If someone’s negligence caused your foot injury, you may have a case.
Here, we’ll quickly look at the bones of the foot. Then, we’ll look at foot injury settlements.
Here are some foot injuries:
- Achilles Tendon Rupture (Tear)
- Ankle Fractures (Broken Ankle)
- Broken Toes
- Fifth Metatarsal Fracture
- Lisfranc (Midfoot) Fractures
Metatarsal Fractures
The foot is complex. It is made up of soft tissues, bones, tendons and muscles.
There are 26 Bones in the Foot
There are 26 bones in the foot. 19 of these are toe bones (phalanges) and metatarsal bones (long bones in the middle of the foot).
A fracture is when a bone breaks.
Two Types of Fractures (Traumatic v. Stress)
There are two types of fractures:
- Traumatic fractures
- Stress fractures (small, hairline breaks caused over time)
Traumatic fractures
Traumatic fractures are also known as acute fractures. They are caused by a force or impact, like badly stubbing your toe.
Displaced vs Non-Displaced Fractures
Traumatic fractures are either displaced or non-displaced. If a fracture is displaced, a bone is broken and has shifted position. It is dislocated.
Displaced Fractures May Be Worth More
Displaced fractures generally have a higher full value for settlement purposes for the pain and suffering component of a personal injury claim. This translates to a higher full value of the case for settlement purposes.
Take Photos of Your Foot Injury
Take photos if you have the following signs and symptoms of a traumatic fracture:
- Crooked or abnormal look.
- Bruising or swelling the day after the accident.
Send the Photos to the Insurance Company
Send these pictures to the liability claims insurer as soon as possible. Photos will bring your case to life in the adjuster’s eyes.
You want your personal injury case to stand out to the adjuster.
Include Your Face in Some of the Photos
If you are attractive and/or healthy looking, send a full body picture to the adjuster.
You want the adjuster to be able to put a face behind the claim. You want to become a human being to the adjuster and not just a claim number.
Go to The Doctor
You want to get your complaints documented by a medical professional immediately. The adjuster needs documentation to make an offer. Medical records are documentation.
Doctor’s Can Treat Your Broken Foot
Don’t listen to people who tell you that a doctor cannot treat a broken bone in the foot. This is a myth. The doctor usually can help.
Waiting to Go to the Doctor Can Make Your Injury Worse
If you do not get medical treatment for your metatarsal bone quickly, you may have big problems. Some complications of not quickly treating the fracture are:
- A deformity in the bone may restrict your ability to move your foot or create difficulty wearing shoes.
- Arthritis that can be caused by a fracture in the joint (area where the 2 bones join)
- Continuing pain and deformity
- Non-union, or inability to heal, which may require a 2nd surgery or continuing pain.
Complications from Waiting Can Lower Case Value
These problems increase the full value of the pain and suffering component of a case.
However, if you wait to get treatment, the defense will argue that you failed to mitigate your damages. Therefore, if you wait to get treatment you may not get compensation for the aforementioned complications.
Injured Person Has Duty to Get Medical Treatment
The injured person has a duty to get medical treatment within a reasonable amount of time if needed.
Foot Injuries that are Caused from Other Injuries
Sometimes the injury inside your foot may be caused by an injury in another area in your body.
Foot Injuries Can Be Caused by Tibia Plateau Fractures
Some examples are:
Weakness of Extensor hallucis longus (EHL) muscle caused by a tibial plateau fracture
Another foot injury that can be caused by a tibia plateau fracture is:
Numbness in the deep peroneal nerve distribution caused by a tibial plateau fracture
Pedestrian Gets $10,000 After Car Runs Over His Foot
Allstate paid $10,000 after a driver ran over a pedestrian’s foot. He claimed a soft tissue injury.
The accident happened in Miami Beach, Florida. We represented the pedestrian.
How Much Are Fractures of the Cuneiform Bones in the Foot Worth?
Fractures of the cuneiform bones can be serious. They can lead to arthritis. Arthritis increases the full value of the case.
Surgery to the cuneiform bones also increases the full value. The full value of pain and suffering for surgery to a a cuneiform fracture can be over $100,000.
Passenger Sues Carnival Cruise Lines for Foot Injury (Trip and Fall)
This is not my case. On October 22, 2016, Carmela Deroy was on a Carnival cruise ship. It was the Carnival Valor.
She claimed that she tripped and fell on the hidden dip in the deck.
As a result, she broke her right foot. Since we use our right foot to driver cars, this may increase a foot injury lawsuit settlement.
Carnival extended the period for filing the lawsuit. (Typically, a cruise ship passenger has one year to sue.)
She hired a Fort Lauderdale, Florida personal injury attorney. Fort Lauderdale is about a 45 minute driver from Miami.
Why did she hire an attorney near Miami?
Because the Carnival ship traveled between at least one domestic (United States) port and one foreign port.
Thus, the injured passenger has to sue Carnival in Miami, Florida. The passenger ticket requires it. There are no exceptions.
Passengers have lost out on injury settlements by not suing in Miami.
On February 20, 2018, Deroy’s attorney sued Carnival. Her lawsuit asked for:
- permanent bodily injury, pain, disability
loss of capacity for the enjoyment of life
mental suffering
medical expenses
aggravation of pre-existing condition
loss of the ability to earn money
loss of the pleasure of the complete cruise
and all other damages
This case is still ongoing. I will periodically try to check on this lawsuit. If it leads to a cruise ship injury settlement, I will write about it.
Did someone cause your foot injury in an accident (in Florida)? Were you hurt on a cruise or boat?
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