Fracture compensation is a form of compensation that an injured person gets when they suffer a bone fracture or break due to an accident caused by someone else’s negligence.

The compensation is meant to cover the costs of medical treatment, lost income, and the pain and suffering caused by the injury.

For fracture compensation to be applicable, the injured person has to provide evidence that the accident was due to someone else’s negligence.

The person responsible for the accident could be a driver, a property owner, or a manufacturer, among others.

When is Fracture Compensation Not Applicable?

Not all fractures are eligible for compensation. The following are some instances where fracture compensation may not apply:.

1. The Injured Person was At Fault

If the injured person was responsible for the accident that caused the fracture, they cannot claim fracture compensation.

For instance, if someone was texting while driving and caused an accident that resulted in a bone fracture, they cannot claim compensation.

2. No Evidence of Fault

For an injury claim, the injured party must prove that their injury was due to someone else’s negligence. If there is no evidence of fault, it may be difficult to claim fracture compensation.

3. No Medical Evidence

For the fracture compensation claim to be valid, there must be medical evidence that the injury was caused by the accident in question. If there is no medical evidence, the claim may not be successful.

4. The Injury is Minor

If the fracture is minor and does not require extensive medical treatment or does not hinder the person’s daily activities, the compensation claim may not be applicable.

5. The Injury was due to Natural Causes

If the fracture was due to natural causes such as a medical condition, the injured person cannot claim fracture compensation. Only fractures caused by accidents are eligible for compensation.

Factors Considered When Calculating Fracture Compensation

The amount of compensation awarded to the injured person depends on several factors. Some of these factors include:.

1. The Severity of the Injury

The amount of compensation awarded increases with the severity of the injury. A fracture that requires extensive treatment and recovery time will warrant more compensation than a minor fracture that heals quickly.

2. The Cost of Medical Treatment

The injured person is entitled to receive compensation for the medical treatment they received due to the injury. The cost of treatment includes, but is not limited to, doctor visits, surgery, medication, and physical therapy.

3. Loss of Income

Compensation awarded may include lost wages due to the inability to work resulting from the injury. This includes lost wages due to missed work and the inability to work in the future if the injury results in a permanent disability.

4. Pain and Suffering

In addition to compensation for medical treatment and lost income, the injured person may receive compensation for the pain and suffering caused by the injury.

Pain and suffering compensation is usually awarded in severe cases where the injury has a lasting impact on the person’s life.

5. Coverage of Future Medical Expenses

If the injury is severe and requires ongoing medical attention, the injured person may be entitled to compensation for future medical expenses.

The Bottom Line

If you suffer a bone fracture or break due to someone else’s negligence, you may be eligible for fracture compensation.

However, to claim compensation successfully, you must provide evidence that the accident was due to someone else’s negligence. When calculating compensation, factors such as the severity of the injury, cost of medical treatment, and loss of income are considered. It is advisable to consult a personal injury lawyer if you are considering making a fracture compensation claim.