impossible, many people have settled their broken ankle claims for large sums. For example, some ankle injuries were deemed to be worth up to $100,000. However, this number can be reduced or increased depending on the factors of each case.
To learn more about the factors that can affect a settlement, continue reading and speak with an experienced Fayetteville AR personal injury lawyer.
Factors to Consider Before a Broken Ankle Injury Settlement
If you were injured due to the actions of another and you are weighing the benefits of a settlement with that party, there are several factors you should consider before a settlement is reached. Understanding various aspects of your case can influence the settlement amount greatly.
The following factors should be considered before approving a settlement for an ankle injury.
Ankle Fracture Severity
The scenario in which you broke your ankle can often impact the severity of the injury. For example, if a victim suffered a slip and fall and tumbled down several steps, they likely suffered a severe ankle fracture. However, falling due to a spill is likely to result in a less serious fracture. Despite these scenarios, each victim is entitled to receive compensation if another person is responsible for the accident.
After suffering a serious ankle injury, you should seek immediate medical attention. Notifying the medical team of the circumstances of the injury can help you document your injuries for when it is time to litigate or settle.
Medical records are a vital part of proving the severity of an injury. A medical report can inform the patient of a number of factors:
- The recovery time for the ankle fracture
- Whether a victim has permanent damage
- Whether surgery will be required in the future
- The patient’s capabilities to perform certain tasks (e.g., play a sport)
- How the ankle injury is correlated to the accident
Thorough medical records can have a tremendous impact on settlement talks. If a claimant does not attempt to seek proper medical care, this can impact settlement talks. For example, if a claimant does not have expenses or records supporting their injuries, they will have difficulty negotiating for their desired settlement.
Fault for the Accident
A reasonable settlement cannot be reached if a victim was responsible or mostly responsible for the accident in question. In Arkansas, to determine fault in a negligence lawsuit, the modified comparative negligence rule will be used. This rule looks at each party’s percentage of fault to determine the damages that can be awarded to a plaintiff.
Note, however, that if a plaintiff’s fault is equal to or exceeds that of a defendant, they will be unable to recover damages in a lawsuit. For example, if a plaintiff is found 50% liable for his role in a car crash, they will be ineligible to receive damages. This is known as the 50 percent rule.
If an insurance company or another party genuinely believes that a potential plaintiff was equally at fault as a defendant, they may seek to pay out only a small amount for a settlement. Alternatively, the insurance company may not wish to settle and may push for a trial if the evidence is heavily against the plaintiff.
Pain and Suffering Experienced
The pain and suffering experienced due to your broken ankle can also influence settlement talks. A severe ankle injury can seriously impact the life of a victim. For example, the victim may be left unable to perform their favorite physical activities like running or other sports. Additionally, the loss of consortium with a spouse can also affect a settlement amount.
Other factors can affect the trajectory of settlement negotiations. If you are considering a settlement for your ankle injury, our firm can help you determine how much your injury is worth.
Our Arkansas Personal Injury Lawyers Can Help with Your Broken Ankle Settlement
If you were the victim of a serious accident that left with you a broken ankle, you should consult with an experienced Arkansas broken bone injury attorney. Injury attorney Ken Kieklak has over 20 years of experience litigating complex legal claims, and he is prepared to offer you the legal representation you deserve. You do not have to fight your lawsuit alone. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact our firm online.