1 The Petrylaw Lawsuits Settlements and Injury Settlement Report ARM FRACTURE INJURIES How Minnesota Juries Decide the Value of Pain and Suffering in Arm Fracture/Humerus Injury Cases The Petrylaw Lawsuits Settlements and Injury Settlement Report provides facts and estimated ranges of value for specific Minnesota traumatic injuries. Often in trauma cases, many body parts are injured. As a result, the verdicts, settlements and case histories that you often hear discussed on the evening news, in the newspaper or among your friends do not help you determine the value of your injury when you have injured only one body part. Often, in cases involving arm fracture/humerus injuries arising from slip/trip and fall trauma, car accident trauma or construction accidents, the victim has other injuries as well. These frequently include shoulder and neck injuries and wrist fractures. Thus, it is very important to keep in mind that if you have suffered a traumatic injury to more than one part of your body, you should use the information in The Petrylaw Lawsuits Settlements and Injury Settlement Report as only a starting point. The value of your case could be much less or much more than the amounts discussed in The Petrylaw Lawsuits Settlements and Injury Settlement Report. A typical Minnesota personal injury lawsuit is based upon a claim of negligence where you contend that someone else is responsible for causing your injuries. In this type of case, as the Plaintiff (or the person bringing the suit) you bear the burden of proving all of the following elements: 1. Duty you must prove that Defendant (the party you are suing) had a duty to do something specific (examples maintain a proper lookout when driving a car, obeying the posted speed limit, removing snow and ice within a reasonable period of time following the conclusion of a storm, or inspecting a floor in the produce section of a grocery store); 2. Breach you must prove that the Defendant failed to perform the duty (examples a driver texting on a cell phone instead of watching where he is driving, traveling at an excessive rate of speed, or allowing snow and ice to accumulate on a sidewalk well after a storm has ended); 3. Cause you must prove that the Defendant s failure to perform the duty was the proximate cause of your injury. This means that you have to
2 convince a jury that, for example, a driver s failure to maintain a safe distance between his or her car and yours caused their car to crash into your car and further caused you to suffer an injury. There can also be superseding causes or things that happen after someone else breaches a duty that either cause an injury or make the injury more severe than it would have been if the event that happened after the breach of duty had not occurred (example your car gets hit broadside by a car that runs a red light. After the collision, a well meaning person sees that you are trapped in your car and tries to remove you from you car. In the process, he grabs your arm, without realizing that it is broken, and yanks on it causing even more damage to your arm); and 4. Damages you must prove that you have been damaged as a result of the Defendant s conduct. Damages may include pain and suffering, lost wages, damage to property, and other special damages. You must prove your damages with certainty and not based upon speculation or what might happen. (Example if you seek to prove that you are going to need future medical treatment, your doctor(s) will need to state that to a reasonable degree of medical certainty you will need specific medical treatment in the future and that the treatment will cost a certain amount). While you are trying to prove these elements at trial, the Defendant(s) may raise defenses to your claims. Be assured that defendants have raised these defenses time and time again with great success in either limiting or denying plaintiffs injury claims: 1. Pre-existing injury The defendant contends that the plaintiff was injured before the accident and thus the accident did not cause your injury; 2. Assumption of Risk The defendant contends, for example, that you knew of a dangerous condition and still walked on an icy sidewalk. 3. Contributory Negligence The defendant contends that your negligence rather than his or hers caused your injuries. Our Personal Injury Lawyers Attorneys will gladly meet with you for a free legal consultation. Please call us today or Please keep in mind that the values discussed in this report are for Minnesota Injury Cases only. We tried to focus this report as much as possible on cases where there are not significant injuries in addition to the arm injury. Dollar amounts can be much higher when an injured person also incurs significant lost wages, significant medical expense payments and other so-called special or out of pocket damages or there are significant injuries to other parts of the body.
3 Definitions Arm - Commonly used to refer to the entire upper extremity (from the wrist to the shoulder), but more accurately refers to the Humerus, which is the long bone between the shoulder and the elbow. Fracture - A break or disruption in the continuity of a bone. Comminuted Fracture - A bone splintered into multiple fragments. Open Fracture - When the wound extends through the skin. Closed Fracture - When the wound does not extend through the skin. Displaced Fracture - A fracture in which two ends of a fractured bone are separated from each other. Proximal - Closer to the center of the body (for arms, closer to the shoulder). Distal - Further from the center of the body (for arms, closer to the hand).
4 Estimated values for Minnesota arm injury cases based on the circumstances described: Low Range of Value for an Arm Fracture: $10,000 to $40,000 Your case could be valued in the $10,000 to $40,000 range when any or all of the following factors are present: When you do not need surgery; when you have an excellent recovery; when you will not likely have future pain or disability, and when your case would be tried in an area where juries are conservative in their awards. Actual Case: $ 0. Actual Case: $50, Actual Case: $ -. Mid Range of Value for an Arm Fracture: $40,000 to $80,000 Your case could be valued in the $40,000 to $80,000 range when any or all of the following factors are present: you need surgery; you have a good recovery; you have only a small likelihood of future pain or disability; and your case would be tried in an area where juries are about average in their awards. Actual Case: $100, Actual Case: $300, Actual Case: $360, High Range of Value for an Arm Fracture: $80,000 to $350,000 Your case could be valued in the $80,000 to $350,000 range when any or all of the following factors are present: you require surgery; you have a poor to fair recovery; you will likely have significant future pain and disability; you may or will require additional surgery in the future; and your case would be tried in an area where juries are liberal in their awards. Actual Case: $1,500, Actual Case: $4,000, Actual Case: $6,500, Please feel free to either call or Rick to discuss your Injury Case!
5 I am a personal injury attorney lawyer at the law firm Mansfield, Tanick & Cohen, P.A. in Minneapolis, Minnesota. If you have suffered an arm fracture injury, I invite you to call me to discuss your injury case. I will ask questions about your injury and treatment and help you determine the value of your claim. Call me at or or me at com for a free legal consultation. I am fully committed to helping you receive fair and just compensation for your injury. Sincerely, Rick L. Petry, Esq.
The Petrylaw Lawsuits Settlements and Injury Settlement Report TRAUMATIC BRAIN INJURIES How Minnesota Juries Decide the Value of Pain and Suffering in Brain Injury Cases The Petrylaw Lawsuits Settlements
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