Is a Broken Arm a Catastrophic Injury? Causes, Complications & Legal Advice

 

Is a Broken Arm a Catastrophic Injury?

Catastrophic injuries are life-altering events that result in significant and often permanent damage, affecting a person’s ability to work, perform daily tasks, or maintain their quality of life. While commonly associated with traumatic brain injuries, spinal cord damage, or amputations, other injuries, like a broken arm, may sometimes reach this threshold depending on the severity and long-term implications. 

This guide explores whether a fractured arm can be considered a catastrophic injury, focusing on complications, recovery challenges, and the broader impact on an individual’s life. Understanding this distinction is essential for both medical and legal perspectives.

What Is a Catastrophic Injury?

A catastrophic injury is a severe trauma that results in long-term or permanent disability, significantly impairing an individual’s quality of life and ability to perform daily activities. Such injuries often involve critical areas like the spine, spinal cord, or brain, leading to profound physical and emotional challenges.

Is a Broken Arm a Catastrophic Injury?

A broken arm, medically termed an arm fracture, involves a crack or break in one or more of the arm’s bones—the humerus, radius, or ulna. Such injuries commonly result from falls, accidents, or sports-related incidents.

While a broken arm is not typically classified as a catastrophic injury, it can reach this threshold in severe cases.

Overview of Broken Arm Injuries 

A broken arm, or arm fracture, involves a break in one or more of the three bones comprising the arm: the humerus (upper arm), radius, and ulna (forearm). These bones facilitate various movements and functions, making them susceptible to fractures.

Common Causes of Arm Fractures:

  • Falls: Landing on an outstretched hand or elbow during a fall is a frequent cause of arm fractures.
  • Sports Injuries: Contact sports or activities with a high risk of falls, such as football or gymnastics, often lead to fractures due to direct blows or awkward landings.
  • Trauma: Incidents like motor vehicle accidents can exert significant force on the arm bones, resulting in fractures.

Typical Symptoms:

  • Pain: Immediate and severe pain at the injury site.
  • Swelling and Bruising: There is noticeable swelling and discoloration around the affected area.
  • Deformity: The arm may appear misshapen or out of alignment.
  • Limited Mobility: Difficulty or inability to move the arm without pain.

Standard Treatment Options:

  • Immobilization: Using a cast or splint to align the bone fragments properly during healing.
  • Medication: Administering pain relievers to manage discomfort.
  • Surgery: In cases of severe fractures, surgical intervention may be necessary to realign and stabilize the bones using plates, screws, or rods.
  • Rehabilitation: Doing physical therapy exercises post-healing to restore strength and range of motion.

Prompt medical attention is crucial for proper diagnosis and treatment to ensure optimal recovery and minimize potential complications.

When Can a Broken Arm Be Considered Catastrophic? 

While many broken arms heal without significant issues, certain severe fractures can be considered catastrophic due to their profound and lasting impact on an individual’s life. Here are specific circumstances where a broken arm may be deemed catastrophic:

  • Compound Fractures

Also known as open fractures, these occur when the broken bone pierces the skin, creating an open wound. This exposure significantly increases the risk of infection, including osteomyelitis (bone infection), which can complicate healing and lead to prolonged medical treatment. Additionally, the severity of the injury may necessitate multiple surgeries and extended rehabilitation, potentially resulting in long-term functional impairment.

  • Nerve or Vascular Damage

Fractures that involve injury to nearby nerves or blood vessels can lead to serious complications. Nerve damage may result in loss of sensation, muscle weakness, or paralysis in the affected limb, while vascular injury can compromise blood flow, increasing the risk of tissue death. These complications often require immediate surgical intervention and can lead to permanent disabilities, affecting an individual’s ability to perform daily activities or return to work.

  • Multiple Fractures

When multiple bones in the arm are fractured, or a single bone is broken in multiple places (comminuted fracture), the injury becomes more complex. Such cases often require surgical fixation with plates, screws, or rods to stabilize the bones. The complexity of the injury can lead to extended rehabilitation periods and increased risk of complications like non-union (failure of the bone to heal). It may result in long-term functional limitations or chronic pain.

  • Non-Union or Malunion

Non-union occurs when a fractured bone fails to heal, while malunion refers to a bone that heals incorrectly. Both conditions can cause significant functional impairment, chronic pain, and deformity. Treatment often involves additional surgeries, such as bone grafting or corrective osteotomy, and prolonged rehabilitation. These complications can severely impact an individual’s quality of life and ability to perform daily tasks, potentially classifying the injury as catastrophic.

In these scenarios, a broken arm extends beyond a simple fracture, leading to substantial and enduring consequences that may classify it as a catastrophic injury.

How to Seek Help After a Severe Injury?

Experiencing a severe arm injury requires prompt medical and legal attention to ensure proper healing and to protect your rights.

Medical Attention

Immediate medical care is crucial for any fracture. Delaying treatment can lead to complications such as improper healing, increased pain, and long-term disability. Healthcare professionals will assess the fracture’s severity through physical examinations and imaging studies like X-rays or CT scans. 

For severe fractures, especially those involving multiple breaks or open wounds, advanced treatments may be necessary. Surgical interventions, such as open reduction and internal fixation, involve realigning the bone fragments and securing them with hardware like plates and screws. 

Post-surgery, physical therapy is vital in restoring the injured arm’s strength, flexibility, and function. A tailored rehabilitation program can significantly enhance recovery outcomes.

Legal Support

Consulting a catastrophic injury lawyer is essential if your injury resulted from someone else’s negligence. An experienced attorney can help determine liability, navigate complex legal procedures, and advocate for your rights. 

They can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Compensation for catastrophic injuries may cover medical expenses, lost wages, pain and suffering, and rehabilitation costs. Securing legal representation increases the likelihood of receiving fair compensation to support your recovery and financial stability.

Addressing medical and legal aspects promptly after a severe arm injury ensures comprehensive care and protection of your interests.

Implications of Classifying a Broken Arm as Catastrophic 

Classifying a broken arm as a catastrophic injury can have significant implications, offering both potential benefits and challenges.

Potential Benefits:

  • Access to Specialized Medical Care: Recognizing a broken arm as catastrophic may qualify you for advanced treatments, including specialized surgeries and comprehensive rehabilitation programs aimed at achieving optimal recovery.
  • Compensation Opportunities: This classification can make you eligible for various forms of compensation, such as workers’ compensation benefits, which may cover medical expenses, lost wages, and disability benefits. For instance, workers’ compensation often provides scheduled loss awards for specific injuries, including arm fractures.

Possible Challenges:

  • Legal Hurdles: Establishing a broken arm as a catastrophic injury requires navigating complex legal criteria, which can vary by jurisdiction. This process may involve detailed assessments and adherence to specific legal standards.
  • Comprehensive Medical Documentation: To support your claim, you must provide thorough medical records detailing the injury’s severity, treatment plans, and long-term prognosis. Accurate and complete documentation is crucial for substantiating the catastrophic nature of the injury.

Conclusion

While a broken arm is not typically classified as a catastrophic injury, certain severe cases involving complications like nerve damage, multiple fractures, or non-union can profoundly impact an individual’s quality of life and ability to function. Understanding when a broken arm crosses this threshold is essential for obtaining appropriate medical care and legal support. Prompt treatment and a comprehensive recovery plan are critical to minimizing long-term effects. If negligence played a role in the injury, consulting with a qualified attorney can help secure the compensation needed to navigate recovery and rebuild your life effectively.

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

 

Work Injuries – Other Factors Affecting Your Claim

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio

Other Factors Affecting Your Claim

As mentioned above, in order to sue, you must be able to prove that you have damages. Damages can come in many different forms. Compensatory damages include all non-economic and economic damages arising from your injury. Economic damages can include lost wages, all medical bills and expenses, loss of future income, travel expenses going to and from medical treatment, and essentially any measurable financial loss.

Non-economic damages are less tangible losses such as interference with family relationships, loss of companionship, pain and suffering, and loss of enjoyment of life. Punitive damages are those damages intended to punish the defendant for their bad behavior. Punitive damages in Texas can be up to twice the amount of your compensatory damages, both economic and non-economic, but cannot exceed $750,000 or $200,000, whichever amount is greater. More information our San Antonio Workers Comp Lawyer here

The amount of compensation you can receive for your damages in workers’ compensation cases is set by statute and is limited to economic compensatory damages. Just as you are able to sue a subscribing employer under a wrongful death claim involving gross negligence, you can also obtain compensatory non-economic damages and punitive damages. In non-subscriber cases, you are entitled to both economic and non-economic compensatory damages in addition to punitive damages, where warranted. More information our San Antonio Work Injury Lawyer here
Texas adheres to the doctrine of “modified comparative negligence’, which means as long as you were less than 50% responsible for your injuries, you can collect compensation for your injury from the other responsible parties. The doctrine is known as “joint and several liability” can have an unusual effect on the collection of your damage award. Although a defendant whose blame for your injury is less than 50% can only be held responsible for their share of the damages, a defendant who is found to be more than 50% at fault for your injury, can be held liable for the entire amount. In other words, a defendant may have to pay damages resulting not just from their share of the fault for your injury, they may have to pay the damages owed by every other defendant as well. This applies when the other defendants are not sufficiently solvent enough to pay.

Personal Injury Lawsuit Statute of Limitations in Texas

Texas has a two-year statute of limitations, or time limit, for most personal injury cases. This time frame is marked from the date of your injury until the time you must file your personal injury lawsuit. There are a few exceptions to this, such as in the case of an injured minor, or when the victim is in a coma or completely unable to assent to a case, or where the date of the injury cannot be determined. The application of these exceptions varies on a case-by-case basis, depending upon the specific circumstances surrounding the injury. For this reason, you should consult a knowledgeable and experienced personal injury attorney regarding the statute of limitations in your case. Don’t make a mistake and wait to file, assuming one of the exceptions may apply to you. Consult with your attorney, and be sure to file before the deadline. If you don’t, your case will be dismissed and your plans thwarted, leading to disappointment.

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Have You Been Injured In An Accident?

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Have You Been Injured In An Accident?

When people are injured or when someone has died in a car accident due to the negligence of another driver, the negligent driver is responsible for compensating the victim or family for a personal injury or wrongful death cause of action. More about our San Antonio Car accident lawyer here

Liability Insurance

Most often, an insurance company is standing behind the defendant in a lawsuit arising out of an automobile accident. This is both good and bad for the plaintiff. It is good in the sense that the object of liability insurance is to pay for just such injuries and property damage, and settling a claim with the insurance company should be fairly straightforward. On the downside, however, is the fact that insurance companies are financially motivated not to pay claims unless they have to, and in that case to pay as little as they can. To that end, insurance companies use their vast financial resources to employ claims adjusters and attorneys whose job is to limit the company’s exposure to third parties. When dealing with an insurance company on a claim, it is often advisable to retain an experienced trial attorney who can level the playing field between you and the corporate giant.

All states require drivers to carry some form of liability insurance or proof of financial responsibility in the event of an accident. The minimum amounts of liability vary from state to state, but hover around $30,000 for personal injuries and $25,000 for property damage. People wanting to avoid personal liability over the policy limits may pay extra premiums to carry liability up to $100,000 or more. Regardless of these laws, however, as many as ten to twenty percent of drivers on the road do not maintain any form of insurance.

Uninsured and Underinsured Motorist Coverage

The easiest remedy against an uninsured motorist is to carry uninsured motorist (UM) coverage under your insurance policy. With UM coverage, your own company will pay you when you are injured by an uninsured motorist. Underinsured motorist (UIM) is companion coverage that will compensate you when your injuries exceed the other driver’s liability limits, to the extent the limits on your policy are greater than the negligent driver’s. State laws require insurance companies to offer UM/UIM coverage, but drivers are not necessarily required to carry it. Many drivers decline this coverage to save money on their premiums or because they do not understand the purpose of such coverage, but given the percentage of uninsured drivers on the road, it makes good sense to make UM part of your coverage.

No-Fault Insurance

Some state systems provide that your own insurance company will compensate you anytime you are injured in a covered incident, regardless of who is at fault. However, the policy limits under this system are generally low and only cover certain expenses, leaving you to sue the negligent driver directly to obtain a maximum recovery. When suing the negligent driver, whether under a no-fault system or because the driver was uninsured, you are left with the possibility of obtaining a judgment yet not being able to collect on it because the defendant does not have money or property to satisfy the judgment. Experienced attorneys know the many devices available to collect what they can, but some defendants are simply “judgment-proof” due to their low level of assets.

Contributory Negligence

Contributory negligence is a defense that holds that a plaintiff whose own negligence contributed to an accident or injury cannot recover from a negligent defendant who caused the accident. Most states have abandoned this rule in favor of some form of comparative fault. In states with pure comparative negligence laws, a plaintiff may recover against a negligent defendant for that portion of the defendant’s responsibility, even if the plaintiff was more negligent than the defendant. In other states, the plaintiff can only recover if they were less negligent than the defendant, or when the negligence of the plaintiff is less than or equal to the defendant’s comparative fault.
An experienced trial attorney will investigate each case individually and determine the proper responsible party, whether it is the maker of a defective automobile or part, a negligent driver, or an insurance company. Effective trial lawyers possess the skills to negotiate a favorable settlement with the insurance company, backed by the ability and willingness to take a case to trial where necessary.

Our attorneys have represented plaintiffs in car accident cases across the country for over 20 years. If you are the victim of serious personal injury from a motor vehicle accident, or if a loved one suffered a wrongful death at the hands of a negligent driver or defective automobile, contact our office to consult with an experienced attorney.

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ON-THE-JOB INJURY ATTORNEYS

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers in McAllen principal office in San Antonio

ON-THE-JOB INJURY ATTORNEYS

Ours is a prominent and respected law firm that has served the people of Texas for decades. We are aggressive, accomplished, and feared by insurance companies, corporate wrongdoers, and law firms. We guide our clients through the legal and financial challenges they encounter on their way to recovery from their accidents, and we achieve results. An on-the-job injury is an injury suffered by an employee while working. On-the-job injuries can occur by accident, damage, or occupational disease and may be covered by Workers’ Compensation laws, tort laws, or both. Workers’ Compensation laws provide benefits to workers and their dependents when they have suffered injury or death in a work environment. More about McAllen Workeplace Accident Lawyers here

These benefits include medical benefits, weekly or biweekly income, vocational rehabilitation, permanent disability compensation, and death benefits.

In serious injuries, these benefits may be substantially lower than the injured worker is entitled to under tort law. In cases where an employee has sustained an on-the-job injury caused by someone other than the employer, the injured employee may sue another person (third party) in tort law. Third-party cases may include traffic accidents, defective products, defective equipment, or exposure to toxic substances. Every on-the-job injury should be evaluated to determine if a third-party claim exists.

At our Law Firm, we have an outstanding reputation for finding and pursuing third-party liability claims. We offer a FREE evaluation of serious on-the-job injuries to determine if third-party claims exist. We are experienced in coordinating third-party claims and workers’ compensation benefits to get the best result possible for our clients.”IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ON-THE-JOB ACCIDENT OR AS THE RESULT OF EMPLOYER NEGLIGENCE, YOU NEED THE ADVICE OF AN EXPERIENCED TEXAS PERSONAL INJURY LAWYER. CALL US TODAY FOR YOUR FREE CONSULTATION. WHEN RESULTS COUNT -COUNT ON OUR LAW FIRM.”

Personal Injury Law: Dog Bite Injuries

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Personal Injury Law: Dog Bite Injuries

With an estimated 4.7 million dog bites occurring in the United States each year, nearly 800,000 of which require medical care, approximately two-thirds of bites occur on or near the victim’s property and most victims know the dog and the insurance industry paying out more than $1 billion in dog bite claims each year. Texas is among the majority of states that have legislation on the books that specifically pertain to dog bites. The Dog Bite Law might stipulate how a dog bite victim might recover damages, but it does not address those critical steps a victim should take immediately after being bitten. Considering these staggering statistics, please take the following information seriously in order to avoid your child being one of 82% of children under 15 years old being rushed to the emergency room from a dog bite. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay any fees. So, make that call today!
ore about our San Antonio Dog Bite Injury Attorney here

If Bitten by a Dog

The first thing you should do if you are bitten by a dog is to seek medical attention immediately. If you are not treated, a bite can cause serious injury, infection, and even death if the animal was diseased. With 50% of dog bite victims being children under 12 years of age, it is crucial that you educate your child on how to behave even with dogs they know well.

Educate your Children.

Studies have found that the number-one dog-bite prevention measure is education. Children who understand how to act around dogs, how to play with dogs, when to leave dogs alone and how to properly meet a dog are much less likely to be bitten. To address this need, the American Humane Society has created American Humane KIDS: Kids Interacting with Dogs Safely, a dog-bite prevention program specifically for children ages 4 to 7.

Supervise your Children.

Unsupervised children may innocently wander too close to a dangerous situation. Eighty-eight percent of fatal dog attacks among 2-year-olds occurred when the child was left unsupervised. Supervision of children, especially around dogs, is one way to help ensure they are safe.

Safe Rules of Behavior for Kids

Never Treat A Dog Unkindly. At the core, this means to treat all animals with the respect you would treat another living being. Never hit, kick, slap, or bite a dog or pull on his ears, tail, or paws. Don’t bother a dog when she is busy. Never bother dogs with puppies or dogs that are playing with or guarding toys, eating, or sleeping. Always leave service dogs alone while they are working. Don’t approach a dog you don’t know. Call the police if you see a dog that is tied up, being treated abusively, or left in a hot car. Do not approach the dog on your own. If you want to meet a dog, first ask the owner for permission. If the owner agrees, hold out your hand in a fist for the dog to sniff. If the dog is interested, you can give him a little scratch under the chin (not over the head) and say hello. If a loose dog approaches you, stand still like a tree. Keep your hands at your sides, and stay quiet and calm. Look away from the dog. If you are on the ground, curl up into a ball, like a rock. Keep your knees to your chest and your hands over your ears. Stay quiet and calm. Look down at your knees, not at the dog. Always make slow movements, set things down carefully, and dont run when youre around dogs, as this gets them excited and they may accidently hurt you.

Get Help

If an animal has bitten you or a loved one, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated. It may be unclear against whom to bring a claim and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an attorney with experience handling dog bite cases. Please contact the experienced Dog Bite Lawyers at our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay.

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