A Texas broken bone settlement depends on which bone broke, whether it needed surgery or hardware, how well it healed, lasting loss of motion or strength, scarring, and lost work. A fracture that heals fully in a cast is valued very differently from one that leaves permanent limits. Owsley Law Firm reviews claims free and charges no fee unless we win.
Fractures are easier to prove than many injuries because they show on imaging. The fight in a fracture claim is rarely about whether the injury happened. It is about how much it affected you and for how long.
This page explains what moves the value of a Texas fracture claim: the bone involved, surgical treatment, healing problems, permanent effects, and the damages Texas law recognizes for impairment and disfigurement.
How much is a broken bone settlement worth in Texas?
There is no single figure. Value reflects the fracture's severity, treatment, recovery time, lasting effects, lost income, and coverage.
A simple fracture that heals in a cast over several weeks supports a smaller claim. A fracture requiring surgery, plates or screws, or causing permanent limits supports a larger one. Fractures near joints, in the spine, or in weight-bearing bones like the hip or leg often have the greatest lasting impact.
Insurance limits then decide what can be collected from the at-fault driver, so your own underinsured coverage can matter.
Does surgery increase the value of a fracture claim?
Generally yes, because it shows a more serious fracture, adds cost, and often leaves scarring and lasting effects.
Surgery to set a bone with plates, screws, or rods is a clear marker of severity. Some patients need later surgery to remove hardware, which adds to future care.
Insurers rarely argue that a fracture did not happen, so they focus instead on whether recovery was complete. The surgeon's follow-up records answer that question.
What if the fracture did not heal properly?
Healing complications such as nonunion or malunion usually mean more treatment and more lasting effects, which increase value.
When a bone fails to heal or heals out of alignment, further surgery, bone grafting, or long-term limits may follow. These complications should be documented carefully, because they can turn a moderate claim into a serious one.
Whether a complication was caused by the injury or by something else, such as missed follow-up, is something insurers examine closely.
How do Texas impairment and disfigurement damages apply?
Texas recognizes physical impairment and disfigurement as separate damages elements from pain and mental anguish.
Physical impairment compensates for lost abilities, such as reduced grip strength, a limp, or an inability to kneel, that go beyond pain and lost earnings. Texas courts have required that impairment be a distinct loss, separate from the other elements, so it is proven with specific testimony about what you can no longer do.
Surgical scars are disfigurement. The size, location, and permanence of the scar affect its value, and photos help show it.
How is lost income handled for a fracture?
Missed wages are recovered as lost earnings, and permanent limits that reduce future earning ability are recovered as lost earning capacity.
Fractures often keep people off work for weeks or months, especially in physical jobs. Pay records and employer statements prove the loss.
If the fracture leaves restrictions that prevent a return to the same work, lost earning capacity becomes a larger part of the claim.
When should a broken bone claim settle?
After the bone has healed or the doctor can describe any permanent effects, including the need for future surgery.
Settling before healing is complete risks leaving out hardware removal, therapy, or arthritis care. Waiting until the outcome is known usually protects value.
The two-year filing deadline under section 16.003 applies, so a lawsuit can be filed to preserve the claim if recovery is slow.
How do fault and coverage limits affect a fracture claim?
Your share of fault reduces the recovery, and the at-fault driver's policy limit caps what that insurer pays.
Under Chapter 33 of the Civil Practice and Remedies Code, a jury's fault finding against you reduces the award by that percentage, and a finding above 50 percent bars recovery. Insurers raise fault arguments in fracture cases because fracture damages are often clear.
The Texas minimum liability policy is $30,000 per person, and a fracture with surgery can exceed it. Your own underinsured motorist coverage, an employer's policy if the at-fault driver was working, or a commercial policy may add to the recovery. Checking every source is part of valuing the claim.
Fracture features and valuation
| Feature | Why it matters | Common insurer position |
|---|---|---|
| Location | Weight-bearing bones and joints affect mobility more | Minor bone, quick healing |
| Treatment | Surgery and hardware show severity and cost | Surgery was optional |
| Healing | Nonunion or malunion means more care and lasting limits | Healed normally |
| Permanent effects | Loss of motion, arthritis risk, chronic pain | Full recovery expected |
| Scarring | Disfigurement is a separate Texas damages element | Scar is minor |
What evidence proves it
- X-ray, CT, or MRI reports showing the fracture
- Surgical records describing hardware used
- Orthopedic follow-up notes on healing and lasting limits
- Physical therapy records showing strength and motion
- Photos of scars over time
- Pay records and employer statements on missed work
Mistakes that cost people money
- Missing orthopedic follow-up visits
- Settling before healing is complete
- Not photographing scars and surgical sites
- Overlooking future hardware removal or arthritis care
- Describing your recovery as complete when limits remain
Frequently asked questions
Is a broken bone claim worth more if I needed surgery?
Usually, because surgery shows a more serious fracture and adds cost, scarring, and sometimes future care.
Can I recover for a scar from fracture surgery?
Yes. Texas recognizes disfigurement as a separate damages element. The scar's size, location, and permanence matter.
What if my fracture healed completely?
You can still recover for medical costs, lost income, and pain during recovery. The claim is usually smaller than one with lasting limits.
How long does a fracture claim take to settle?
Often after the bone heals and the doctor describes any permanent effects, which can take several months.
Does Owsley Law Firm charge for a fracture case review?
No. The review is free, and the firm charges no fee unless it recovers.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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