Broken bones are common after a motorcycle accident. They are one of many injuries that can happen when a motorcycle and a passenger vehicle collide.
If your motorcycle accident caused broken bones then you have the grounds for a valid personal injury claim. Our team of personal injury lawyers will help you handle the insurance company, negotiate that claim, and, if necessary, argue your case in court.
Does Alberta consider a broken bone to be a serious injury?
This is an important question, since the divide between “serious injuries” and “minor injuries” determines how your pain and suffering award is capped in this province.
Fortunately, the “minor injuries” cap covers soft tissue injuries, such as sprains, whiplash, or TMJ. A broken bone would still be considered a more severe injury. If you’ve only broken a single bone you are unlikely to receive a pain and suffering award that extends all the way to Alberta’s $370,000 cap for major injuries, but it depends.
Your case will take the sum total of all of your injuries into account, not just a single fractured or broken bone.
What happens if a broken bone healed incorrectly?
Bones that heal without aligning properly result in a deformity known as a “malunion” injury. This injury requires corrective surgery. If they’re not addressed the broken limb may never function properly again.
Usually a malunion injury would result in a medical negligence claim. Keep in mind that it’s not easy to sue a doctor successfully, so you’ll still need the help of an extremely experienced personal injury lawyer if you find yourself in this position.
You should also be aware that you’re not likely to hurt the doctor by suing. The Canadian Medical Protective Association (CMPA) is the entity that pays for settlements against doctors. They, of course, have spared no expense insuring they have one of the strongest legal teams in the country. You should make sure your own team is of equal strength.
How much is my motorcycle accident claim worth?
This will depend on the specific facts of your case.
First, all of your medical bills will be added up. You should receive compensation for them up to the exact amount of the bill. This is why we wait until you reach maximum medical improvement, or MMI, to start talking settlements.
Next, if you’ve missed any work as a result of your motorcycle accident you should be compensated for all of those lost wages.
Your claim should take your future into account too. If it’s determined you’ll need long-term care or will be unable to work in the future then the settlement should include some sum to help you cover those expenses.
Pain and suffering comes next. This amount is negotiable up to Alberta’s cap. Its’ the most difficult amount to predict until the settlement is finalized.
In some cases, the negligent driver who hit you acted so egregiously that punitive damages may be applied to your settlement. This is very rare, but if it’s available in your case your lawyers will pursue this award vigorously.
Why Merchant Law?
Our lawyers have decades of experience helping people just like you. We’re responsive and we care about helping you bring your motorcycle accident case to a successful conclusion.
Ready to get started? Call (403) 225-7777. We answer our phones 24 hours a day. Remember, the earlier you contact a lawyer the more successful your case is likely to be. Call now.