The Trial and Settlement Value of Foot Fracture Claims

ankle There are two mechanisms for a foot injury in a car or truck accident. The injury is caused by either compression from the pedal or brake pad or it is from an impact with the dash. So whether you're looking at femoral fracture or a foot fracture of one of the 26 bones in the foot, the same mechanism is involved.

Our law firm has handles scores of foot injury cases. We have met with foot and ankle surgeons across the country in handling foot injury cases. The reoccurring theme you repeatedly hear is that the structure of the foot is very complex and bones in the foot are incredibly intricate and complex. The foot can be hard to put back together and when it cannot be fully put back together, victims are often left with a permanent injury.

In car accident cases, we frequently high settlement values with heel fractures, comminuted fractures, and Lisfranc fractures.

Heel Fracture

The heel bone is called a calcaneus. It is a relatively big bone, the largest of the tarsal bones in the foot. It is like an eggshell in that it is fairly solid outside but really soft in the center. The heel bone has a joint connected with the talus bone. That gives you the ability to move your foot side to side when you are standing on level surface.

We have an entire page devoted to heel injuries and their settlement value.

Comminuted Fracture

A comminuted fracture is when a fracture is broken into more than one piece. A simple fracture would just be two pieces and a comminuted might be three or four multiple pieces. The greater the comminution, the greater the chance satisfactory alignment of the fracture itself may not be achieved which can cause ongoing problems and pain. Fracture comminution has a real impact on the degree to which the foot surgeon can internally fix the fracture fragments and provide stability at the fracture site.

Lisfranc Fracture

The Lisfranc joint is the joint that comprises the tarsometatarsal joint from the first metatarsal right across the foot to the fifth metatarsal. Technically, this mid-foot injury can be either a fracture of a bone on an injury to a ligament.

The Lisfranc joint is very important to mobility. Our law firm once represented a NFL player whose career was cut short by a misdiagnosed Lisfranc injury that left him unable to make sharp cuts without pain.

Sample Foot Injury Verdicts and Settlements

If you are trying to figure out the settlement value of your foot injury after a car accident, looking at sample settlements and verdicts can help you. They will not give you the exact number of what your case will be because no two cases are alike and the result in one case does not accurately predict another. But these cases will give you a better idea of the possible ranges or settlement or jury verdict in your case.

  • 2017, California: $600,000 Settlement. A 65 year-old man is traveling on his motorcycle when he is struck by the defendant, who is trying to change lanes. Plaintiff is transported to the hospital and diagnosed with two separate fractures of the right foot. The first is a distal intra-articular fracture of the first toe and the second is an avulsion fracture of the medial cuneiform. Plaintiff undergoes open reduction and internal fixation of the cuneiform fracture to insert screws into the foot. The screws are removed during a later surgery. The parties agree to a $600,000 settlement.

  • 2016, Michigan: $475,000 Settlement. A 74 year-old blind pedestrian is struck by a van and suffers facial trauma, back pain, neck pain and a foot fracture. After extensive rehabilitation, she returns to an independent living status. Subsequently, the woman is a passenger in a motor vehicle accident and suffers further injuries. The defendant alleges the injuries from the vehicle accident supersede the ones from being struck by the van. The parties agree to a $475,000 settlement.

  • 2014, New York: $450,000 Verdict. A 53 year-old man attempts to cross the street at a crosswalk with a group of friends when he is struck by defendant's vehicle. One of the vehicle's tires strikes the foot of the man. The man is transported to a local hospital by ambulance and is diagnosed with a crush-induced injury of his right foot, an avulsion fracture of his right foot's fourth toe, among other injuries. The man alleges that the traffic signal permitted him to cross the street and the defendant was negligent in yielding the right of way. A jury awards the plaintiff $200,000 for past pain and suffering and $250,000 for future pain and suffering.

  • 2013, New York: $125,000 Verdict. A 55 year-old man is involved in a motor vehicle accident where his vehicle is struck by the defendant's vehicle. The man is transported to the hospital by an ambulance. At the hospital, it is determined that the man sustained nondisplaced fractures of his right foot's second, third, and fourth metatarsals. The fractures require minor surgery. The man also suffers disc herniations as a result of the accident. The defense alleges the injuries to the man's foot has resolved and the herniations were caused by a prior motor vehicle accident. A jury awards the plaintiff $50,000 for future medical cost, $50,000 for past pain and suffering, and $25,000 for future pain and suffering.

  • 2013, New York: $6,623,000 Verdict. A six year old girl was a rear-seat passenger in a minivan that was involved in a multi-vehicle accident on the highway. The girl is placed in an ambulance and is transported to a local children's hospital. The girl sustains injuries that include an open comminuted fracture of her right hip, a fracture of her left leg's tibia, an open comminuted fracture of the intra-articular region of her left foot's calcaneus, and fractures of the foot's navicular and third cuneiform bones. The girl undergoes two separate surgeries to fix the hip fracture and to remove bone fragments. She is in the hospital for six days and completes eight months of physical therapy. The girl continues to suffer pain in her foot, develops progressive arthritis in the foot, and will require two further fusions of the foot. The defense alleges the girl does not suffer from arthritis. A jury awards the plaintiff $53,000 for past medical costs, $70,000 for future medical cost, $2,500,000 for past pain and suffering, and $4,000,000 for future pain and suffering.

  • 2010, Maryland: $925,000 Verdict. A 58 year-old man is driving his pickup truck southbound on New Hampshire Avenue when defendant street sweeper attempts to turn across three lanes of traffic and collides with the plaintiff's vehicle. Plaintiff suffers a transverse fracture of the left patella and stress fractures of the foot. The injuries require surgery to implant internal fixation of hardware. Plaintiff claims permanent limitations that result in him being unable to return to work. Defendant alleges plaintiff is contributorily negligent because he could have avoided the accident by applying the brakes or taking evasive action. A jury awards the plaintiff $32,001 for past medical expenses, $35,192 for past lost wages, $409,787 for future lost wages, $224,010 in non-economic damages, and $224,010 for loss of consortium. The non-economic damages was subject to the statutory cap.

  • 2009, Maryland: $80,000 Settlement. Plaintiff is a passenger in a vehicle traveling on Route 108. A vehicle traveling in the opposite direction loses control and collides with the plaintiff's vehicle. The plaintiff, a 20 year-old female, suffers a fractured heel in the left foot. She claims she can no longer run, stand for long periods or engage in high impact exercise. The defendant alleges a phantom vehicle had stopped suddenly in front of her, causing her to swerve and lose control. The plaintiff claims $28,896 in medicals and the parties settle for $80,000.

  • 2006, Maryland: $22,600 Verdict. Plaintiff, a 31 year-old female, is traveling in her vehicle when she is broadsided on the passenger side by a stolen vehicle that is exiting a gas station. The unidentified driver of the stolen vehicle flees the scene. Plaintiff suffers neck and knee injuries that require treatment. Approximately three months after the collision, plaintiff alleges her knee gives out and she falls on the sidewalk. Because of the fall, plaintiff suffers a fracture of the fifth metatarsal of the right foot requiring treatment by an orthopedist and physical therapy. Plaintiff claims the fall is proximately related to the accident and brings an uninsured motorist claim. A jury awards plaintiff $1,600 for past medical expenses, $9,000 for past loss wages, and $12,000 for pain and suffering.

  • 2005, Maryland: $1,700,000 Settlement. Plaintiff, a 21 year-old male, is a passenger in a vehicle making a left turn at an intersection. The vehicle has the right of way due to a green turn arrow. Defendant, driving a dump truck, runs the red light and collides with plaintiff's vehicle. Plaintiff suffers a crushed right foot, fracture of the right mid-fibula and tibia, and a right ankle fracture. Plaintiff also develops compartment syndrome and requires a Chopart amputation of the right foot. A knee amputation will eventually have to be conducted to alleviate the discomfort of the right foot. Defendant alleges he did not have time to apply his brakes prior to the intersection. The parties settle for $1,700,000.

  • 2004, Maryland: $2,000,000 Settlement. Plaintiff, a 23 year-old male, is a passenger in a vehicle traveling on a two lane road. The driver, who is intoxicated, loses control of the vehicle and strikes a tree. Plaintiff suffers a crushed right foot, right ankle fracture, and avulsed muscle of the skin, nerves and tendons in the right forearm. A Chopart amputation of the right foot is required, as well as an amputation of two fingers on the right hand. The parties settle for $2,000,000.

Getting Help for Your Foot Injury Claim

If you have suffered a foot fracture in an automobile or truck accident and want to consider a lawsuit or pursue an out-of-court settlement, call our lawyers right now at 800-553-8082 or click here for a free no obligation Internet consultation.

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