Settlement Value of Skull Fracture Injuries in Auto Accident Claims
Learn What to Expect When You Suffer a Skull Fracture in a Motor Vehicle Collision or Occupational Accident
A skull fracture is a crack within or displacement of one or more bones that form the neurocranium – the part of the skull that encloses and protects the brain and brainstem. Usually, this injury is the result of blunt force trauma.
Skull fractures are some of the most common injuries seen in patients with head trauma after a car crash or industrial accident. But that doesn’t mean they are minor injuries. While you may recover from an uncomplicated skull fracture within a few weeks or months, a fracture accompanied by a concussion can cause significant impairment.
There are other risks. Depending on the force of the traumatic impact, you may suffer a compound skull fracture that damages underlying structures such as the brain, blood vessels, and the brain membranes, which are called the meninges. It may also cause infection.
Skull fractures to automobile accident victims and injured workers often cause permanent brain injury and even death. They can destroy life as you know it.
This article discusses the factors you should consider when protecting your legal rights and negotiating a skull fracture injury settlement under tort law or workers compensation.
Keep reading to learn more.
If you have questions about the personal injury or workers comp process and how to increase the value of your skull fracture case, call me: (804) 251-1620 or (757) 810-5614. See why my peers have voted me one of the top traumatic brain injury attorneys in Virginia – and what I can do for you and your family.
Anatomy of the Skull
The skull is the brain’s primary protection against head trauma. Its bones are divided into two groups: the skull’s bones and the facial skeleton’s bones.
Your skull has eight cranial bones that are connected by bands of tissue called sutures. The bones are the frontal bone (forehead), left and right parietal bones (top of the head), left and right temporal bones (side of the head), and the occipital bone (back of the head).
The term skull fracture refers to a break in one of the eight cranial bones, while the term mandibular fracture refers to a broken jaw and the term facial fracture refers to a break in one of the facial skeleton’s other bones. This article focuses on skull fractures only.
Each bone in your skull has three layers: the hard external layer, the spongy middle layer called the diploe, and the compact inner layer.
Skull thickness varies by location. The amount of force required to cause a skull fracture depends on where the traumatic impact occurs.
It takes greater force to cause a skull fracture at the mastoid processes, the external angular process of the frontal bone, or the glabella than it does at the area of your skull covered by muscle but not having an underlying diploe formation. The latter areas are thinner and more susceptible to fracture.
Common Causes of Skull Fractures
A bone breaks when it is unable to absorb the amount of force applied. The data indicates that up to one-third of all head trauma patients sustained trauma forceful enough to cause a skull fracture.
Skull fractures can happen from:
- Assault and battery
- Falling objects
- Heavy machinery accidents
- Labor and delivery at birth
- Motorcycle accidents
- Pedestrian accidents
- Tractor-trailer accidents
- Trip and falls
Common Symptoms of a Skull Fracture
Below is a list of some of the most common symptoms experienced by skull fracture victims.
- An apparent depression or abnormality near the impact site where the bone is pushed in
- Blood or fluid draining from the head
- Bruising near the impact site
- Facial weakness
- Headache
- Pain at the impact site
- Swelling near the impact site
If you’re experiencing any of these symptoms, seek medical attention.
Is It Possible to Suffer a Skull Fracture without Loss of Consciousness?
Yes, many persons with fractured skulls do not lose consciousness. At least one study found that up to 50% of patients with fractured skulls did not lose consciousness after the initial trauma.
What are the Types of Skull Fractures?
Medical professionals classify skull fractures as either linear, depressed, compound, or basilar.
Linear Skull Fracture
Linear skull fractures follow a straight or nearly straight line with no bone displacement, splintering, or depression. Blunt force trauma is the most common cause of a linear skull fracture, with additional injuries such as scalp laceration, brain hematomas, or intracerebral hemorrhages accompanying these fractures often.
Unless there are additional injuries, it is often difficult for doctors to find a linear skull fracture during the clinical exam. The scalp will likely appear normal.
Skull x-rays and CT scans, however, can identify a linear skull fracture in most cases.
Linear skull fractures usually heal without surgical intervention. However, there are some exceptions. Some infants and children who suffer a linear skull fracture are at risk of developing a growing skull fracture. This occurs when the linear skull fracture expands and widens as the child’s head grows. In these cases, surgical repair may be necessary to prevent the fracture line from extending.
Depressed Skull Fracture
A depressed skull fracture is a fracture in which a part of the skull is displaced and pushed inward toward the brain by blunt force trauma. Medically, this means the bone fragment’s outer table is below the inner table of the surrounding skull. These fractures, also called “crush” fractures, occur in about ten percent of severe head injury cases
Sometimes the depression is mild – just a few millimeters. Other times the depression is severe – several centimeters. The degree the fracture is depressed depends on the amount of force applied to the head.
Depressed skull fractures are classified as simple, meaning there is only a single fractured line, or comminuted, meaning there are multiple fracture lines at the same location. Though most depressed skull fractures are accompanied by loss of consciousness, the data suggests that up to 25% of patients do not lose consciousness.
Whether your doctor can identify the depressed skull fracture during a clinical exam depends on how large the depression is. Smaller depressed skull fractures are not always obvious and may require a CT scan or X-ray for identification.
Small, depressed skull fractures may require no treatment beyond rest and observation – even minor depressed fractures of the skull can result in infection if an object penetrates the scalp. More extensive depressed skull fractures, however, will.
You may require an operation for your depressed skull fracture if it:
- Has more than 10 mm of depression
- Includes a cerebrospinal fluid leak
- Is an open skull fracture
- Is causing seizures or focal neurologic deficits
- Consists of a brain hemorrhage or subdural hematoma
The surgery involves opening the scalp over the fracture site, correcting any underlying hemorrhages or hematomas, and restoring the compressed parts.
Compound Skull Fracture
Compound skull fractures occur when the traumatic impact penetrates the scalp and breaks the bone. Sharp, heavy objects are the most common cause of compound skull fractures because they can open the scalp and compress the bone.
Usually, doctors can diagnose a compound skull fracture without diagnostic imaging because the scalp is open. Often these fractures are accompanied by significant blood loss and a brain laceration.
Infection is a serious concern with compound skull fractures. An open scalp puts you at greater risk of contamination by germs and bacteria, resulting in permanent brain damage.
Compound skull fractures are treated with surgery. The goals of operative management are:
- Elevating the fracture if the skull is depressed
- Removing any foreign object that entered the scalp opening
- Correcting any underlying bleeding or spinal fluid leak
- Closing the scalp
- Minimizing the risk of infection
Basilar Skull Fracture
A basilar skull fracture involves a break in the floor of the skull (skull base).
Basilar skull fractures are rare, occurring in about four percent of severe traumatic brain injury patients. Presumably, this is because it takes greater force to cause a basilar skull fracture than fractures in other skull areas.
Basilar skull fractures often result in:
- Cerebrospinal fluid leaking from the nose or ears
- Blood in the sinuses
- Bruising around the eyes, a condition called raccoon’s eyes
- Bruising behind the ears (Battle’s sign)
- Injury to the cranial nerves that causes hearing loss, double vision, loss of smell, and weakness
Many basilar skull fractures heal over time without surgical management. But those involving cerebrospinal fluid leakage may require surgery if the leakage won’t stop after a few days.
Meningitis is also a risk if you have a fracture of the base of the skull. But you may not recognize the threat at first. Sometimes meningitis occurs months or years after the injury.
What are Common Complications from a Skull Fracture?
A skull fracture is dangerous enough on its own. But it also increases the risk of brain damage or death from other complications.
These complications include:
- Contusion: Skull fractures can cause a brain contusion – the official term for bruising and swelling.
- Hematoma: A skull fracture can cause a hematoma, or heavy bleeding, around the brain.
- Infection: A skull fracture may result in tearing of the meninges, the tissue covering the brain. Bacteria can enter through the fracture opening and infect the brain tissue. Any breach in the skull – even a minor violation – increases the risk of infection.
Who Treats Skull Fractures? Understanding the Neurosurgeon’s Role
Many medical professionals will contribute to your treatment and recovery after traumatic brain injury. If you require surgical management because of the head trauma, a neurosurgeon will provide care.
Neurosurgery is a medical specialty that focuses on neurological disorders and injuries to the spinal cord, brain, and peripheral nerves.
There are sub-specialties within the neurosurgery field: pediatric neurosurgery, cerebrovascular surgery, neuro-oncology, spine surgery (spinal fusion), neurotrauma surgery.
A supportive neurosurgeon board certified by the American Association of Neurological Surgeons (AANS) or the Congress of Neurological Surgeons (CNS) can help you recover a fair settlement or verdict.
Can a Skull Fracture Cause Permanent Brain Damage?
Yes, a skull fracture can result in permanent cognitive, emotional, and physical impairment and disability.
Skull fracture injuries are some of the most catastrophic and severe injuries you can have.
Can You Die from a Fractured Skull?
Yes, it’s possible to die from a fractured skull.
A person is at risk of death from a skull fracture when the injury results in:
- A piece of bone penetrating the brain tissue
- Severe brain bleeding and swelling
The longer the fractured skull goes untreated, the higher the risk of death.
The family of the person who died from the fractured skull may have a wrongful death lawsuit against the responsible person or company under negligence law or may seek death benefits under workers comp if the injury arose from a work accident.
Why are Infants and Newborns at Greater Risk of Suffering a Skull Fracture?
Many babies and infants suffer skull fracture injuries during labor and delivery, and later in childhood from relatively minor trauma.
A baby’s skull is not like an adult’s skull. It is much softer and flexible. This softness allows a newborn’s head to emerge from the birth canal during delivery.
As a child grows, the skull expands to fit the developing brain, and the sutures close and fuse, making it much harder.
Unfortunately, a softer skull is more sensitive to fracturing from trauma.
If your child’s fracture results from medical malpractice or someone else’s negligence, a birth injury lawyer can help.
What is the Average Settlement Value of Skull Fracture Injury Claims?
Skull fractures are severe injuries. The statistics on skull fracture settlements and verdicts support this.
In my experience, the average settlement amount for a skull fracture injury is more than $100,000.00, with fractures resulting in permanent brain damage being worth up to $1 million or more.
What Factors Impact Value in Skull Fracture Injury Claims?
Several factors will determine the value of your case. Some of the most important ones are:
- Liability: If there is no dispute that the other driver’s negligence or a defective product caused your accident and skull fracture, your case will have a higher value. Similarly, having a Workers Compensation Award Letter increases your skull fracture injury’s value arising from an industrial accident.
- Collectability: A judgment is only useful if the defendant has enough auto insurance or assets to collect.
- Venue: If your case is in a plaintiff-friendly jurisdiction such as the City of Richmond, Petersburg, Newport, or Norfolk, it will have more value than in conservative jurisdictions.
- Supportive Doctors: In skull fracture cases, you will rely on your neurosurgeon and neuropsychologist to prove medical damages. Supportive and credible doctors make it easier to recover fair compensation.
- Quality of Life: Insurance companies know that juries award larger verdicts when a plaintiff can show that the skull fracture will diminish their quality of life.
When is the Best Time to Settle a Skull Fracture Injury Case?
Unless there is a dispute over liability or workers compensation coverage, I recommend waiting until you have reached maximum medical improvement (MMI) to settle a skull fracture injury case.
It can take months before you recognize the full extent of impairment related to the skull fracture. Many symptoms and limitations of traumatic brain injury do not become apparent until you return to your routine or try to learn new things.
High-Quality Legal Representation for Your Skull Fracture Case
If you have suffered a skull fracture in a work-related accident, motor vehicle collision, or slip and fall, call me for a free consultation: (804) 251-1620 or (757) 810-5614.
My fellow attorneys and past clients have voted me one of the best brain injury lawyers in Virginia because I get results. And I want to help you during this difficult time – whether it takes a personal injury lawsuit, workers comp settlement, or an application for Social Security Disability (SSDI or SSI) benefits.
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