In this article, I’m going to talk about the average settlement for a broken arm.
That’s not it.
We’re going to do an in-depth review of settlements.
Specifically, we’ll look at a broken arm from a car accidents. Then, we’ll also estimate compensation for a broken arm from other types of accidents.
In this article, when I use the word “arm”, I’m referring to the humerus.
First of all, you need negligence to have a claim for pain and suffering. If someone else wasn’t negligent, the injured person can’t get money for pain and suffering.
I’m going to quickly talk about humerus fractures. Then, I discuss accident settlements for humerus fractures.
Table of contents
- What is the Humerus?
- Past Jury Verdicts for a Broken Arm in Florida
- How Much is a Humerus Fracture (Without Surgery) Worth?
- 95% of Broken Arm Cases Are Worth Under $330K
- When else might a broken arm may be worth over $325K?
- What’s another set off facts where a broken arm may be worth over $325K?
- $240,000 Settlement for Broken Arm (Humerus) in 2021
- $250,000 Settlement for Broken Arm (Humerus) from Slip and Fall
- You May Owe Your Health Insurance Company Much Less Money if You Hire a Lawyer
- $170K Settlement for Broken Arm (Humerus)
- Multiple fractures of the Humerus of your Shoulder (No Surgery)
- Example of Settlement Value for a 3 Part Humerus (Arm) Fracture
- Surgery on a Broken Arm Increases the Full Value for Settlement
- $197.5K Settlement for Broken Arm (Humerus) from Slip and Fall at Hotel (Pensacola)
- $30K Settlement for Humerus Fracture from Fall (Lauderhill, Florida)
- $10K Settlement for Humerus Fracture (Pedestrian Hit By Car in Miami)
- Shopper Wins $1.5 Million for Pain and Suffering for Humeral Head Fracture
- Jury Awarded Her $77,500 Per Year for Her Future Pain and Suffering
- Car Crash Victim Wins $471,000 for Broken Humerus and Elbow
- Day Laborer Gets $320K for Humerus Fracture
- Jury Awards $38K for Fractured Humerus and Shoulder, and Other Injuries
- Lady Wins $320K for Pain and Suffering (Humerus Fracture)
- $400K Settlement for Broken Humerus (Trip and Fall)
- $700K Verdict for Pain and Suffering for Fracture (Dominant Arm’s Humerus)
- Do Most Humerus Fractures (with Surgery) Settle for $700K?
- Do Different Insurance Companies Pay Different Amounts for Broken Arm (Humerus) Settlements?
- How Long Will It Take to Settle a Broken Arm Case?
- How Do Uber and Lyft Handle a Broken Arm (Humerus) Cases?
- When Should Uber or Lyft’s Insurance Company Quickly Settle a Broken Arm Case?
- Which Rental Car Companies’ Insurance Has High Enough Limits to Pay for the Settlement Value of a Broken Arm?
- Rental Car Occupants Should Not Quickly Settle With the At Fault Driver
- Which Rental Car Companies Offer $100K in UM Coverage in Florida?
- Does Avis or Budget Rent a Car Offer Uninsured Motorist Coverage?
- Some Other Rental Car Companies Don’t Offer UM Coverage (in Florida)
- Types of Humerus Fractures
- Symptoms of Humerus Fractures
- Medical Treatment for Proximal Humerus Fractures
- International Visitors Who Break Their Arm in a Florida Accident
- Did someone cause your arm injury in Florida, or on a cruise?
- Call Us Now!
What is the Humerus?
The humerus is the long bone in the upper arm. It is located between the elbow joint and the shoulder. The humerus is one of the 3 bones that makes up the shoulder.
Surgery increases the full value of the case.
Surgery often involves fixation of the fracture fragments with plates, screws or pins. Alternatively, you may need a shoulder replacement. A shoulder joint replacement is called a shoulder arthroplasty.
Past Jury Verdicts for a Broken Arm in Florida
Below is a chart of Florida verdicts and settlements for a broken arm (humerus). These are verdicts and settlements of which I’m aware.
A couple of the settlements in the chart are mine. The rest are other Florida personal injury attorneys’ verdicts and settlements.
The chart covers the time period from August 2015 through August 2018.
Why did I only include settlements and verdicts for the recent 3 year time period?
Because a couple of Florida courts have said that cases decided more than five years earlier were of limited value. Hyundai Motor Co. v. Ferayorni, 842 So.2d 905, 908 (Fla. 4th DCA 2003).
Also, don’t get too excited by many of the huge verdicts in the pie graph above.
In many of those cases, the broken arm was just one of many injuries.
In order to get $5 Million for a broken arm, you also likely need to have many other injuries. Even if you had six surgeries to your humerus, the pain and suffering likely isn’t worth $5 million.
To get over $5 million, the injured person would likely need to have a broken arm, and be paralyzed. Alternatively, the injured person would likely need to have a broken arm and a severe brain injury.
Also, I didn’t include any verdicts where the injured person lost at trial. Yes, it’s possible to get no compensation.
Which cases is the injured person is most likely to lose at trial?
- Slip and fall cases where the injured person can’t show notice.
- Hotly contested liability car accident cases.
How Much is a Humerus Fracture (Without Surgery) Worth?
An average of past Florida jury verdicts shows that the full value of the pain and suffering component of a humerus fracture is $50,000 or so. I’m talking about a broken arm without surgery.
If the injured person is left with disability and/or arthritis, the value can increase.
Disability includes, but is not limited to, loss of range of motion, difficulty sleeping due to pain, etc.
95% of Broken Arm Cases Are Worth Under $330K
I estimate that about 95% of broken arm cases are worth $330,000. This is based on my actual settlements and Florida jury verdict research. I’m referring to just the value of the broken arm part of the case.
I also speak with injury attorneys and try to keep up with their settlements.
Is it possible to get over $325,000 as a settlement (without a lawsuit) for a broken arm?
Yes. However, the injured person will likely need all of the following:
- Surgery to a broken humerus with a significant resultant disability; and
- Clear (100%) liability on the responsible party; and
- An attorney who is an experienced negotiator and who can help find aggravated liability on the defendant.
- The accident happened in a county whose juries tend to be liberal. (Some Florida Counties that are liberal are Miami-Dade, Broward, Palm Beach County and Orange County.)
Another set of facts where your attorney may be able to get you a settlement of over $325,000 is if you had:
- Surgery to a broken humerus; and
- Clear (100%) liability on the responsible party; and
- The company who caused your injury has a reputation for paying above average; and
- The accident happened in a county whose juries tend to be liberal.
- An attorney who is an experienced negotiator and who can help find aggravated liability on the defendant.
When else might a broken arm may be worth over $325K?
Another scenario where you may get $325,000 (or more for your broken arm) is if the:
- The claimant has two or more surgeries to a broken arm; and
- There is some potential liability on the defendant.
- You have a excellent lawyer who can help increase the target defendant’s liability exposure; and
- You have an experienced personal injury lawyer who has settled cases similar to yours.
- The responsible party’s insurance company pays above average.
In above instances, a settlement of over $330,000 would not be shocking. It’s still not a guarantee by any means at all. However, you will likely need a good paying insurance company to get $330,000 or more.
Some examples of good paying insurance companies are Nationwide (National Casualty Company), CNA, or The Hartford. Also, some defendants have a reputation for paying well. A good personal injury lawyer will know (or can find out) which defendants have a reputation for paying well.
What’s another set off facts where a broken arm may be worth over $325K?
Another set of facts where the case may be worth over $325,000 is for:
- Surgery to a broken arm and an inpatient hospital stay for a couple of days (or more); and
- The injured person has no health insurance; and
- You have an excellent personal injury lawyer.
In this last scenario, not having health insurance may result in medical bills of $100,000 or more.
Above, I said that the injured person will likely (or may) need to meet certain criteria to get $325,000 or more. However, those are not the only situations where an injured person can get $325,000 or more for a broken arm.
There are many other scenarios. However, most broken arm cases are worth much less than $330,000.
$240,000 Settlement for Broken Arm (Humerus) in 2021
Shirley was staying at a hotel in Hollywood, Florida. While she was in the pool courtyard, she claimed that she tripped over a raised edge (1/2 an inch or so) in the walkway. She said that she didn’t see it before she tripped.
Shirley had horrible shoulder pain. Paramedics came to the hotel and took her to the hospital.
There, an x-ray showed that she broke her upper arm bone (humerus).
Shortly thereafter, she searched for a hotel injury lawyer. I gave her a free consultation and she hired me.
After the fall, Shirley’s friend came to the hotel. She took a photo showing that the general area was blocked off.
As you can see from the photo, yellow caution tape was put up after the fall.
It was good to have this photo.
However, it would have been MUCH better if the Shirley’s friend would have walked much closer to the alleged hazard that Shirley tripped over and taken several photos of it. She should have taken photos from different angles.
Always take photos from close up and far away of the hazard that caused you to break your arm. And use measuring tape to measure the change in height of the walkway. I can’t stress this enough.
Shirley was eventually able to take photos and and video of the walkway. She sent them to me.
I added a red arrow to the area where Shirley claimed that she tripped and fell.
Take a look:
However, I could not see anything wrong with the walkway. This concerned me.
This is because, in any personal injury case, you have to show that someone did something wrong in order for you to get compensation. And if at the time of Shirley’s trip and fall, there was nothing wrong with the walkway, she would not have a case.
I assume that the hotel owner or its management company fixed the walkway very quickly after her fall.
A doctor performed surgery on her broken arm (humerus)
A doctor put a plate and screws in her shoulder to fix Shirley’s arm. This is an x-ray of her plate and screws in her arm.
They used staples to sew up her arm.
You can see the staples:
Medicare paid most of her medical bills.
Raphael and Associates handled the claim for the hotel’s insurance company, The Princeton Excess and Surplus Lines Insurance Company.
Raphael’s first offer to us was only $20,000! Take a look at my email to them after we got that offer.
After a whopping 10 offers later, we settled with the hotel’s insurance company for over $240,000.
Here’s the redacted settlement check:
The good news?
The settlement was 12 times the hotel’s insurance company’s first offer. I estimate that around $233,000 (97%) of the settlement was for Shirley’s pain and suffering.
We had to pay Medicare back from the settlement. However, they had to reduce their claim by lawyer fees and costs. We paid Medicare $6,543 from the settlement.
After my attorney fees, costs, and paying Medicare and Shirley’s other health plans, she got $154,595 in her pocket.
I did not charge her a fee on $5,000 of the settlement, which was from the Medical payments coverage in the hotel’s insurance policy.
Shirley gave us this review.
Justin and Jenny [paralegal] are incredible!! They delivered in a big way financially helping me secure a significant settlement.
They also delivered in a caring way, understanding I was going through a very difficult and challenging time.
They were empathetic and personable; their world guidance and advise made everything so much easier for me.
I cannot thank them enough. I highly recommend working with them.5 star review on Google Maps
$250,000 Settlement for Broken Arm (Humerus) from Slip and Fall
Angela lives in DeBary, Volusia County, Florida. In 2018, she decided to take a vacation and stay at a resort in Lake Buena Vista (near Orlando), Florida. While attempting to take a bath, she slipped and fell. She fractured her proximal humerus.
In the MRI image below, you can clearly see her broken arm.
At Orlando Health hospital, doctors performed surgery. Specifically, she had several screws and a plate put into her arm.
About 20 days after she broke her arm, she began searching for an attorney who had a settlement for a broken arm from a slip and fall in a hotel bathtub. (Her husband saw my prior $197,500 settlement for a broken arm, which you’ll hear about in a moment). Check out the settlement check from that case:
Angela completed our Free online form to see if I could represent her.
I called her very quickly. On our first phone call, I explained to her the 13 benefits of hiring a personal injury attorney.
You May Owe Your Health Insurance Company Much Less Money if You Hire a Lawyer
In her case, one of the big reasons was to hire an attorney was because her health plan would have to reduce its lien by her pro-rata attorney’s fees and costs. But she’d only get that benefit if she hired a lawyer.
Let me explain:
When your health “insurance” pays medical bills and you settle an injury case, the health plan may try to get paid from the settlement. Angela had health insurance through her husband’s job in the local city government. In Florida, if your health insurance is through the city, county or state, it has to reduce its lien. It has to reduce its lien by your attorney’s fees, costs and other equitable factors. Police officers, firefighters, and all city, county and state employees in Florida are subject to this law. It’s a good law for injured people.
As you’ll see in a moment, this resulted in over a $7,000 savings to her. I’m still fighting to get an even a bigger reduction. Like an additional $8,000.
Shortly after we spoke, she hired me as her personal injury lawyer.
Philadelphia Insurance Company insured the resort. Philadelphia typically has had a bad reputation for fairly paying personal injury claims. They insure many apartment complexes and condominiums in Florida.
2nd Surgery Added Big Value to Her Case
Unfortunately, even after surgery, Angela had pain. Ultimately, the orthopedic surgeon (Dr. Benjamin Service) removed the hardware from her arm. An additional surgery adds major value to a case.
Here is what her incision looked like after the doctor removed the hardware:
Angela now has two scars on her arm. Scars increase the full settlement value of a case. Especially scars on a woman.
The hotel’s insurance company’s first offer made a first offer of $12,500. I found some online reviews where other guests complained about issues with the same hotel’s bathroom.
In August 2019, I settled her slip and fall case for $250,000. Here is the settlement check:
The settlement was for 26 times the insurance company’s first offer! This $250,000 settlement is much higher than the average settlement for a broken arm from a slip and fall accident.
This is a comparison between Philadelphia Insurance Company’s first and final offer:
About 96% of this payout was for pain and suffering:
Angela’s health insurance company paid most of her medical bills. We had to pay them back.
Since she had an attorney (me), I was able to her health insurance company to accept under $9,500 as settlement of their lien.
After paying off Angela’s health care lien, and charging for my attorney’s fee and costs, Angela got $157,353 in her pocket.
Angela got a check for 63% of the total settlement.
The $250,000 settlement was 27 times her final out of pocket medical bills and health insurance liens.
At least in this case, Philadelphia seems to have been more fair than in the past. I actually enjoyed working with the two Philadelphia Insurance adjusters assigned to this case: Dawn Hicks and Korina Bars.
Her health plan paid around $23,000 in medical bills. It offered to reduce its lien by my pro-rata attorneys fees and costs. Since I charged Angela 33 and 1/3 percent of the total settlement, the health plan had to reduce by the same percentage (33 and 1/3).
Thus, the health plan (via the Rawlings Company) offered to accept around $15,000 to settle its lien. I argued that Angela didn’t get full value because of the difficulty in proving her case. Therefore, I offered the Rawlings Company $7,430 to settle its lien. They accepted my offer.
Most importantly, Angela is very happy with the settlement.
$170K Settlement for Broken Arm (Humerus)
Zach lived in West Virginia. He came to vacation in Sarasota, Florida with his mom, sister and his mom’s friend (Jessie).
While in Sarasota, Florida, Jessie rented a car through Thrifty Car Rental. Jessie was driving the car. Zach was a back seat passenger.
Jessie crashed into the car in front of them. Zach’s arm struck the seat in front of him.
Zach was a minor (17 years old). Thus, his mom hired me to represent him in his personal injury claims.
I made a claim against the Thrifty rental car driver. When the driver rented the Thrifty rental car, he purchased a Liability Insurance Supplement (LIS). The LIS coverage gave him $2 million in liability coverage. GEICO insured his personal car in West Virginia. However, the rental car’s insurance was primary to the driver’s personal insurance.
After the accident, the rental car looked like this:
There, doctors diagnosed him with a distal humerus fracture. In this case, “distal” is the upper arm bone that is closest to the elbow.
A doctor operated on his arm bone.
Here is a photo of Zach at the hospital in Sarasota, Florida.
Zach’s arm healed very well. In fact, he no longer has pain in his arm. However, he has a scar on his arm. (Scars can be worth a good amount of money.)
ESIS’ first settlement offer was for $125,000.
Within 8 months of the accident, ESIS (Ace) paid us $170,000 to settle Zach’s injury claim. The actual settlement checks are below.
The checks say Hertz corporation because Thrifty is a subsidiary of Hertz.
Here is a comparison between the first offer and settlement:
It gets better:
We only had to pay back $43 for Zach’s medical bills.
Thus, 99.9% of the total settlement amount was for Zach’s pain and suffering.
After my attorney’s fees, costs and his final medical bills/liens, Zach received about $113,260 in his pocket.
Zach’s settlement was 3,953 times his final out of pocket medical bills:
That is a great result.
You can read more about this $170,000 personal injury settlement. I’ve settled $1 million in cases for people who lived in another state and were hurt in a Florida car accident.
Here is my client’s 5 star review on Google:
In addition, Zach’s mom recommended me on my law firm’s Facebook page. After all, she initially hired me when Zach was still a minor. Here is what she said:
I found Justin after being in a car accident with my kids in Florida. My then 17 year old son suffered a fractured humerus and needed surgery with permanent hardware.
I tried for the first couple months to deal with the insurance companies on my own and then realized I needed professional help.
That’s when I found Justin and called him up for some advice. From the very first phone call I knew I could trust him. He worked tirelessly to make sure my son received a fair settlement for his injuries. He’s always available to answer your questions and concerns and fights hard so you can relax.
My son just received his settlement and is very happy! We could’ve never done this on our own. If you hire him to represent you, you won’t be disappointed!
Multiple fractures of the Humerus of your Shoulder (No Surgery)
Let’s assume the following facts. Brenda has a multiple fracture of the humerus of her shoulder. She has a major range of motion limitations and consistent pain. She can’t sleep through the night due to pain even if she takes sleeping medication.
Brenda is active. The doctor doesn’t recommend surgery. She doesn’t have any other major medical problems. In this case, $100,000 to $175,000 is a starting point for the full value for the pain and suffering part of her case for settlement purposes (in Florida).
This is true even if Brenda is an elderly person. Keep in mind that the full value still needs be adjusted by any factors that can reduce the amount of money that you an injured person may get.
Example of Settlement Value for a 3 Part Humerus (Arm) Fracture
You are 85 years old. Another car hits you while you are driving your car. To keep this example simple, we will assume that the other car hit the rear of your car and the other driver admits that he is 100% at fault.
You suffer a 3 part proximal humerus fracture. Your out of pocket medical bills are $15,000 and you are told that your future medical bills are going to be $5,000.
You can’t sleep through the night due to pain, even though you take sleeping pills. You have restricted movement of your shoulder.
The doctor does not recommend surgery. Apart from this humerus fracture, you are in good health.
This is how I would calculate the full value of the case:
Full Value = Past medical bills + Future medical bills + Pain and suffering
= $15,000 + $5,000 + ($100,000 to $175,000)
= $20,000 + ($100,000 to $175,000)
Full Value = $120,000 to $195,000
Surgery on a Broken Arm Increases the Full Value for Settlement
Surgery to fix your humerus increases the full value of the case. This is no different from surgery to any body part. In fact, surgery is often the biggest driver of case value.
What is the full value of pain and suffering for a broken arm and surgery?
Past Florida jury verdicts put it between $150,000 to $250,000 or so. This is similar to full value of pain and suffering for a broken wrist (with surgery).
What if you have a distal humerus fracture (a break that is closer to your elbow)?
The blue arrow below points to an image of a supracondylar humerus fracture. The elbow x-ray below shows a supracondylar fracture in a young child. (The H = humerus, R = Radius, U = Ulna).
A supracondylar humerus fracture is a fracture of the distal humerus just above the elbow joint.
In this instance, you may also have radial or ulnar nerve damage, cubital tunnel or other issues. Those problems may further increase the value of your pain and suffering. I will talk about distal humerus fractures of the elbow later.
In order to get any money at all, someone’s negligence has to caused your accident. They need to have liability insurance or be collectible.
There is no guarantee that you will get any money in your case because many factors affect the amount of money that you may get.
If someone is injured while working, his or her employer likely won’t owe money for pain and suffering. However, there are exceptions.
If someone other than your employer caused your accident, you may still have a case against that party. You may be able to sue for pain, suffering, and out of pocket medical bills. You could also make a claim for lost wages.
$197.5K Settlement for Broken Arm (Humerus) from Slip and Fall at Hotel (Pensacola)
A lady from Texas was visiting Pensacola, Florida. She stayed at the Courtyard Marriott hotel.
While entering the bathtub, she slipped and fell. She broker her arm. Specifically, she fractured the shaft of her humerus.
I asked the hotel to tell me its insurance limits. Travelers insured the hotel. An ambulance took her to the hospital. There, an x-ray revealed that she had a broken arm.
Shortly after her fall, she hired me as her Florida injury lawyer. I sent a request to preserve evidence to the hotel.
The injured lady had surgery when she flew back to her home state. Above, you can see the x-ray of the plate and screws in her arm.
We settled her broken arm case for $197,500. This just one of my many personal injury settlements.
What is the nice thing about a claim (for a broken arm) against a hotel?
There will likely be at least $1 million in liability insurance coverage.
$30K Settlement for Humerus Fracture from Fall (Lauderhill, Florida)
The parents of a child claimed that she fell off a loose bench. She was diagnosed with a simple humerus fracture.
It happened in the park of a Lauderhill, Broward County, Florida condominium complex. Mt. Hawley Insurance Company (RLI Corp.) insured the condominium association.
See more about this and other Florida premises accident settlements.
Mt. Hawley Insurance Company has a below average reputation. This is in terms of fairly paying Florida injury claims.
I settled a separate loose booth case. In this other case, we settled for $210,000. My client fell from a loose booth at a restaurant in North Miami, Miami-Dade County, Florida.
He fractured his wrist. Learn about Florida restaurant accident claims.
$10K Settlement for Humerus Fracture (Pedestrian Hit By Car in Miami)
A pedestrian was walking in a crosswalk in Little Havana, Miami-Dade County, Florida. A driver of a car hit the pedestrian.
An ambulance took her from the accident scene to the hospital. She was diagnosed with a fracture of the shoulder and thumb.
She hired me shortly after the accident. Here is a photo of her (in my office) with a sling for her shoulder injury.
As you can see from the photo, she has bruising on her left arm. Accident victims should take photos of any bruising of their arm. The victim can use this if the insurance company tries to argue that the claimant had the injury before the accident.
Specifically, her shoulder fracture was an impacted comminuted fracture of the humeral neck. There was displacement of the greater tuberosity.
Her finger fractures were nondisplaced transverse fractures of the proximal metaphysis of the proximal and distal phalanges of the thumb.
Who paid the pedestrian’s medical bills?
The pedestrian didn’t own a car. She didn’t live a relative who owned a car. Thus, she was able to get $10,000 in personal injury protection (PIP) insurance benefits from the insurance company of the driver who hit her.
United Auto Insurance Company (UAIC) insured the car that hit her. United Auto is a terrible insurer. I give United Auto a failing grade.
Therefore, they paid $10,000 directly to her medical providers for her medical bills. This left her owing very little in medical bills.
Additionally, United Auto Insurance Company insured the at fault driver with a $10,000 BIL insurance policy. United Auto paid us the $10,000 BIL limits to settle her personal injury claim.
The settlement check is below:
She was very happy with her portion of the settlement. After my attorney’s fees, she received almost the entire settlement. Here is a picture of her and Attorney Justin Ziegler after we gave her the settlement check:
Unfortunately, the driver wasn’t driving for Uber or Lyft that would have given him more insurance coverage. Our client didn’t own a car or live with relatives. Thus, she wasn’t entitled to uninsured motorist insurance.
Many pedestrian accident settlements are smaller because there isn’t enough insurance to pay for the fair value of the case. This is particularly true if the injured pedestrian has surgery on his or her broken arm.
Shopper Wins $1.5 Million for Pain and Suffering for Humeral Head Fracture
This is not my case. On August 11, 2010, Jessie Bellaiche, a 70-year-old woman, was shopping at a Publix store. She was with her husband, John Basilone.
While at Publix, she slipped and fell. She suffered multiple-bone fracture of her left shoulder. This included the complete dislocation and severing of the humeral head. Additionally, her rotator cuff was detached.
Jessie underwent major surgery to implant an artificial shoulder joint. The result of the surgery was poor. She was left with only limited movement of her arm which could only be fixed with a second major surgery. Years after the injury, she had per physical limitations and constant pain.
Bellaiche refused to undergo a second surgery. Her personal injury attorney offered to settle with Publix for $126,000.00. Publix didn’t accept the offer.
On November 20, 2015, a jury returned a verdict for Bellaiche. They awarded her over $1.5 million in damages! That is big money. Amazingly, the jury didn’t put any blame on the shopper for her fall.
The verdict was breakdown was follows:
The jury awarded her past medical bills leading up to trial ($60,356.22).
The jury also awarded her pain and suffering from the date of her accident to the end of trial ($500,000). It took her about 5 years from the accident until trial. Therefore, the jury awarded her $95,200 per year for her past pain and suffering.
Jury Awarded Her $77,500 Per Year for Her Future Pain and Suffering
The jury awarded her future pain and suffering of $1,000,000. Her future life expectancy at the time was 12.9 years. Therefore, the jury awarded her about $77,500 per year for future pain and suffering.
This is a very big award for a broken arm. In fact, it is way above the average broken arm settlement amount.
Why was the verdict so high?
Because her outlook (for her arm) was poor. She was left with limited movement. She had constant pain.
The bad news for the injured shopper?
On March 18, 2018, Miami-Dade County’s appeals court said that Publix wasn’t aware that there was water on the floor before the shopper’s fall. Without notice, they said Publix should have been entitled to have the case dismissed before a jury verdict.
Thus, the appeals court ruled in favor of Publix. The shopper gets no compensation. The case is Jessie Bellaiche v. Publix (3rd DCA Florida 2018).
Car Crash Victim Wins $471,000 for Broken Humerus and Elbow
This is not my case. An Escambia County jury awarded a motor vehicle accident victim $471,000 for a broken humerus and fractured elbow that resulted in surgery. The breakdown of the man’s verdict was:
- $134,000 – past medical expenses
- $154,000 – future medical expenses
- $15,000 – past pain and suffering
- $168,000 – future pain and suffering
The case is Logan Hammond Vs. Brandon J. Mathis, et. al. The date of the verdict was 5/7/2013.
Day Laborer Gets $320K for Humerus Fracture
This isn’t my case. A 45-year-old man was working as an independent day laborer when he suffered a compound humerus fracture. A compound fracture is when the bone sticks through the skin.
The jury found the defendant 45% at fault, and the claimant 55% at fault. Thus, the $320,000 verdict is reduced by the claimant’s percentage of fault (55%). This brings the recovery to $144,000.
The lawsuit was brought in Hillsborough County, Florida. The case is Hahn Vs. Meridian Lighting Inc. The date of verdict was June 10, 2014.
Jury Awards $38K for Fractured Humerus and Shoulder, and Other Injuries
This isn’t my case. A 75-year-old was awarded $38,157 for a fractured humerus, fractured shoulder, a back injury and a leg injury.
The case is Walters Vs. Beach Club Villas Condominium Inc. The lawsuit was brought in Miami-Dade County. The date of the verdict was March 6, 2015.
Lady Wins $320K for Pain and Suffering (Humerus Fracture)
This is not my case. A jury awarded $320K in pain and suffering in 2007 for a 66-year-old retired woman. She tripped and fell on rebar that was in the parking lot at Aventura Shops (a mall in Aventura, Miami-Dade County, Florida).
The woman sustained a fractured humerus (upper arm bone). She had physical therapy.
Learn about personal injury claims for falling at a Florida malls.
The defendant admitted fault. Her doctor said that she had a bad injury to her arm (humerus) and shoulder.
The doctor hired by the defense said that she had a bad injury but said that it healed. The breakdown of the award was $40,000 for past pain and suffering and $280,000 future pain and suffering.
The verdict was in 2007. The case is Lang v. Aventura Shops.
My thoughts: The injured woman was expected to live another 10 years or so. So basically the jury awarded $28,000 per year for her pain and suffering for the remainder of her life. The jury felt that this was a bad injury.
The verdict summary that I read did not go into detail about the severity of this fracture.
$400K Settlement for Broken Humerus (Trip and Fall)
This is not my case. A man tripped and fell over a bike rack while walking out of Publix grocery store. This was in Lee County, Florida. As a result, he broke his humerus (upper arm bone).
I do not know how much the medical bills or lost wages were. I think that this was a very bad (serious) humerus fracture. My reasoning is because the settlement was much larger than the average settlement value in Florida for a humerus fracture.
I will assume that the bottom part of the bike rack was poking out or that the man could not see the bike rack when he was exiting the grocery store.
If the bike rack was in plain view, the shopper would not have had a case because he would not have been able to show that Publix did anything wrong.
You have to prove that a grocery store or place where you are injured did something wrong in order to have a case against it.
A lot of work goes into a case against Publix or another store in Florida. This case is Adock v. Publix Supermarkets, Inc. The settlement was in 2008.
$700K Verdict for Pain and Suffering for Fracture (Dominant Arm’s Humerus)
This is not my case. It is actually a New York case. I typically don’t write about cases that aren’t in Florida.
Because Florida has enough humerus fracture settlements and verdicts for me to write about. Also, insurance companies usually look at past verdicts in the same state when valuing pain and suffering.
However, they don’t stop there.
More specifically, they look at cases in the same county.
In this case, a jury awarded $700,000 for pain and suffering. Half of the pain and suffering award was for her pain up to the time of trial. The other half was for her future pain and suffering.
A 68-year-old semi-retired woman (Robinson) suffered a comminuted fracture of her dominant arm’s humerus. The humeral broke into two pieces. The shaft broke as well.
Doctors performed a hemiarthoplasty. Here is an x-ray of a full arthroplasty.
Hemiarthroplasty is a surgical procedure that replaces one half of the shoulder joint. The humeral head is replaced with a prosthesis and the glenoid (socket) is left intact.
I think that she also had a bloody photo taken during surgery. Perhaps the jury saw it.
An injured person who had surgery to his or her humerus should ask the doctor to video the surgery. That way, the insurance company can appreciate the seriousness of the surgery. It may aid settlement discussions.
Do Most Humerus Fractures (with Surgery) Settle for $700K?
(I’m referring to distal humerus fractures. I’m also talking about humeral shaft fractures. Heck, I’m referring to all humerus fractures. We’re talking about a broken arm with surgery.)
The answer is No.
I’ll explain. In this case, the woman took her case to trial. For one, anything can happen at trial. Both good or bad. That’s why going to trial is referred to as “rolling the dice.”
However, there is more to it than that.
Doctors replaced half of her shoulder. She also had a humeral shaft fracture. That’s a big deal. She also had a gruesome photo of her surgery.
I also don’t know if her doctor said that she would need another shoulder replacement or revision surgery during her lifetime. That adds big value if the jury believes it.
Additionally, we don’t have the court file to get into the details of that case. I have shared some major facts. But I don’t know other details. I saw that verdict online. I’m assuming that the author of that article got the right amounts and facts.
Also, for all we now, Robinson had to take narcotics (drugs) daily for pain for the rest of her life. I don’t know if she did. But if so, that would add major value.
The devil is in the details. And the value of a humerus fracture case is in the details. This includes the injured person’s pain level, continued treatment, limitations and many other factors.
The case is Robinson v. 3512 Oxford Avenue Tenants Corp. (Supreme Court, Bronx County; Index # 25341/04; 2/11/08).
There are three main scenarios where an insurance company is like to pay more in a broken arm case.
One is if you are dealing with an out of state insurance company that doesn’t issue policies in Florida. Out of state insurers often pay a premium to settle cases. They usually pay much better than the usual suspects (GEICO, Progressive and State Farm).
Also, semi truck companies often pay much better. So do their insurance companies. This is because 18 wheelers and interstate trucks are subject to many laws. The trucking company often violates many safety laws.
The injured person can argue that the trucking company was putting profits over safety. Jurors can get really bothered at trucking companies. As a result, they often award more money to the injured person.
The third scenario is if the injured person is hit by a drunk driver. The injured person can threaten punitive damages. This can add big value (especially if the drunk driver has a high net worth.)
Do Different Insurance Companies Pay Different Amounts for Broken Arm (Humerus) Settlements?
Of the major insurers, Progressive and Farmers will likely offer the least to settle a humerus fracture case. Sadly, Progressive insures Uber in Florida. Despite their funny ads, Farmers and Progressive are terrible.
Of course, Windhaven and United Auto are horrendous. However, the bigger issue in cases with them is that there won’t be enough bodily injury liability insurance to pay for the full case value.
One step above them is State Farm, Allstate, Infinity, and Auto Owner’s. Don’t get to excited. These insurance companies are way below average.
GEICO, Travelers, Safeco, Liberty Mutual, CNA are all about average. They will likely offer more than the above companies to settle.
Examples of above average insurance companies are USAA, Zurich (Lyft’s insurer), Nationwide. The Hartford has a reputation for paying slightly better than those companies.
Which insurance companies pay the most to settle a broken arm case?
Chubb, Crum & Forster, The Hanover Insurance Group and Scottsdale. These companies are the best at paying for a case involving a broken arm. They are the least likely to require a lawsuit if liability is clear.
But make no mistake about it. They are still insurance companies. They are in the business of making a profit. The less they pay someone with an arm fracture, the more money they keep as profit.
How Long Will It Take to Settle a Broken Arm Case?
It will depend on whether someone else was liable. Therefore, slip and fall cases for a broken humerus will likely take longer to settle.
All things equal, car and motorcycle accidents may settle faster.
The other big factor will be whether there is enough insurance available to pay for the fair value of the case.
Thus, the time that it takes to get an injury settlement will vary.
How Do Uber and Lyft Handle a Broken Arm (Humerus) Cases?
People involved in an accident involved in Uber and Lyft passengers will often have more than enough insurance to cover the value of their arm (humerus) fracture case. However, this assumes that the Uber or Lyft driver was engaged in a ride at the time of the accident.
For example, in Florida, Uber and Lyft have a $1 million liability insurance limit when en route to pickup a passenger or during trips. Florida Statute 627.748(c)(1)(a). This liability insurance applies if the Uber or Lyft driver was at fault. Most broken arm cases are worth under $1 million. Even if the injured person has surgery.
Uber and Lyft passengers always have at least $250,000 in liability or UM coverage. Again, the liability coverage is $1 million limit and only applies if the Uber driver was at fault for causing the accident.
If another driver’s (not the Uber or Lyft driver) negligence caused you to break your arm in the crash, then Uber and Lyft have a $250,000 uninsured motorist (UM) coverage limit.
If an Uber is en route to pickup a passengers or during trips, Lyft’s UM limit is $250,000 per accident. In this same scenario, Lyft’s UM coverage is only $20,000 per accident.
When Should Uber or Lyft’s Insurance Company Quickly Settle a Broken Arm Case?
Whenever the value of a broken arm (and/or the rest of the case) is worth more than the insurance policy limits, the insurance company should quickly pay the insurance limits.
Below, are a few scenarios when either Uber of Lyft’s insurance company is “forced” to quickly settle a broken arm case. (I’m referring to situations where it would be a poor business decision not to quickly pay the claim. These scenarios assume that the injury is a broken arm.)
- A Lyft driver was en route to pick up a passenger (but not during a trip) and another car caused the accident. As a result, the Lyft driver breaks his arm.
- An Uber of Lyft driver has the app on (but was not en route to pickup a passenger or during a trip) and causes an accident. As a result of the collision, someone else breaks her arm. The “someone else” could be a pedestrian, bike rider, someone in another car. The list of possibilities is endless.
Which Rental Car Companies’ Insurance Has High Enough Limits to Pay for the Settlement Value of a Broken Arm?
If you purchased Liability Insurance Supplement (LIS) with Thrifty, Dollar or Hertz, it includes $1 million in uninsured/underinsured (UM/UIM) motorist coverage. This is great if the at fault driver is uninsured, and you have a broken arm.
This is because the average full settlement value of a broken arm is under $1 million. Even (in most cases) if you have surgery to your broken arm.
Thus, if a renter purchased insurance from Thrifty, Dollar or Hertz, that insurance policy should easily cover the fair settlement value of a broken arm case. At least in most scenarios.
The UM/UIM coverage applies (while occupying the car) for bodily injury and property damage.
Who insures Thrifty, Dollar and Hertz?
Ace American Insurance insures Thrifty. You should hire an attorney that can show you his past settlements with Ace. I’ve settled case with Ace. ESIS handles Thrifty’s car accident claims and settlements.
Rental Car Occupants Should Not Quickly Settle With the At Fault Driver
Assume that the at fault driver has $50,000 in BIL coverage. Let’s assume that the an injured rental car occupant has a broken arm. Here, the full value of the person’s broken arm case may be worth more than the at fault driver’s $50,000 BIL coverage limit. Or maybe it’s not.
In this instance, he or she should not quickly settle his or her injury case for $50,000 with the at fault driver.
First, the injured person does not want to give up the right to make a UM claim. This can happen if the you don’t follow a particular UM claim procedure. The tourist can also lose his UM claim if the settlement release with the at fault driver’s insurer is poorly worded.
Second, the injured person does not want to end up in Federal court. He or she wants to keep the case in Florida state court. There are many advantages to keeping your case state court (instead of Federal court).
Which Rental Car Companies Offer $100K in UM Coverage in Florida?
Alamo Rent a Car and National Car Rental. If you rented a car from Alamo Rent a Car, hopefully you purchased Extended Protection (EP). EP is optional. It is not required.
EP includes UM/UIM coverage for bodily injury and property damage in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection).
EP also includes additional coverage through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident.
Again, Florida doesn’t have a minimum UM limit. Thus, Alamo’s UM limit is $100,000 per accident.
Like Alamo’s EP insurance coverage is underwritten by Ace American Insurance Company.
National Car Rental also offers $100,000 in UM coverage if the renter purchased Supplemental Liability Insurance (SLI).
Does Avis or Budget Rent a Car Offer Uninsured Motorist Coverage?
I’m not sure if Budget Rent a Car’s Supplemental Liability Insurance (SLI) includes Uninsured Motorist/Underinsured Motorist coverage.
Budget’s website says that UM/UIM are not provided by the policy except in states where mandated by law up to maximum amount of $1 million in Florida or in such amounts as mandated by law.
However, Florida doesn’t require UM coverage. Thus, I assume Budget’s SLI does not have UM coverage. However, I’m not sure.
Avis’ website says that Additional Liability Insurance does not include UM/UIM coverageexcept in states where mandated by law up to maximum amount of $100,000 or in such amounts as mandated by law.
Thus, I assume that Avis does not offer UM coverage in Florida.
Some Other Rental Car Companies Don’t Offer UM Coverage (in Florida)
Unfortunately, some Florida rental car companies don’t offer uninsured motorist coverage. This is true even if you purchase LIS coverage when you rent a car. Examples of companies that I’ve seen who don’t offer UM coverage are small (mom and pop) rental companies, Enterprise Rent a Car, Sixt, Advantage Rent a Car.
Basically, if you want to be able to make an UM claim for a car accident in Florida, don’t rent a car through Sixt or Advantage Rent a Car.
Sixt Personal Accident Insurance (PAI) is underwritten by ACE USA.
Types of Humerus Fractures
- Distal Humerus Fractures is a break in the lower end of the upper arm bone (humerus)
- Proximal Humerus Fractures (top of the upper arm bone)
- Humerus Shaft Fracture (long part of the bone)
A proximal humerus fracture is technically a shoulder fracture.
Fractures of the top of the humerus can be caused by a head on blow to the area from a car accident, fall or collision.
Symptoms of Humerus Fractures
If you fracture your proximal humerus (top of the upper arm bone), you may have:
- A deformity
- A grinding feeling when you move your shoulder
- Inability to move your shoulder
- Swelling and bruising
These symptoms increase the full value of the case because they affect your quality of life.
You may also have a severely swollen shoulder, very limited movement of the shoulder and severe pain.
One of the aspects of a proximal humerus fracture that adds value to the case is that you will have severe pain. This increases the full value of the case. The more severe your pain, the greater the full value of the case.
Medical Treatment for Proximal Humerus Fractures
The majority of fractures of the proximal humerus can be cared for without surgery if the bone fragments haven’t moved out of position (displaced). If the broken bone parts have shifted out of position, you will likely need surgery.
International Visitors Who Break Their Arm in a Florida Accident
If you’re visiting Florida from another country, and you break your arm, you have rights. This assumes that someone’s carelessness caused your arm fracture. I’ve settled many claims for people who were injured in Florida while visiting from another country.
Did someone cause your arm injury in Florida, or on a cruise?
I want to represent you!
My Miami law firm represents people anywhere in Florida if someone’s carelessness caused their injuries. I want to represent you if you were hurt in an accident in Florida, on a cruise ship.
At any given time, I usually represent at least one person who has a broken arm. I’d love to represent you if you have a broken arm (or other serious injury).
Call Us Now!
Call us now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year.
No Fees or Costs if We Do Not Get You Money
We speak Spanish. We invite you to learn more about us.
Editor’s Note: This post was originally published in May 2013 and has been reviewed for accuracy.
Person Injured at Private Residence says
I fractured (spiral fracture of the Humorous) my arm a few days ago by falling at a private residence were I had been staying with the homeowner platonically at in WPB. I also was grossly mistreated medically and physcologically at Wellington Hospital where I was coersed in to taking Morphine even though all of my medical records for many years clearly state that I can not take opiates as I will halluciate especially when pain and sleep deprived which is exactly what happened.
I am currently staying at the WPB hotel having been released from West Palm Hospital, because the homeowner would not allow me to return to his home to recover after the accident so I would greatly appreciate a comp consultation on how to proceed in filing a claim against the homeowner’s GL policy and also possibly to file a complaint for neglience against the homeowner. I look foward to hearing from you at your earliest convience. I believe that medical malpractice case(s) against a doctor & a local hospital may also be very viable. Thanking you in advance for your prompt attention to this matter. I wish you and yours a very healthy and happy New Year and am hoping that with your assistance, I also will have the same!
Justin Ziegler, Injury Lawyer says
Dear Person Injured at Private Residence #1,
Thank you for posting a comment and asking me for a complimentary consultation. I am sorry that you were injured. I called you and left a voice message asking for a return call. The purpose of the consultation is to see if this is something that I can assist with. If you have a more specific question, you are welcome to ask it here. I wish you a happy New Year as well.
I am not your attorney. This is not legal advice. There is a 4 year time limit to file a lawsuit in Florida for an action founded upon negligence. Florida Statute 95.11(4)(b) states the time limit to sue for medical malpractice in Florida. Florida Statute 95.11 gives the time limits to sue for other causes of action.
I was recently in ft Lauderdale walking with my girlfriend when we were both struck by a moving vehicle (uber driver) who ran up on the sidewalk with the car and knocked us both down.
Unfortunately I was catapulted 12 feet from the vehicle into a bench and my girlfriend hit the front windshield and spiraled over the car and rolled into the street where she was also restruck by a motorcyclist.
At this point I suffered a broken arm, dislocated shoulder, black eye, broken finger, broken ankle and large bruising on my head.
My girlfriend suffered broken back, separated shoulder, detached retina on her right eye and detached areola on right breast from severe cut and bruises. No reconstructive surgery or anything has taken place and we have not called an attorney yet.
We would like a call back to see what you can do for the both of us. I am from ohio.
Justin Ziegler, Lawyer says
I am sorry that this happened to you. You are welcome to call me at 305-661-9977 anytime (7 days a week).
In the meantime, I have a few questions:
1. Do you currently have a lawyer?
2. At the time of the accident, did the Uber have any passengers (or had the Uber driver accepted a ride request)?
Justin “JZ” Ziegler
Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately.
There is a time limit to sue. If you miss the time limit, you forever lose your right to sue.
I am not expressing any opinion on your particular case.