Fractures are the injuries people expect a claim to be straightforward about, and they often are not. A bone that healed is not the same as a person who recovered.
How this injury is treated in a claim
Orthopaedic claims tend to be accepted on causation and fought on consequences. Nobody disputes that the leg was broken. What gets disputed is the lasting restriction: the range of motion that did not come back, the hardware that aches in the cold, the job that can no longer be done on a ladder or a factory floor.
Where these claims are actually fought
- “The fracture has healed.” Union on an X-ray is not function in a workplace.
- Future surgery. Hardware removal, revision surgery and later joint replacement are foreseeable consequences that have to be valued now.
- Post-traumatic arthritis, which can arrive years after the injury and needs to be accounted for in any settlement.
- Work capacity. Trades, nursing, driving and physical work are affected far more than a desk job by the same injury, and the claim has to reflect your actual occupation.
What makes the difference
- The complete orthopaedic record, including operative notes and follow-up imaging.
- A prognosis that addresses the future, not just the healing.
- An occupational therapy assessment of what you can do at home and at work.
- Evidence of the cost of help: housekeeping, home maintenance, childcare, the things somebody else now does.
The two claims that usually run together
After a motor vehicle collision there are normally two separate processes, and they have different deadlines. One is your accident benefits claim against your own insurer, which pays for treatment, and for income replacement if your policy includes it. The other is the claim against whoever caused the collision. They run on different timetables and both matter. Our car accident page sets out the deadlines.
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Speak to a lawyer about a fracture or orthopaedic injury
Initial consultations are free. Our fee schedule is published in full, by stage of the case, on our Fair Fees page. Call 905-409-2438, send a text, message us on WhatsApp, or use the contact form.
Steven Polak is licensed as a lawyer in Ontario and practises with Lerners LLP at 123 Athol Street, Whitby.