Broken bones: the 'objective' injury insurers still underpay

By Kyle P. Cottner, Esq. · Las Vegas Trial Attorney · 6 min read

A fracture should be the easy claim: it is on the X-ray, nobody can call it imaginary. And yet broken bone cases get underpaid constantly, because the insurance company prices the X-ray and ignores everything that comes after it: the hardware, the stiffness, the months off work, the arthritis a decade later. Here is what a fracture claim should actually include.

Not all breaks are equal

A simple, non-displaced fracture in a cast for six weeks is one claim. A comminuted fracture requiring plates and screws, an intra-articular break that crosses a joint surface, a crush injury, or a fracture that needs hardware removed later is an entirely different one. Wrists, ankles, hips, ribs, and vertebrae each carry their own complications.

The insurance company's first offer is usually built on the simple-break template no matter what you actually have.

What the X-ray does not show

Surgical hardware that aches in the cold and may need removal. Joint fractures that heal into early arthritis. Nerve symptoms from swelling or the injury itself. The muscle loss and stiffness from immobilization, and the physical therapy needed to fight it. For older clients, the cascade a hip or vertebral fracture can start.

Every one of those belongs in the demand, with medical support, before any number is discussed.

The future-care number

The most commonly missing piece in fracture settlements is the future: hardware removal surgery, post-traumatic arthritis treatment, joint replacement decades early. Once you settle, every one of those costs is yours forever. A credible physician's future-care opinion converts them into present-day settlement value, and obtaining it is standard practice in every serious fracture case Kyle handles.

What it is worth

Fracture value tracks the break's complexity, the surgery, the recovery arc, the work missed, and the permanence: hardware, arthritis risk, and lost function. Documented properly, these are substantial claims; settled fast, they are the insurance company's favorite bargain. Kyle has recovered $11.8 million in a collision case, and the difference is always the same: the file was complete before the negotiation started.

This page is general information about common crash injuries and Nevada law, not legal or medical advice. For your health, see a doctor. For your case, call (702) 530-7777 for a free consultation.

Related Questions

People also ask.

Yes. Full healing does not erase months of pain, lost work, therapy, and disruption, and 'healed' on an X-ray does not always mean back to normal. The claim covers what the injury cost you, not just its ending.

Bills are the floor, not the value. A fracture claim also includes lost income, pain and suffering, and future care like hardware removal or arthritis treatment. An offer that only covers bills is an opening position, not a settlement.

Then you pay for it, forever, with no recourse. That is precisely why future-care opinions come before settlement, never after.

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