After suffering an ankle fracture, our clients want to know how much they can receive in compensation. They often call us up and ask us what the “average” settlement is.
The reality is that there is no “average” amount of compensation because no one is keeping track of all settlements and jury verdicts.
Instead, you will need to carefully analyze your economic and non-economic losses to determine how much you can receive.
Calculate Economic Losses
Economic losses are easy to calculate because there is usually a bill or receipt attached to it. For example, collect the following:
- Medical bills for doctor’s visits, surgery, and hospital stays
- Receipts for prescription drugs
- Receipts for any equipment like a brace or crutches
- Bills for rehabilitation
Add up the amounts spent. You can receive full compensation for your medical expenses if someone else is to blame for your injury. The amount might be considerable.
Some people with ankle injuries need continuing medical care because their ankle has not yet healed. For example, in devastating fractures, you might need months or more of rehab. You can either wait until all of your medical care is complete or estimate the amount of future care needed.
Economic losses also include lost wages if you could not work because of your ankle injury, or if you needed to take a lower paying job as you recovered. Find paystubs or proof of self-employment income and calculate how much you lost in wages because of your ankle injury.
California also allows accident victims to receive compensation for more intangible harms, like pain and suffering, emotional distress, or loss of enjoyment of life. For example, your ankle might be in considerable pain and also prevent you from pursuing your favorite hobbies. The California courts allow victims to receive money damages to make up for these losses.
Calculating non-economic losses is hard. There is no receipt or bill, and people can disagree about how valuable being able to play touch football every Saturday is, or whether you are really feeling considerable pain because of an ankle fracture.
Nevertheless, an experienced broken ankle injury attorney can use their experience to estimate the amount of non-economic damages you might receive. For example, your lawyer might multiply your economic losses by three or four, or they might use a per diem method that assigns a dollar value to each day you feel pain. Typically, the more severe your ankle injury, the greater amount of money you can receive for pain and suffering.
Your Degree of Fault
California law recognizes that injured victims sometimes contributed to their own injuries. As a result, if you were partially to blame for the accident, you can expect to receive less money. Under the state’s comparative negligence rules, the amount of compensation you receive will be reduced by your proportion of fault. For example, if your injuries are worth $40,000 but you are 50% to blame, you will only receive $20,000.
Speak with a California Broken Ankle Lawyer Today
Broken ankles are no laughing matter. At GJEL, our attorneys have helped numerous victims get the compensation they deserve to cover medical expenses and compensate them for intangible harms like pain and suffering. We have a 99% success rate and are prepared to use our deep experience for you. To start the process, please contact us right away for a free legal consultation. Call 866-249-2176 or send an online message.