Hip injuries are some of the most painful and severe injuries you can sustain in an accident. They impede mobility, and even simple actions like sleeping can become impossible.
Hip fractures typically require surgical intervention, followed by a significant recovery period. If someone’s negligence caused your broken hip, you have the right to bring legal action against the responsible parties.
Contact a personal injury lawyer at Flores, Tawney, & Acosta P.C. to discuss your potential hip fracture settlement.
What Is the Average Settlement for a Broken Hip?
There’s no average compensation for a hip injury. Every case is unique, and your hip injury payout will differ from someone else’s settlement or jury award. Several key factors impact your potential case value.
Rather than researching potential average settlement amounts, please discuss the specifics of your case and its value with our legal team.
Factors That Impact Hip Injury Compensation Amounts
To better understand how an attorney would calculate the case value for your hip injury, here’s a look at the factors that can impact your compensation.
Severity of Injury
The severity of your hip injury impacts your case value. The more serious your injury is, the higher the potential value. However, sometimes similar injuries can be worth different amounts. For example, two plaintiffs with hip fractures can have completely different outcomes. Imagine one plaintiff underwent hip surgery with no complications. Now imagine the other plaintiff developed permanent nerve problems after surgery. In this situation, the second plaintiff’s case is likely worth more due to the surgical complications.
Liability plays a crucial role in determining how much a hip fracture settlement might be worth. In Texas, you can collect a portion of your damages, even if you’re partially at fault for your injury. However, you cannot be more than 50% at fault, or the law bars you from recovering any money. This is called modified comparative liability. This law differs from some other states, including New Mexico. New Mexico has pure comparative negligence, which allows you to collect compensation even when you are more than 50% responsible.
If you are 25% at fault, you will receive 75% of your damages in Texas or New Mexico. What happens if you’re 60% at fault? In Texas, you would receive nothing. But, in New Mexico, you would receive 40% of your damages.
Available Insurance Coverage
The amount of available insurance coverage can also impact your settlement. For example, imagine you have $500,000 in damages, but the defendant only has a $100,000 liability coverage. Your settlement amount will be limited by the available insurance policy limits unless you sue the defendant directly.
Your total damages also impact the potential value of your case. Damages refer to losses you’ve suffered because of your injury. Possible damages that you can recover for in a hip fracture settlement include:
- Medical expenses to date,
- Future medical expenses,
- Loss of earnings,
- Future loss of earning capacity,
- Property damage,
- Pain and suffering,
- Mental anguish, and
- Loss of consortium.
The more damages you have, the more your case could be worth. However, the money you spend on your medical treatment and recovery must be reasonable and necessary. The defendant’s insurance company won’t consider unnecessary or unrelated treatments or services when calculating a settlement.
Statute of Limitations
Hip injuries can take a significantly long time to heal. You must be mindful of legal deadlines, or you could lose your right to recovery. The law requires that you file a lawsuit before a specific date, which is called the statute of limitations.
Should you miss the filing deadline, the court will dismiss your case. That means you’ll be barred from financial recovery, even if you were in the middle of settlement negotiations.
In Texas, you typically only have two years from the accident date to file a lawsuit. In New Mexico, you have three years from the accident date. There may be some exceptions to these deadlines, which could mean a smaller or larger window to file.
That’s one reason to hire an experienced personal injury lawyer—your attorney will know what the deadlines are and can determine if any exceptions apply.
Contact Flores, Tawney, & Acosta, P.C.
If you have questions about your potential hip fracture settlement, speak with a personal injury lawyer at Flores, Tawney, & Acosta, P.C. If someone’s negligence caused your fractured hip, we can help you pursue the compensation you deserve.
Building a strong case is vital to helping you fight for all the compensation you’re eligible to receive.
Our lawyers have the skills and expertise to assist you, whether the accident occurred in New Mexico or Texas. Contact our office today to schedule an initial consultation.