First, I’m going to talk about tibial plateau fractures. Then, I’ll talk about claims and settlements for personal injury cases involving tibial plateau fractures.
Overview on Tibial Plateau Fractures
The tibia plateau is one of the most important weightbearing areas in our bodies. A tibia plateau fracture affects motion, stability and the alignment of the knee.
The knee has many different and connected parts.
Types of Tibial Plateau Fractures
The Schatzker classification system puts tibial plateau fractures into 6 types. For purposes of this article, just understand that certain types of tibial plateau fractures are more serious than others.
More serious fractures usually have a higher full value for the pain and suffering component in an injury case.
Little Chance the Insurance Company Will Say Tibial Plateau Fracture Isn’t Caused By the Accident
In people with osteoporosis (weak bone strength), a minor impact can cause a tibial plateau fracture.
For people with strong bones, it usually takes a high energy event (like a car accident) to cause a tibial plateau fracture. Thus, if you have neck or back pain, or another soft tissue injury, you can argue that the hard impact also injured that body part.
Compartment Syndrome with a Tibial Plateau Fracture
If a doctor thinks that you may have a tibial plateau fracture, he will look at your soft tissues to see if you have compartment syndrome. Compartment syndrome is a painful and dangerous condition caused by pressure buildup from internal bleeding or swelling of tissues.
Neurovascular Injury with a Tibial Plateau Fracture
The doctor will also look to see if you have a neurovascular injury. A neurovascular injury affects the nerves and blood vessels. A neurovascular injury with a tibial plateau fracture increases the full value of the pain and suffering element of your case.
Meniscus and Cruciate Ligament Injuries with a Tibial Plateau Fractures
About half of knees with closed tibial plateau fractures have injuries of the meniscus and cruciate ligaments that usually require surgery. A closed tibial plateau fracture is one where the bone doesn’t break through the skin.
If you have a tibial plateau fracture and an injury of the meniscus and/or cruciate ligament, this increases the full value of the pain and suffering component.
Surgery on a Tibial Plateau Fracture
Some tibial plateau fractures can be treated without surgery. However, if you have a tibia plateau fracture that breaks through the skin, you will need surgery.
Tip: If possible, have someone take photos of the bone that broke through the skin. This will help the insurance company claim handler see the severity of your injury. It will increase the full value of the pain and suffering component of your case.
Surgery Increases the Full Value of a Tibial Plateau Fracture
In addition, open surgery on a tibial plateau fracture leaves a scar.
Scar and rash 9 months after tibial plateau fracture surgery
The above scar was from a car accident case where the injured driver had surgery on his tibial plateau fracture. This is how the scar looked about 9 months after the surgery.
$1,200,000 Settlement for Tibial Plateau Fracture and Surgery
Patricia (not real name) fractured her tibial plateau when she slipped and fell at a hotel.
After the accident, she got a Free consultation with me to see if I could represent her in a claim against the hotel. We spoke on the phone and she hired me.
Patricia also had tears to her medial and lateral meniscus.
She had open reduction internal fixation (ORIF) surgery on her leg, which is where a doctor drills a plate and screws into your body. Patricia also had surgery to her menisci.
I worked on this case with another law firm who sued the hotel. The doctor said that Patricia would likely need a future knee replacement.
We settled Patricia’s case for $1,200,000. The $1,000,000 settlement check below is the first of two checks that I received totaling $1,200,000.
As you can see the settlement check was issued to my law firm.
Joint Instability and Deformity Increases Settlement Value
As the instability and deformity to the joint increases, so does the full value of the pain and suffering part of your claim.
The tibia plateau is the top surface of the tibia. A break in the shinbone right beneath the knee may extend into the knee joint and divide the top of the bone into a few or several parts. These kinds of fractures are known as intra-articular or tibial plateau fractures.
Damage to the top surface of the tibia bone may result in improper limb alignment, and over time may contribute to arthritis, instability, and loss of motion.
If your orthopedic doctor says this, this increases the full value of the pain and suffering component of your case.
If your doctor’s medical records do not mention that your tibial plateau fracture will result in arthritis, instability and loss of motion, you can ask him if he thinks that these things will happen.
If he agrees, get his opinion in writing and quickly send it to the responsible parties or their insurers.
Complications of Tibial Plateau Fractures Increase Settlement Value
You may get complications (problems) after a tibia plateau fracture. Some complications appear early, others come late.
If someone’s carelessness caused your tibial plateau fracture, then they owe you compensation for any complications that are related to the accident.
Early Complications of a Tibial Plateau Fracture
Some early complications that increase the full value of a case are:
Compartment syndrome
Injuries to the veins
Swelling and problems healing
Infections
Deep vein thrombosis (DVT)
Nerve injuries
How does a tibial plateau fracture (with surgery) settlement value compare to other surgery cases?
Cases where you have tibial plateau fracture with surgery are usually worth more than most other broken bones with surgery. This assumes all things equal.
For example, a tibial plateau fracture with surgery is usually worth more than surgery to fix a broken:
Wrist
Shoulder
Knee
Foot
On the other hand, a bad femur or hip fracture with surgery may worth a similar amount as a tibial plateau fracture with surgery. The same is true if you have a bimalleolar or trimalleolar ankle fracture with surgery.
Weakness of Extensor Hallucis Longus (EHL) Muscle
Extensor hallucis longus
A tibial plateau fracture can lead to weakness in the Extensor hallucis longus (EHL) muscle. The EHL muscle extends the big toe. It brings the toes closer to the shin.
Neuropraxia of the Peroneal Nerve
Damage to the peroneal nerve can be caused by:
Trauma or injury to the knee (Trauma could be a car or motorcycle crash or other type of accident.)
Injury during knee surgery or from being placed in an awkward position during anesthesia
Traumatic peroneal palsy may result from a supracondylar fracture, knee dislocation, and a proximal tibial fracture. The proximal tibia is the tibia that is closer to the knee.
Traumatic injury to the common peroneal nerve at or below the knee occurs in 1.2% to 3% in tibial plateau fractures but can be as high as 75% if you injured more than one ligament in your knee. This is particularly true with postero-lateral knee dislocations.
A Postero-lateral knee dislocation is a dislocation behind and to the side of the knee furthest from your midsection (or abs).
If the responsible parties have enough bodily injury (“BI”) liability insurance to cover your injuries, then you should wait to settle until you’re sure that you don’t have any late complications to your fracture.
Late Complications of Tibial Plateau Fractures
Some late complications are:
Knee stiffness
Knee instability
Angular deformities
Collapse
Malunion (fracture heals in a bad position)
Osteoarthrosis
These late complications increase the full value of the pain and suffering component of your case.
Long Term Care for Tibial Plateau Fractures
One study found that removing implants after ORIF for tibial plateau fracture led to improved clinical outcomes at 12 months. If you have your hardware implants removed, this increases the full value of your case. This is because it increases your total medical billed charges, and pain and suffering.
Let’s look at some settlements for auto and truck accident cases where a tibial plateau fracture was the claimed injury.
$445,000 Settlement for Tibial Plateau Fracture (Motorcyclist Hit By Truck)
A truck hit him in Hialeah, Florida. He had surgery to fix his tibia plateau fracture and finger.
$300,000 Settlement for Tibial Plateau Fracture (Car Accident)
A Georgia resident (Ryan) was visiting Florida for business. He was driving a rental car in Clearwater, Pinellas County, Florida. While he was driving, another car was heading in the opposite direction.
The other driver made a left hand turn in front of Ryan. They crashed. Here is what Ryan’s rental car looked like:
Allstate insured the driver who received a ticket for causing the crash.
After the accident, this is what the other driver’s car looked like:
At the hospital, someone took a photo Ryan.
Check it out:
Here is another image that focuses more on the equipment that was used to monitor his vitals:
After we spoke, he hired me. At the hospital, doctors performed surgery on his leg.
Specifically, they put a plate and screws into his leg. This is an actual x-ray of his leg.
After surgery, the doctor put a cast on his leg.
When he left the hospital, he could not walk. He was wheeled out of the hospital.
The careless driver only had $10,000 in bodily injury liability (BIL) coverage with Allstate. Within 8 days of the car accident, Allstate sent me a check for the $100,000 BIL limits.
However, I did not want to deposit it. Since my client had Georgia uninsured motorist insurance, we needed to keep the at fault driver in the case.
In order for Ryan to go to orthopedic visits and physical therapy, a medical transport van would come to his home. There, someone would load him into a van while he was in a wheelchair.
Ultimately, Ryan made a good recovery.
I settled with Allstate for the $100,000 BIL limits.
Travelers was Ryan’s uninsured motorist insurer. They paid me $200,000 to settle.
Don (not real name) was driving his car through an intersection in Miami, Florida. Another driver crashed into Don.
Immediately after the accident, Don had leg pain from the accident. Paramedics came to the scene and took him to the hospital.
At the hospital, an x-ray of Don’s leg showed that he had a broken leg. Don got a free consultation with me to see if I could represent him. Immediately after we spoke, he hired me.
I requested the crash report and saw that the other driver got a ticket for running the red light.
The other driver’s insurance company only offered $5,000 as a personal injury settlement! They battled with us for a while and increased their offer close to $16,200.
Don’s orthopedic doctor said that he may need surgery in the future if his leg becomes to unstable. However, this doctor did not say that Don willneed surgery, which (if true) would’ve likely added much more value to his case .
I asked his doctor to send me a written estimate of the cost of the leg surgery. I then sent that estimate to the other driver’s insurance company.
The written estimate of the cost of a possible future surgery was the biggest factor that got the other driver’s insurance company to significantly increase their offer.
I fought hard and got Don a settlement of over $104,000. After my lawyer fees, costs and paying his medical bills, Don received over $67,000 in his pocket.
If Don would’ve had surgery to his leg, the settlement likely would have been much higher.
This is one of my biggest settlements for a fractured bone where my client did not have surgery.
$70,000 Settlement for Tibial Plateau Fracture and Other Injuries (Pedestrian Hit By Car)
Bicyclist Gets $33,000 Settlement for Tibial Plateau Fracture
A bike rider who was hit by a car at an intersection in Kendall, Florida. The bicyclist had a non-displaced fracture of his tibial plateau. He did not need surgery.
He healed perfectly. He didn’t need any more treatment. State Farm insured the driver.
I represented the bicyclist.
Man Wins $1.43 Million for Tibial Plateau Fracture
This is not my case. Jose Cardona was driving a car for Presidential Car Service. Another car made a left hand turn in front of Jose.
This forced Jose to drive off the road and into a barber shop. Richard Catlett was sitting in the barber shop.
As a result, Catlett fractured his tibial plateau, and his knee cap (patella). He had ORIF surgery to his tibial plateau.
By the time of trial, he had developed osteoarthritis in his knee. His orthopedic doctor said that he would need an a total knee replacement and then another revision surgery. He still had pain in his knee.
On December 15, 2016, a jury found Cardona and Presidential 85% at fault of the crash, and the other driver 15% at fault.
The jury awarded $1,431,472 to Catlett. The breakdown of the verdict was:
$400,000 past pain and suffering $800,000 future pain and suffering $11,471.57 past medical bills $100,000 future medical expenses $120,000 future loss of earning capacity
The case went to trial in Broward County, Florida.
Driver Wins $246,670 for Tibial Plateau Fracture from Crash
Bicyclist Hit By Car Wins $352,100 for Tibial Plateau Fracture
This isn’t my case. A jury awarded a bicyclist (in her sixties) $352,100 for a non-displaced tibial plateau fracture.
She was riding a bike on a sidewalk when she claimed that a car pulled out of a driveway and hit her. She had arthroscopic knee surgery for her chondromalacia of her patella (kneecap).
I don’t know how much money was awarded for pain and suffering. This verdict does very little to help me know the value of tibial plateau fractures.
In addition, she had a surgery on her knee (not the tibial plateau). Thus, when valuing her tibial plateau fracture, you should assign a separate value for her other injury.
The verdict was in Palm Beach County, Florida on 9/7/11. The case is Solomon v. Bennett.
Jury Awards $964,196 for Tibial Plateau Fracture and Back Surgery
$1,400,439 Awarded When Engine Stand Crushes Man’s Tibia Plateau
An engine stand.
This isn’t my case. A 37-year-old man was working on an engine stand when it tipped over and fell on his leg.
He suffered a tibial plateau fracture requiring with the insertion of hardware, plates and screws. While in the hospital, he suffered a compartment syndrome that required a fasciotomy to help the swelling. His hospital stay was 12 days.
He sometimes walks with a cane and has difficulty standing. Five years after the accident he still complains of chronic pain and limitations.
The total verdict was for $1,400,439. Of that amount, $1,159,000 was for pain and suffering.
The verdict was on October 15, 2009. The case was in Duval County, Florida. The case is Kenneth Branson v. Allied International.
Pedestrian Gets $500,000 Settlement for Tibial Plateau Fracture
This isn’t my case. A 76-year-old female pedestrian was struck by Miscioscia’s vehicle in a shopping mall parking lot. She claimed that he failed to keep a proper lookout and yield the right-of-way to her.
She claimed that she suffered a tibial plateau fracture that required internal fixation and resulted in limited knee motion.
Her doctor gave her a 15% whole body impairment rating. The driver denied liability.
The case settled for $500,000. Her medical bills were $163,823. This leads me to believe that $336,177 of the settlement was for pain and suffering.
Her doctor gave her a 15% whole body impairment rating. The driver denied liability.
The case settled for $500,000. Her medical bills were $163,823. This leads me to believe that $336,177 of the settlement was for pain and suffering.
The settlement was on 9/1/2007 in Seminole County, Florida. The case is Caufield v. Miscioscia.
Driver Gets $228,000 for Tibial Plateau Fracture from Crash
A 70-year-old man claimed that he suffered a tibial plateau fracture of his knee when another vehicle crashed into him. He claimed that the other driver made a U-turn in his lane of travel.
The verdict was for $228,000. It appears that the entire verdict was for pain and suffering.
I don’t know if the man had surgery to fix his tibial plateau fracture. The trial was in Palm Beach County, Florida.
The case is Wiener v. Miller. The verdict was in August 2007.
Pedestrian Hit By Car Wins $950,000 for Tibial Plateau Fracture
Bicyclist Hit By Truck Wins $459,025 for Tibial Plateau Fracture
This isn’t my case. A 23 year old female bike rider who was hit by a truck claimed that she suffered a tibial plateau fracture that required surgery. She also had a 4 compartment syndrome with fasciotomy, and arthritis.
The total verdict was for $459,025. The breakdown of the award was:
Past Pain and Suffering: $10,000
Future Pain and Suffering: $250,000 Past Medical Bills: $58,465 Future Medical Bills: $130,000 Past Lost Wages: $10,560 Future Lost Wages: $10,000
This comes out to approximately $4,000 per year for future pain and suffering. The jury found the bike rider 30% at fault. The total verdict was reduced by 30%.
The trial was in Duval County, Florida on October 14, 2005. The case is Hansen v. Sunbelt Rentals Inc, and Lopez.
Man Wins $55,650 for Tibial Plateau Fracture; Judge Increases Award
Walmart Shopper Wins $294,800 for Tibia Plateau Fracture from Slip and Fall
This isn’t my case. A female shopper in her seventies slipped and fell in Walmart on 2 different days.
On her 2nd fall, she fractured her tibial plateau and had ORIF surgery. Six months later, she had a knee replacement.
The total verdict was for $294,800. Of that amount, $236,000 was for pain and suffering.
The breakdown of the pain and suffering award was $200,000 for past pain and suffering, and $36,000 for future pain and suffering.
The case is Carol Galuzny v. Wal-Mart Stores Inc. The trial was in Lee County, Florida. The verdict was on 11/5/2008.
Motor Vehicle Crash Victim Wins $143,492 for Tibial Plateau Fracture and Other Injuries
A 32-year-old man fracture his tibial plateau in a truck accident. He had steel implant surgery. He also fractured his nose. He was left with a permanent scar.
He had a blow to the top of his head that resulted in 20 sutures across his forehead. He claimed severe post-concussive syndrome, vision problems, stress, soft tissue injuries to his arms, shoulders, ribcage, both legs and abdomen.
The total verdict was for $143,492. $90,000 of that amount was for pain and suffering.
The breakdown of pain and suffering was: $30,000 for past pain and suffering; $60,000 for future pain and suffering.
The jury verdict was on 8/28/2008 in Duval County, Florida. The case is David Martinez v. Beam Brothers Trucking, and Rathbone.
Jury Awards $800,000 for Tibial Plateau Fracture and Cellulitis
This isn’t my case. A jury awarded $800,000 to a 55-year-old female realtor who suffered a comminuted tibial plateau fracture with ORIF, resulting in cellulitis.
She said that she was cut off by a scooter that left the accident scene. She sued State Farm for her uninsured motorist (UM) insurance benefits.
The is a 2001 verdict.
My thoughts: I’m unsure as to how bad her cellulitis was. Thus, it’s tough to know how much of the pain and suffering award was for the tibia fracture and how much of the award is for the cellulitis.
I don’t know what future medical treatment the jury awarded her money for.
A 62 year old Costco shopper suffered a comminuted fracture to tibial plateau, and had a fibula fracture which required 2 surgeries.
She tried to grab an item on a shelve at Costco (in North Miami Beach, Florida). When doing so, many other items fell on him causing her to strike the floor.
A jury awarded her $550,000 of that amount was for pain and suffering. Her lower leg was in an Ilizarov Fixator for 4 months.
Ilizarov fixator. Not from actual case.
She had a small limp that may require a future surgery. She may need a future total knee replacement (arthroplasty).
The verdict was in October 19, 2001. The case is Godur v. Costco.
Man Hit By Forklift Wins $636,466 for Tibial Plateau Fracture
This isn’t my case. A 77-year-old man hit by a forklift won $536,466 for his tibial plateau fracture. A forklift hit him in a food market. $455,000 of this award was for pain and suffering.
He was awarded $95,000 for past pain and suffering, and $360,000 for future pain and suffering.
He had an open grade I tibia plateau fracture of the leg, resulting in a displaced tibial plateau fracture of the left knee. He was airlifted to Jackson Memorial Hospital (due to drop in blood pressure).
There, doctors performed a debridement of the leg and placed it in a brace. The knee cut was one inch long.
He was confined to a wheelchair for several months thereafter, and underwent several months of physical therapy. The displaced tibial plateau fracture caused ongoing degenerative traumatic arthritis in his knee.
His doctors said that he would require a total knee replacement. The defense didn’t argue this. He said that he couldn’t handle the pain and will get surgery.
His wife received $20,000 for loss of consortium. This is a 2003 verdict.
Actual case (not mine): $382,000 for Pain and Suffering in 1999 for a 31-year-old man who suffered a tibial plateau fracture of his leg requiring ORIF. He then had a second surgery to remove the hardware that was put in his leg.
His doctor said that he had an excellent result but that he had damage to top of the lower leg (tibial head). His doctor said that he would probably require a total or semi-arthroplasty by the time he was 50 years old.
He broke his leg when he was knocked over by a man who broke into his hotel room in Miami-Dade County, Florida. The hotel admitted that it was at fault on the morning of trial.
The doctor hired by the hotel said that he would not need a total knee replacement. That doctor said the worst case scenario is that he would need an arthroscopy to remove loose cartilage in his knee.
Actual case (not mine): $225,000 for pain and suffering for a 56-year-old woman who had a tibial plateau fracture and 3 broken ribs. She was a passenger in a car in Tampa when the car was hit by a concrete truck owned by the Defendant.
She was awarded $100,000 for past pain and suffering, and $125,000 for future pain and suffering.
The future pain and suffering was intended to give compensation for the remainder of her life expectancy which is 25 years (at $5,000 per year.) The was a 1989 verdict.
If you were badly injured in Florida or on a cruise, and you think someone else is at fault, I want to represent you. I want to fight to get you the compensation that you deserve.
