Motor vehicle accidents are increasingly common, with millions of Americans being treated for car crash injuries every year. Car accidents often result in multiple injuries- including broken or injured fingers. When this happens, victims can pursue a financial settlement from the person responsible.
A finger injury can be minor or life-changing, and the settlement compensation awarded can vary significantly. Understanding the average personal injury settlements for broken fingers in car accidents can give victims an idea of what to expect going forward- but they must remember that many different factors and variables will impact the amount they receive.
This comprehensive guide to car accident broken finger injuries and claims covers the ins and outs of settlement amounts and how they work- as well as some of the things that contribute to compensation agreements in Ohio personal injury cases.
How Do Broken Finger Car Accident Settlements Work?
If someone is involved in a car accident that was not their fault and sustains an injury- including, but not limited to, a broken finger- they can claim compensation from the at-fault party.
Settlement agreements are the ideal solution to a personal injury claim- as they avoid the need for court and a lawsuit. They work like this.
The injured person (plaintiff) asks for compensation based on the damages suffered. These include the medical expenses for treating their broken finger and other injuries, out-of-pocket expenses relating to the accident, property damage, lost wages, and more.
The at-fault party's insurance company responds to the request- either accepting the proposed amount, putting forward a counteroffer, or denying the claim all together.
Negotiations then proceed to reach an agreed settlement compensation amount.
If no agreement is reached, the victim must file a lawsuit and take their personal injury case to court, where a judge will decide how much compensation to award.
Settlements are not specifically for broken fingers. Instead, they cover all the damages (monetary and non-monetary) incurred as a result of the accident.
What Is the Average Broken Finger Car Accident Settlement?
Ohio personal injury verdicts for car accidents involving broken fingers range from $15,000 to over $1,000,000. These figures depend, of course, on the details of the accident and the extent of the injuries overall.
Average figures are difficult to say- since one high-value case can create a misleading figure. Across the US, the median personal injury verdict amount is around $73,000 for car accident claims involving hand and finger injuries.
It is important to note that the broken finger alone does not generate the entire settlement- there are other elements to consider when calculating how much compensation is owed.
What Factors Impact Compensation in a Broken Finger Injury Claim?
One of the reasons it is difficult to pinpoint an accurate average personal injury settlement for a broken finger is how varied these injuries and their impacts are. Two car accidents resulting in a finger injury can be completely different, and the settlement values even more so.
Here are a few factors that influence how much compensation is awarded for a broken finger injury.
Type of Injury
Finger injuries- even breaks- vary significantly. These are some common finger injuries seen in car accidents.
Soft tissue injuries
Fractured fingers
Clean breaks
Crushed bones
Lacerations (to the skin, muscles, blood vessels, etc)
Torn ligaments
The type of injury greatly impacts the settlement value. A completely severed finger- or one crushed so badly that it requires amputation- counts as a permanent disfigurement and disability. This is cause for higher compensation. Simple cuts or fractures are less serious- and less likely to have long-term effects- so the settlement compensation may be lower.
Extent of Treatment
Treatment options are also an important factor. Some broken fingers only need rest to recover, while others may take surgery and physical therapy. Casts and bandaging are sometimes required for breaks that extend to a hand or wrist injury.
If a broken finger required surgery- including amputation- the victim can expect to receive more compensation than they would if it was only bandaged.
Overall Medical Expenses
In the simplest terms, compensation for a broken finger is based on how much it costs the victim to receive medical treatment. All medical expenses relating to the accident are considered in settlement negotiations and will have a significant influence on the eventual amount paid.
Surgeries, skin grafts, and physical therapy are among the treatments that can drive up medical bills for car accident victims with broken fingers. The more the medical care costs, the more compensation a person may receive.
Lasting Impact of the Finger Injury
Many finger injuries have other side effects, such as nerve injury, arthritis, and stunted movement. With any injury claim, the more long-lasting impact, the more compensation the victim can claim.
Amputated fingers, loss of function, severe nerve damage, or any disfigurement are examples of lasting results from broken finger injuries that generally open up the potential for a higher settlement.
Examples of Finger Injuries in Car Accidents
As mentioned above, car accident finger injuries take various forms. Here are some examples of injuries that may be sustained in certain types of crashes.
Crushing: A crush injury occurs predominantly in head-on or side-impact collisions at higher speeds. Depending on how and where the vehicle is hit, it can crumple and crush the driver. Certain body parts are more susceptible to crush injuries- including legs, arms, hands, and fingers. A driver may end up with a crushed hand or fingers if they do not have time to remove them from the wheel when they are hit from the front. A passenger with an arm hanging by their side is more likely to have a crushed finger injury if they are hit from the side.
Breaks: Fingers are delicate and break relatively easily with enough force. This is most likely to happen if the hand is bent backward at the point of impact. It can also happen when attempting to release a trapped hand.
Lacerations: Deep cuts are seen on fingers when glass shatters or a sharp broken edge digs into the hand. These can cause significant damage- including cut nerves, blood vessels, and important tendons. In some extreme cases, lacerations can also nick the bone and cause a fracture. Lasting nerve damage and loss of strength or movement are possible lasting effects of a severe finger laceration.
Severed finger injury: The most extreme finger break is one that severs all or part of the finger. This only generally happens in high-speed crashes with a lot of force- usually to the driver. Sometimes, a severed finger can be re-attached, but physical therapy is required to regain strength and motion. If there is too much blood loss or tendon damage, a finger may have to be amputated.
What Types of Treatment are Required for Broken Fingers?
Again, treatment options vary depending on the type of injury sustained. Here are some possibilities.
Rest: Broken fingers that don't have any other damage are not always treatable- time and rest are the only solutions. Once the bone heals, doctors can assess what further treatment is needed, if any.
Bandages or cast: More severe breaks or injuries with lacerations may need some extra protection. Casts are usually used for thumb breaks or where multiple fingers are affected. Bandages are used to secure knuckles and protect open wounds from infection.
Surgery: Shattered or badly broken fingers sometimes need surgery to rebuild. These surgeries can be complex, and physical therapy is often required during and even after the healing process. Surgery is also the only option when fingers are severed or if an injury is so severe that amputation is required.
How Does Treatment Impact Personal Injury Claims and Settlement Amounts?
Doctors provide detailed medical records for all treatment received for specific injuries following a car accident. Along with the receipts for those treatments, the report is used as evidence to support the claim and requested settlement amount.
Victims can claim all medical expenses incurred for treatment that was directly caused by the accident- as well as additional compensation for other costs and damages.
Medical Malpractice and Broken Finger Claims
In some special cases, car accident victims also have a medical malpractice claim. This only applies to people whose injuries lasting effects have been worsened due to negligence on the medical professional's part.
Examples of this include:
Poorly-applied stitches that lead to infection and scarring
Improper splints or casts that set the broken bones in the wrong place
Hand or finger injuries caused by the doctor
Nerve damage caused by surgical mistakes
Loss of a finger because of negligent care by medical professionals
Although these cases are very rare, they do happen. When they do, the settlement amounts can be very high. One example is a case in Georgia where orthopedic care on a child's broken arm led to permanent hand disfigurement. The settlement verdict was $9,000,000.
Other Things to Consider in Car Accident Personal Injury Cases
Car accident personal injury cases for finger injuries are more complex than just the broken finger itself. Many factors contribute to the overall settlement value.
Additional Injuries
A finger injury is rarely the only bodily harm sustained in a car accident. Broken fingers are fairly rare in a vacuum, so the chances are someone with one has also suffered other injuries.
Compensation is not awarded per injury but for the overall harm and related damages. The total medical bills play a central role in deciding the settlement value.
Severe injuries that have a larger and longer-lasting impact on a person's life require more medical treatment and generate higher settlements.
If, for example, a broken finger is accompanied by severe nerve damage that requires long-term physical therapy should receive more compensation.
Traumatic brain injuries and spinal cord injuries that lead to paralysis are usually the cases that see the highest settlement amounts.
Property Damage
Car accidents usually result in property damage expenses. Vehicles may be significantly damaged or completely totaled, and the at-fault party is responsible for covering the costs.
These expenses are included in the overall settlement amount under economic damages. The defendant's insurance coverage pays this once a value is agreed upon.
Lost Wages
Hand and finger injuries often interfere with a person's ability to work- as does the time spent receiving medical treatment. A personal injury victim can add any lost income to their compensation claim against the at-fault driver and their insurance company.
Future lost wages may also be considered if the injury prevents the victim from returning to their previous job for a while- or at all.
Pain and Suffering
Medical expenses, property damage, and lost wages are all considered economic damages because they have a set dollar value, but what about the things that don't? Pain and suffering expenses make up the non-economic portion of compensatory damages.
This is compensation designed to cover the emotional damages suffered by the victim. Trauma following the accident, the mental anguish of dealing with an injury, and the lasting impact on quality of life are all considered when setting the settlement value. A simple finger injury may not generate a significant amount of pain and suffering compensation, but an amputation or permanent injuries such as nerve damage will.
Comparative Negligence
Something else to consider when working out a settlement is the comparative negligence of the plaintiff and the defendant. In some car accidents, both parties are partially to blame. Ohio negligence laws state that if a plaintiff suffered injuries in a car accident that was more than 49% their fault, they cannot recover compensation. Examples of when both drivers may to be blame include:
When one driver runs a red light and crashes into a car that was driving above the speed limit
If a drunk driver hits a vehicle that was crossing into the wrong lane
When a driver crashes into the back of another because they were driving too close, but the car in front did not have working brake lights
In all of these cases, the first driver is primarily to blame. However, there is a case to be made by the defendant to show that their actions did not solely cause the accident. If the plaintiff is found to be 20% to blame, the total settlement value is reduced by 20%. If they are 10% at fault, it decreases by 10%, and so on.
Punitive Damages
Although punitive damages are separate from personal injury settlement amounts, they are still worth knowing about. If a person breaks a finger or suffers any other injuries in a car accident and files a lawsuit, a judge may apply additional punitive damages if they feel it necessary.
Punitive damages, as the name suggests, punish the at-fault driver for their negligence- while compensatory damages (that make up the settlement) are designed to repay the victim for losses.
Settlements are negotiated between lawyers and insurance adjusters, but only a judge can set punitive damages- and their decision is final.
How Much Compensation is Awarded On Average to Car Accident Victims in Ohio?
The average car accident settlement in Ohio for moderate injuries is a little under $20,000. Car accidents resulting in minor injuries are settled for around $5,200 on average, and the average personal injury settlement for severe injury cases is just over $316,500.
Severity of injury plays a central role in Ohio car accident settlements. Compensation ranges are vastly different depending on the type of injury sustained. Head injuries generally receive more compensation than back injuries or neck injury cases.
Minor injury car accident settlements in Ohio range from $1,400 to $9,700.
Moderate injury car accident settlements in Ohio range from $10,000 to $43,500.
Severe injury car accident settlements in Ohio range from $45,500 to $3,750,000.
The type of accident is also a factor. A rear-end collision receives more on average than a side-impact crash. Limits on compensation are also higher if a commercial vehicle is involved.
How to Claim Compensation for a Broken Finger After a Car Accident in Ohio
Anyone injured in a car accident caused by someone else's negligence can claim compensation. Personal injury lawsuits that go through court can drag out and take a long time, so reaching a settlement amount with the opposing insurance company is the most favorable solution for everyone.
To claim compensation for a broken finger and other injuries, victims should first contact a personal injury lawyer who specializes in car accident cases. Here is a step-by-step overview of the settlement process.
Together with a professional attorney, the victim can gather evidence to support their claim. Important evidence includes medical records, receipts for medical expenses, pay slips for lost wages, witness statements, expert testimony from medical professionals, and any proof to show what caused the accident.
A demand letter should be drafted and sent to the at-fault party's insurance company. This letter should include a detailed account of the incident and why the victim believes the person is liable for the damages. It should also state the settlement amount the victim is seeking and a declaration of the next steps if the insurance company does not agree (usually, moving to a lawsuit).
The insurance company can respond to the letter with a counteroffer. In most cases, they will offer a much lower amount, although sometimes they will deny the claim and choose to go to court. This is rare, but it is good to be prepared.
Legal representation from both sides then negotiates the settlement amount via counter offers- all with supporting evidence to back their claim. The victim's lawyers will try to show why they deserve more, and the insurance company will try to show why they should pay less.
Negotiations continue until a settlement amount is agreed upon. If negotiations fail, the victim can file a lawsuit and take the defendant to court.
How Can an Experienced Personal Injury Attorney Help?
Facing a settlement negotiation alone without trusted legal representation is difficult- and often results in victims being pressured into accepting settlements far lower than they deserve and are entitled to.
Personal injury are trained to navigate negotiations and push for maximum compensation on the victim's behalf- and they have the skills, resources, and legal know-how to do so.
An attorney will help build a solid case to give the injured person a strong claim to kick things off. They ensure high-quality evidence is included in the case and are prepared for any rebuttal. Additionally, they are used to insurance company tactics and know what to expect from a negotiation.
If things don't go well and the case needs to go to trial, they can present the case clearly and effectively to give the victim the best chance of a successful outcome.
Recovering from an injury is difficult- especially combined with the trauma of being involved in a car accident. Many injuries- including broken fingers- take time and ongoing treatment to fully heal, so battling an insurance company for financial compensation is a lot to expect of anyone. Having a lawyer on their side gives victims the backing and support they need- as well as the legal guidance to get the settlement offer they deserve. They can also help with delayed chest pain after car accident.
Schuerger Schunnarah Go to War for Tol Car Accident Victims
Schuerger Schunnarah of Toledo, Ohio, goes to war for victims injured in car accidents. The dedicated and passionate legal team fights for maximum compensation and justice for those who have suffered due to someone else's negligence.
These legal experts leave no stone unturned and take every case personally. Years of experience working with Toledo car accident victims has secured their place as one of Ohio's elite personal injury teams. Speak to the team today to arrange a free consultation to discuss a case.
Let experts who care help you get the settlement you deserve, and hold the people responsible accountable for the pain and suffering caused.