Types of Damages Available in Fracture Injury Claims in Texas

Types of Damages Available in Fracture Injury Claims in Texas

The insurance adjuster calls with an offer. You’ve already missed six weeks of work, your orthopedic surgeon hasn’t cleared you to drive, and your next appointment will determine whether the bone is healing properly. The adjuster says the settlement should cover your medical bills, with a little extra for your trouble.

But what happens if you need another surgery? What about the income you’ve lost or the pain that still wakes you up at night? Before you accept a settlement, you need to know what your fracture injury claim is actually worth.

At Daws Legal, we can help you identify the types of damages in personal injury claims in Texas. We’ll review your circumstances, discuss the offer you’ve received, and help you make an informed decision about what comes next so you can get your life back on track with confidence.

Why Does the Type and Severity of My Fracture Matter?

A wrist fracture in which your bone has not been displaced can often be managed with just rest and keeping your wrist still. If your bone breaks into several pieces, surgery with plates, screws, or rods may be required. Open fractures are more complicated, as the broken bone is exposed through a wound and there’s a greater risk of infection.

Some injuries also involve damage to nearby nerves, blood vessels, ligaments, or joints. Even after the bone heals, these complications can leave lasting limitations. The amount of compensation you seek may depend on how your fracture affects your health, work, independence, and future.

How Are Damages Evaluated After a Serious Fracture?

Insurance companies will consider hospital charges, imaging, and treatment dates. But those records don’t always tell the whole story, including how your injury affects your daily life and what your recovery may still require. Several factors can influence the value of your claim.

The Length and Difficulty of Your Recovery

Healing time isn’t always the same as recovery time. Your X-rays might show that the bone has united, but you may still struggle to climb stairs, grip objects, stand for extended periods, or complete ordinary household tasks. Delayed union, nonunion, and malunion can further complicate recovery. These conditions occur when a fracture heals slowly, fails to heal, or heals in an improper position. Documenting these complications helps establish why your injury has affected your life longer than the insurer anticipated.

Permanent Physical Limitations

Some fractures can leave lasting consequences even after treatment ends. For example:

• Fractured ankle—may cause chronic stiffness or post-traumatic arthritis;
• Shoulder fracture—can limit your range of motion and make everyday movements difficult; or
• Pelvic fracture—may impair mobility and make physically demanding work difficult.

These limitations may influence the value of your claim because their consequences can extend well beyond your initial recovery. A physician’s assessment of permanent impairment, functional restrictions, and long-term prognosis can provide important evidence.

The Effect on Your Ability to Work

Returning to work doesn’t necessarily equate to returning to the same level of earnings. Your employment history, the nature of the jobs you’ve had, the requirements of the jobs you’re able to do, any medical restrictions, and any vocational assessment will all be factors in determining how your injury has affected your earning capacity.

Can a Fracture Lead to Compensation for Scarring or Disfigurement?

In Texas, physical impairment and disfigurement may be separately compensable elements of noneconomic damages when supported by the evidence. Broken bone injuries may leave permanent scarring that remains long after recovery. 

For instance, scarring may result from: 

• Surgical incisions,
• Open fracture wounds, 
• Skin grafts, and 
• Other procedures. 

Severe injuries may also cause deformity, changes in posture, or an altered gait. The location and visibility of a scar, its permanence, and the extent of any physical changes can all matter. Photographs taken throughout recovery, surgical records, and medical evaluations can help demonstrate these effects.

What If I Had a Previous Injury or Medical Condition?

Your prior symptoms don’t necessarily bar you from recovering compensation. Under Texas law, you’re generally entitled to seek compensation when another person’s negligence worsens a pre-existing condition.

Establishing which harm resulted from the accident can become a significant issue.

Distinguishing your previous condition from the new injury or aggravation may require: 

• Earlier medical records, 
• Diagnostic imaging, and 
• Physician opinions. 

We can help you demonstrate how the accident worsened your condition and pursue compensation for the additional harm you’ve suffered. 

How Does Shared Fault Affect Fracture Injury Compensation in Texas?

Under Texas’s proportionate responsibility rules, your compensation can be reduced by your percentage of fault. If you’re found more than 50% responsible, you’re generally barred from recovering damages under those rules.

For example, if your damages are $200,000 and you are found 20% responsible, you could recover $160,000. If you are found 51% responsible, you would not receive any compensation.

That’s why evidence about how the accident happened matters just as much as evidence about your injuries. Witness statements, photographs, surveillance footage, and accident reconstruction findings can help challenge unsupported allegations of fault.

What Can Accepting an Early Settlement Cost Me?

Most final personal injury settlements include a release that prevents you from pursuing additional compensation for the same injury, even if complications develop later. If your fracture doesn’t heal properly or you discover that returning to your previous job isn’t possible, you generally can’t reopen a settled claim simply because the outcome was worse than expected.

An insurance offer may arrive before your doctor knows whether you’ll regain full mobility. The problem isn’t necessarily the amount offered today. It’s what the settlement requires you to give up. Before signing, consider whether your medical prognosis is sufficiently clear and whether the offer accounts for the injury’s lasting consequences. You should also understand how medical liens, reimbursement claims, and attorney fees may affect the amount you actually receive.

Frequently Asked Questions 

What Counts as Economic Damages in a Texas Fracture Injury Claim?

A broken bone can cost you far more than an emergency room visit. Economic damages in Texas cover your measurable financial losses caused by your injury, including medical bills, rehabilitation, lost wages, reduced earning capacity, and other necessary expenses. If someone else’s negligence caused your fracture, you may be entitled to compensation for these losses.

Are You Overlooking Noneconomic Damages in Your Texas Injury Claim?

Not every loss comes with a receipt. Noneconomic damages in Texas can compensate you for the physical pain, emotional suffering, mental anguish, and loss of enjoyment of life resulting from physical impairment caused by your injuries. Texas law allows eligible injury victims to pursue compensation for these deeply personal losses, even when they’re difficult to put into dollars.

What Does It Take to Win Exemplary Damages in a Texas Car Accident Case?

Some crashes are so reckless that standard compensation won’t suffice. Exemplary damages in Texas may be availablewhere there is clear and convincing evidence of fraud, malice, or gross negligence. The purpose of such damages is to punish egregious wrongdoing and to deter it, but they are subject to a higher standard of proof than ordinary negligence claims. Texas law also generally limits the amount of exemplary damages that may be awarded.

Can I Recover Future Medical Damages in Texas?

Your medical bills may continue long after your injury claim is resolved. You may seek compensation for reasonably expected future medical expenses in Texas, including surgeries, physical therapy, medications, and ongoing treatment. Medical opinions and other evidence can help establish the care you’ll need and its anticipated cost.

Let Daws Legal Help You Understand the Types of Damages Available in Personal Injury Cases in Texas

At Daws Legal, Judson Daws personally handles your case. He examines the medical evidence, investigates liability, documents the ways your fracture has changed your daily life, and evaluates the financial consequences that may continue after treatment. He challenges attempts to undervalue your legitimate losses, negotiates from the evidence, and prepares to take your case to trial when a fair resolution isn’t offered. 

Contact Daws Legal for a free consultation.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Proportionate responsibility, Texas Civil Practice and Remedies Code, § 33.001 
• Standards for recovery of exemplary damages, Texas Civil Practice and Remedies Code, § 41.003 

About the Author

Judson is a dedicated and experienced Personal Injury attorney with a passion for justice and a commitment to helping clients navigate complex legal challenges. With 30 years of experience in personal injury, he has successfully represented countless clients, securing favorable settlements and verdicts.