Hip fractures can be very serious and often lead to intense pain and complications. You should speak to an attorney about your injuries as soon as possible. The person responsible should be held accountable, and you should be awarded financial compensation.
A good settlement will be based on the numerous factors surrounding each accident and injury. How the accident happened, the extent of medical care, any complications, and how the injury affects your day-to-day life should all be considered when negotiating a settlement. We must have evidence supporting these factors in your case. While we might not have to present this evidence to a judge and jury, a good settlement is unlikely without evidence to back you up.
Request a free, confidential claim review from our Maryland personal injury attorneys when you call Rice Law at (410) 694-7291.
Settlements Based on How a Hip Fracture Occurs
Hip fractures may occur under numerous circumstances or because of a wide variety of accidents. The exact nature of your accident may have a strong bearing on settlement outcomes.
Slip and Fall Accidents
Slip and fall accidents are far more dangerous than people realize. Many people fracture hips this way, especially if they are older or have a medical condition that makes them more vulnerable to injuries.
In slip and fall cases, defendants may try to argue that your own clumsiness is to blame or that you ignored posted warnings to avoid a certain area. Such arguments may have an impact on your settlement.
Vehicle Accidents
Car accidents are very common, and injuries may vary greatly. Some people are unlucky enough to incur hip fractures in accidents, among other injuries.
Your settlement may be influenced by the at-fault driver’s actions during the accident. Were they speeding? Did their behavior constitute reckless driving? Were they intoxicated? All these factors in a car accident case must be considered during settlement negotiations.
Medical Negligence
Your hip might have been fractured because of medical negligence. A procedure gone wrong or a lack of assistance for patients with mobility problems can easily cause hip fractures.
Medical negligence often involves the failure of medical professionals to meet the standard of care for a patient. In that case, the doctor and the hospital may be on the hook for substantial damages. Hospitals often have funds set aside specifically for cases like this, and a settlement may be more likely.
Who Pays a Hip Fracture Settlement?
While hip fracture settlements are often paid through someone’s insurance, our Dundalk, MD personal injury lawyers must include all defendants in your case. Insurance is often limited, and if multiple people share responsibility, their insurance companies might refuse to pay more than each defendant’s “fair share.” Including all possible defendants may help increase your chances of getting all your damages covered in a settlement.
How the Severity of a Hip Fracture Affects Settlement Outcomes in Maryland
Hip fractures may vary in severity. Some people recover somewhat quickly, while others deal with lasting complications and pain. The severity of your injuries and how they affect your life are major factors in a settlement.
Medical Costs
Severe hip fractures will almost undoubtedly require more extensive medical care. You might be in the hospital for quite some time if the fracture is especially serious. As such, you will incur much higher medical bills. All the medical costs you have incurred so far and may continue to incur as the case moves forward should be added to your settlement. If any medical bills are left unpaid after a settlement, it is not a good settlement.
Long-Term Complications
Hip fractures sometimes heal relatively quickly. They also sometimes heal very slowly or lead to serious medical complications. Bones may heal improperly, infections may occur after surgery, or a lack of mobility may lead to bed sores or even blood clots.
If you encounter any complications, you may need urgent medical care, which will certainly lead to additional costs. You may also experience more severe pain and mental anguish, which should be reflected in your settlement.
Mobility Issues
Hip fractures frequently lead to mobility issues. Many injured victims cannot work while they are recovering. Many still have difficulty walking even after their injurie sheal. You might be left with limited mobility or chronic pain that makes walking difficult. Mobility issues may interfere with almost all aspects of your life, and a settlement should be larger for it.
How a Good Settlement for a Hip Fracture Accounts for Your Ability to Work
As mentioned before, hip fractures can make it difficult to move around or cause lasting, chronic pain. Your ability to work may be seriously hindered. Some people might find themselves unable to work at all after a bad hip fracture.
If you cannot work, a settlement should account for the income you have lost due to your injuries. We should also make sure future lost earnings are accounted for if you cannot return to work for the foreseeable future. The longer you cannot work, the more compensation should be included in your settlement.
Accounting for Pain and Suffering in a Hip Fracture Settlement
Hip fractures are painful in more ways than one. A good settlement should account for physical pain in addition to mental and emotional distress.
Humiliation
Some people report feeling deeply humiliated because of a hip fracture accident. For example, when someone falls and becomes injured, some people may laugh rather than help. The feeling of being in pain while others around you sneer is difficult to forget, and it should be factored into a settlement.
Mental Trauma
Accidents often cause serious mental trauma in victims. For example, a serious car accident can leave victims shaken for a long time. Some people might never fully move on from what happened, and many years of emotional turmoil may follow.
Physical Pain
We must not overlook your physical pain. Hip fractures often lead to incredibly sharp, intense pain in the hip, leg, and groin area. It is often so unbearable that victims cannot put any weight whatsoever on the affected leg and hip. In some cases, pain may worsen over time or flare up due to medical complications.
How Punitive Damages May Affect a Hip Fracture Settlement
Punitive damages are awarded in lawsuits, but they are not guaranteed in settlements. However, if you have a very clear, strong claim for punitive damages, the defendant may offer a higher settlement to avoid being taken to court.
Keep in mind that punitive damages are unavailable in drunk driving cases in Maryland. If your hip fracture stems from a drunk driving accident, your settlement may not account for punitive damages.
Receive Legal Support from Our Maryland Personal Injury Attorneys
Request a free, confidential claim review from our Baltimore, MD personal injury attorneys when you call Rice Law at (410) 694-7291.