The 2 bones in your lower leg are the tibia and the fibula.
Article Assumes Someone Else Was Negligent in Florida; You Have No Fault
Unless I say otherwise, everything in this article assumes that:
- Someone else’s carelessness caused your injury in an accident in Florida.
- You were not at fault.
Doesn’t Apply to Just Workers Compensation Claims
Note: If you’re hurt while working in Florida and nobody other than your employer is at fault, most of the time you cannot get money for pain and suffering.
Easier to Get Pain and Suffering Money With Tibia Fracture from Car Accident
In most Florida car accidents, you have to show that your injury is permanent in order to get money for pain and suffering.
Adjusters More Likely to Believe Tibia Fracture is Permanent Injury
In tibia fracture cases, it is easier to show that your injury is permanent than if you had a soft tissue injury.
This is because juries are more likely to believe that a fracture (broken bone) is a permanent injury.
Increased Chance of The Insurance Company Pays You the BI Limits
All things equal, you have an increased chance that the liable party’s bodily injury (“BI”) liability insurer pays you the insurance limits if you have a tibia fracture.
Will Car Insurers Pay $10,000, $20,000 or $25,000 Limits if You Have a Tibia Fracture?
In most car accident cases, yes. This assumes that the responsible party’s BI limits are in these amounts.
If Liable Driver Has No Insurance; You May Get Zero
The responsible party may not have BI liability insurance. If this is the case, their insurer won’t offer you any money.
Starting Point for Pain and Suffering Component of Tibia or Fibula Fracture ($25,000 to $40,000)
The starting point that I use for the full value of the pain and suffering component for a tibia or fibula fracture (without surgery) is $25,000 to $40,000.
Full Value of a Tibia Fracture Case
Add your economic damages (out of pocket medical bills, lost wages) to the pain and suffering value. This gets to you to the full value of the case.
Tibia or Fibula Fracture With Surgery
A fibula or tibia fracture with surgery (ORIF) may have a full value for pain and suffering component of $100,000 or more.
If you have surgery, the full value of pain and suffering component generally increases significantly.
Tibial Plateau Fracture Settlements
Bad Resultant Disability Increases Value
If you’re left with a bad disability such as a limp, this increases the full value of the pain and suffering component of your claim.
Limp Increases Value
The worse your limp, the higher the full value of the pain and suffering component.
Child Growth Plate Injuries Raise Value
A child’s fracture that results in a growth plate injury may be worth more.
Unequal Leg Length Increases Full Value
If your legs are not equal in length after your broken tibia, this may also increase the value of your case.
Pedestrian Hit By Car Gets $325,000 for Tibia Fracture
Check out this $325,000 settlement after a driver crashed into a pedestrian in Coconut Grove, Florida. A rod and screws were put in his broken leg (tibia).
X-ray Shows Tibia Fracture
Below is an x-ray which was taken at the hospital and shows the fracture.
External Fixator Raises Value
At the hospital, an external fixator was drilled into his leg, which you can see below.
The fixator was removed within the year.
Rods and Screws in Tibia Increase Value
The rod and screws were left in place. Below is an x-ray which was taken after the external fixator was removed from his leg.
Driver Gets $25,000 for Tibia Fracture from Car Crash
An elderly man got the careless driver’s $25,000 policy limits for his broken (fractured) tibia. A driver of a vehicle crashed into him.
My client did not purchase uninsured motorist (“UM”) coverage. It may have resulted in a bigger settlement.
Boy Gets $800,000 in Pain and Suffering for Growth Plate Damage to Tibia
A 6-year-old boy got $800,000 in pain and suffering for his permanent growth plate damage on a tibia, and arthritis in his knee. His doctor said that he would need future surgery.
Height Difference in Legs Increased Value
As a result of the growth plate damage, there was a 4-6 inch difference in the length of his legs.
Sued for Failure to Clean Out Fracture
The boy’s parent(s) sued a doctor for failing to property diagnose and treat his condition, failing to speak with an infectious disease doctor, failing to perform surgery to clean out the fracture, and failing to prescribe antifungal medication.
Minor Settlement Needs Court Approval
Because the gross (total) settlement was greater than $50,000, court approval of the settlement was needed. I am almost certain that the minor’s net settlement (after all attorney’s fees, costs and bills) was greater than $15,000, so a minor guardianship of the property was also needed.
Pedestrian Gets $950,000 For 3 Tibia/Fibula Surgeries ($677,000 was for Pain and Suffering)
This isn’t my case. See this $677,000 verdict for pain & suffering against State Farm for a pedestrian who was hit by a car in Florida.
He had 3 surgeries to his tibia. He also had a shoulder tear.
Child Gets $292,000 in Pain and Suffering for Tibia Fracture
This isn’t my case. A child and her family were living in an apartment building in Hialeah, Florida.
She Claimed Electrical Meter Fell on Her
The child was injured when a structure that was above the electric meter fell on the child. The child’s parents sued the apartment complex for failing to use reasonable steps to maintain the property.
Apartment Complex Argued Girl’s Brother Leaped and Grabbed Overhand
The apartment complex claimed that it was not liable and said that the girl’s brother leaped and grabbed the overhang and that was the cause of her injury.
Apartment Complex Said Claimed No Notice of the Hazard
The apartment complex also said that it had no notice of the dangerous condition. The jury verdict found the apartment complex 100% responsible.
She Also Fractured Some Ribs
The pain and suffering value for the ribs usually make up a small portion of this award as compared to the tibial fracture. This is because tibia fractures are usually worth more than rib fractures. I don’t know if the injured person got money for medical bills.
Did someone’s carelessness cause your lower leg injury in an accident in Florida, or on a cruise or boat? Did you hurt another body part?
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Check out some of the many Florida injury cases that we have settled, including but not limited to car accidents, truck accidents, slip or trip and falls, motorcycle accidents, drunk driving (DUI) accidents, pedestrian accidents, drunk driving accidents, taxi accidents, bicycle accidents, store or supermarket accidents, cruise ship accidents, dog bites and much more.
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We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
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Editor’s Note: This post was originally published in April 2013 and has been completely revamped and updated.