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Broken Bone (Fracture) Settlement Value

By Recording Law Editorial Team7 min read

Frequently Asked Questions

What is the average settlement for a broken bone?

There is no reliable average. Settlements are private, unreported, and skewed by outliers, so any single 'average' figure is misleading. A clean-healing simple fracture might settle in an illustrative $15,000 to $30,000 range, while a surgical fracture with hardware or permanent impairment can reach well over $100,000. Your range depends on the facts, liability, insurance limits, and your state's rules.

Does surgery increase a fracture settlement?

Generally yes. A fracture requiring open reduction and internal fixation (ORIF) with plates and screws signals a serious injury, longer recovery, and often permanent hardware, all of which support a higher multiplier than a bone simply set in a cast. Surgery also drives up medical bills, which raises the economic-damages side of the calculation.

How much more is a compound (open) fracture worth than a simple one?

Open fractures typically settle higher because, as AAOS OrthoInfo notes, they involve more damage to surrounding muscle and tissue, a higher infection risk, surgery, and longer healing. A simple closed fracture that heals in a cast sits lower. There is no fixed multiple, but the surgery, complications, and longer disability behind an open fracture usually push its value well above a comparable closed break.

Do permanent hardware and visible deformity raise the value?

Yes. Permanent plates and screws, a malunited or crooked bone, surgical scarring, and lasting loss of motion or strength are all permanent and often visible, which adjusters and juries weigh heavily. Documented permanent impairment is one of the strongest upward drivers of fracture settlement value.

How long does a fracture take to heal, and why does that matter?

Per AAOS OrthoInfo and MedlinePlus, small finger fractures heal in about 3 to 4 weeks, ankle fractures are casted for 4 to 8 weeks, and most femur fractures take 3 to 6 months or longer. Longer recovery means more pain, more lost work, and more therapy, which raises both economic and non-economic damages.

Can I still recover if I was partly at fault for the accident?

Usually yes, but your recovery is reduced. Most states use comparative negligence, cutting your payout by your percentage of fault. Some bar recovery once you exceed 50 or 51 percent fault, and a few contributory-negligence states bar it for even 1 percent fault. The state settlement calculator can model this for your situation.

Will a pre-existing condition hurt my fracture claim?

It can. If you have osteoporosis or a prior break at the same site, an insurer may argue your bone was already weak and that the accident is not fully responsible. You can still recover for the worsening the accident caused, but expect the insurer to scrutinize your medical history, which makes thorough documentation important.

Sources and References

  1. AAOS OrthoInfo(orthoinfo.aaos.org)
  2. AAOS OrthoInfo(orthoinfo.aaos.org)
  3. AAOS OrthoInfo(orthoinfo.aaos.org)
  4. MedlinePlus(medlineplus.gov).gov
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