Orthopedic Injuries from Accidents: What You Need to Know
Orthopedic injuries are among the most common consequences of car accidents and slip-and-fall accidents. These injuries can be minor and heal quickly, but can often have long-lasting effects and devastating consequences for an injured person, leading to conditions such as arthritis, chronic pain, and other conditions.
Orthopedic injuries are among the most common consequences of car accidents and slip-and-fall accidents. These injuries can be minor and heal quickly, but can often have long-lasting effects and devastating consequences for an injured person, leading to conditions such as arthritis, chronic pain, and other conditions.
Types of Orthopedic Injuries
Orthopedic injuries can include:
1. Fractures and Breaks: Bones can break or fracture during an accident.
2. Dislocations: Dislocation of the joints (commonly in the shoulders and knees).
3. Torn Ligaments and Muscles: Injuries to soft tissues like ligaments, muscles, and tendons.
These types of injuries are immediately apparent and are often confirmed by scans and imaging such as X-rays, CT scans, or MRIs following an injury. The severity of the injury will dictate the treatment plan, such as rest, physical therapy or even surgery, and can take weeks, months, or years to recover from.
Damages for Orthopedic Injuries
An orthopedic injury is usually not the only injury that occurs in an accident, and they are usually accompanied by soft tissue injuries, and often psychological injuries as well.
Generally, the award for pain and suffering damages for people with orthopedic injuries is on the higher end, but again, it will depend on the nature of the injury, the recovery time, and any ongoing or lingering symptoms caused by the trauma.
Case Studies of Orthopedic Injury Claims
To better understand how orthopedic injury claims are viewed by the court, here are three recent cases:
1. Tommy v. 7-Eleven Canada Inc., 2024 BCSC 1558
In the recent case of Tommy v. 7-Eleven Canada Inc., 2024 BCSC 1558, the plaintiff Ms. Tommy tripped and fell in a pothole in the parking lot of a 7-Eleven in Smithers, B.C. As a result of her fall, Ms. Tommy suffered from a fractured ankle and was immobile for several months utilizing crutches and a wheelchair. Even after the fracture healed, Ms. Tommy suffered from persistent pain, stiffness, and swelling in her left ankle, hips, and lower back, as well as difficulty with her mental health. The Court found that Ms. Tommy was entitled to $175,000 for her pain and suffering damages, in addition to past and future wage loss, future care, and special damages.
2. Harper v Mezo, 2024 BCSC 874
In Harper v. Mezi, 2024 BCSC 874, the plaintiff Ms. Harper was involved in a serious high-speed accident on the Sunshine Coast, when the driver of a vehicle in which she was a passenger fell asleep and went off the road at highway speed. As a result of the accident, Ms. Harper, who was 71 years old at the time of trial, suffered from many serious physical injuries, including three vertebral fractures, injuries to the sternum, soft tissue injuries, and chronic pain, anxiety and depression, and a concussion, amongst others. The court awarded Ms. Harper $250,000 for pain and suffering damages, in addition to a large award for future care.
3. Russell v. Russell, 2024 ABKB 182
In this recent case from Alberta, the plaintiff suffered from a wrist and ankle fracture following a significant single vehicle accident. The accident occurred in 2015 and was caused when the vehicle in which Ms. Russell was traveling as a passenger, hit black ice at a relatively high rate of speed, causing it to spin and hit a median. Ms. Russell’s wrist injury was particularly severe, ultimately requiring three surgeries in an attempt to increase function and reduce pain. Ms. Russell also required surgery on her broken ankle. Ms. Russell further suffered soft tissue injuries to her neck and back, shoulders, hip, and knee, which was now chronic, as well as depression and anxiety, and a mild traumatic brain injury (resolved at the time of trial) and headaches. The majority of Ms. Russell’s injuries were found to be ongoing and permanent, and the court awarded her $167,500 for pain and suffering damages (reduced by 5% for contributory negligence, for failing to wear a seatbelt).
How We Can Help
If you or a loved one has suffered an orthopedic injury due to a motor vehicle accident or a slip and fall accident, you do not have to navigate the legal and recovery process alone.
Our experienced team can help you secure the compensation you deserve for your pain, suffering, lost wages, and future care. Let us guide you through the complexities of your case so you can focus on healing.
Contact us today for a consultation to discuss your rights and options.
