Thousands of Atlanta, Georgia, residents suffer injuries from auto collisions yearly. These wounds are either mild or severe. Also, the affected persons can seek compensation from the party responsible with the assistance of an Atlanta automobile accident attorney.
One of the injuries an accident victim would likely sustain is a hip injury. Like other wounds, treatment costs money, and the injured party may stay off work for some time. Also, aside from the hip wound, the person might have suffered other losses for which they deserve financial compensation.
The question, therefore, is how much will a hip injury victim recover as compensation? Are there factors that affect the average settlement amount? This article will provide answers, but first, let’s learn more about hip injuries.
What Is a Hip Injury?
A hip injury is any damage to the hip joint. The hip is a ball and socket joint, with the ball at the top of the femur, the upper part of a thighbone. The socket or acetabulum is a round bone around the femoral head and is part of the pelvis bone.
The most common hip injury in car accidents is a fracture. The hip is fractured when a break occurs in the upper part of the femur bone (thighbone). Yearly, over 300,000 people in the United States suffer from hip fractures.
A hip fracture is painful and often requires surgery before the victim feels better. Also, aside from a fracture, a car crash can cause bursitis. Bursitis is an inflammation of the hip that occurs when fluid in the bursae gets inflamed or irritated.
Furthermore, a person could suffer a hip dislocation. Although dislocation is not as severe as a fracture, it causes excruciating pain. However, it does not require surgery to treat, and the injured party can recover with medication and adequate rest over time.
What Causes Hip Injuries in a Car Accident, and How Do You Prove It?
If you are involved in a minor car crash, there is a low likelihood that you will suffer a hip injury. This is because high-impact collisions cause hip wounds and they are common in side-impact crashes.
Also, following the laws of physics, the force created by a high-impact collision transfers into the body of a car occupant or occupants. This force is usually more than the body can bear and can cause a break in the hip bone.
When you file a compensation claim with the at-fault party insurance provider, they will try to argue with the physics. Even if you present evidence of a badly shattered car, an insurance adjuster will still contend that the accident caused the fracture. This is more so if you are an older adult.
The insurance company would argue that an existing medical condition could have caused the fracture. This is because people suffering from osteoporosis can easily fracture their hips. So, how do you prove that the accident caused your hip injury?
The first thing to do is get a copy of the police report, as it proves that you were indeed in an accident. Next, present your medical record to the insurance adjuster. The medical information will state whether or not blunt force trauma or a medical condition caused the hip injury.
If possible, get a statement from your doctor or a physicist explaining how the accident’s impact caused the wound. Finally, before presenting this evidence to the at-fault party’s insurer, ensure you are working with an Atlanta automobile accident attorney. A lawyer gives you an edge when dealing with insurance providers.
What Is the Average Settlement for a Hip Injury?
Accident victims with severe hip injuries want to know how much they will get as compensation if they file a personal injury claim. This question is valid because they have medical bills and other expenses. Also, taking legal action costs money that they might not have.
There is no fixed compensation amount for a hip injury. This is because no two injuries are identical, people heal differently, and the treatment is not always the same. So, each case is decided on its merits.
Also, several factors affect how much you can get. For instance:
The Injury Severity
Most hip wounds are classified as severe, some more serious than others. As such, while you might recover within weeks, others take months, and some will suffer a permanent disability.
So, a hip injury with a recovery time of six weeks and medical bills between $5,000 and $8,000 might get you a $28,000 settlement. On the other hand, hip wounds requiring surgery and rehabilitation might get you from hundreds of thousands of dollars to a million.
The At-Fault Party’s Insurance Coverage and Resources
Georgia mandates drivers to have insurance coverage worth at least $25,000 for bodily injury. Indeed, $25,000 is a large sum, but it won’t always pay for an accident victim’s losses. Suppose the hip injury victim had surgery and requires life-long rehab. $ 25,000 won’t cut it.
In such a case, the person may request hundreds of thousands of dollars, and a court may grant it. If this happens, the at-fault driver’s insurer will pay the compensation up to the policy limit, while the motorist will complete it out-of-pocket.
However, the latter would only be possible if the driver has the means. If not, recovering full compensation would be impossible, or you might get it in installments.
The Degree of the Victim’s Fault
Although parties to a car accident are classified as victims and at-fault parties, the victim sometimes contributes to the crash. In cases like this, the doctrine of comparative negligence applies. Under the comparative negligence rule, a victim who is partly liable for a collision will receive compensation less than the fault percentage.
So, if you shared 20% fault in the crash, you will get only 80% of the sum awarded. If your liability is 50/50, you will walk away with nothing. Therefore, have a lawyer examine the facts to ensure that you have a solid case.
Are You a Hip Injury Victim? Our Atlanta Automobile Accident Attorney Can Help
Hip injury treatment and other losses from the car accident can leave a dent in your finances. You can recover what you lost by filing a personal injury claim. Our legal team at The Weinstein Firm can help you get maximum compensation.
We offer compassionate representation and will ensure you do not get anything less than you deserve. Book a free consultation with our personal injury attorneys in Atlanta, Georgia, today.