Hip injuries are relatively common after car accidents and can cause major disruptions in victims’ lives. Pain, reduced range of motion, instability, and other symptoms can prevent you from working, enjoying family time, and doing the things you love.
As with any other type of auto accident injury, there’s really no such thing as a “typical” settlement for hip pain. The value of a case depends on factors such as how seriously you’ve been injured, what your total medical costs are, and how much insurance coverage is available. That said, it’s not unusual for hip injury settlement figures to reach six figures (or more) when there is a severe injury and ample insurance coverage.
At Crosley Law, we frequently represent crash victims with serious hip injuries. These injuries often linger for months or even years, and eventually require surgery to correct. For example, last year, we obtained a $900,000 settlement for a crash victim who needed surgery after a severe labral tear and was still dealing with severely restricted movement (and facing future hip replacement surgery).
Calculating future medical expenses is critically important in cases like these, and the insurance company will likely come to a much different (and much less generous) conclusion about the value of your case. In another example from our case files, we obtained $400,000 for a Rhonda, a woman who needed hip replacement after her car was rear-ended. She came to us after another attorney told her she was unlikely to get much from her claim. But that attorney had failed to consider that hip replacements have a short shelf life, and Rhonda would likely require at least two further hip replacements as she aged.
In this blog, our Texas car accident lawyers will explain factors that can impact the value of your hip injury claim, and how you should respond to an insurance company settlement offer.
Common hip injuries after car accidents
Don’t ignore hip pain, tingling, or other symptoms after a collision. Even if the pain seems dull or minor at first, it could be the first sign of a more serious injury. Early intervention and treatment are the best ways to protect your future health—as well as any financial recovery from a personal injury claim.
Some of the most common hip injuries sustained in car accidents are:
- Hip fracture: Pain often results from a break in the “ball” portion of the hip joint, at the head of the femur (thigh bone). Recovering from a broken hip can be a long and painful process, especially if it isn’t treated right away.
- Hip dislocation: Motor vehicle accidents are a common cause of hip dislocation, which occurs when the ball of the joint is pushed out of its hip socket. A dislocated hip can lead to serious long-term problems, especially if it is severe or not adequately treated within hours of an accident.
- Labral tears: This refers to damage to the labrum, a ring of cartilage that surrounds the hip socket and stabilizes and cushions the joint. Surgical repair may be necessary if conservative treatments fail.
- Hip bursitis: This is inflammation of the fluid-filled pads (also called bursae) that act as cushions to help reduce friction around the bones, muscles, and tendons of your hip joints.
- Tendonitis: This type of injury occurs when tendons that connect muscle to the hip bones are swollen or irritated. This pain often will gradually develop and should not be ignored, especially if the pain returns or has increased.
- Sprains: A sprain can occur when ligaments around your hip are stretched or torn. Over time, this can cause you to lose muscle strength and flexibility.
- Acetabular fractures: These are fractures that develop within the hip socket itself. Pain is typically felt in the hip or groin and worsens with movement. Most acetabular fractures require surgery—either a reconstruction of the joint or a total hip replacement.
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How much is my hip injury case worth?
The goal of any personal injury settlement is to make the injury victim “whole” after what’s been taken from them. At the most basic level, that means you can seek compensation for:
- Economic damages (medical bills, lost wages, etc.)
- Non-economic damages (pain and suffering, emotional trauma, loss of quality of life, etc.)
However, arriving at a mutually agreeable settlement value is easier said than done, particularly in big cases. Here are some of the most critical factors that influence settlement amounts:
Past medical bills
You’re entitled to compensation for the cost of medical treatment you receive as a result of your hip injury.
While minor soft tissue injuries of the hip might be treatable with conservative measures like steroid injections or physical therapy, most severe hip injuries (like a fractured hip or labral tear) will probably require a more aggressive approach.
It’s extremely important that you wait until you reach maximum medical improvement and get a clear picture from your medical team about what procedures you’re likely to need in the future. You don’t want to settle your hip injury case with the insurance company only to find out later that you’ll need an expensive surgery you hadn’t accounted for.
Future medical treatment
Even if your initial treatment or surgery is successful, hip injuries frequently have long-term medical and health consequences. For example, your risk of developing post-traumatic arthritis or requiring a future hip replacement surgery increases if you’ve had a previous hip injury.
If your injury was severe enough, you may end up needling multiple follow-up surgeries throughout your life. Artificial hips only last so long—about 18 years on average before revision surgery needs to be performed. And a typical revision only lasts about 12 years.
At Crosley Law, we’ve seen this scenario many times. We retain medical experts called life care planners who can help us accurately forecast the future medical needs and costs of our clients. A good lawyer must develop this evidence as part of the damages model.
Past and future lost wages
If your hip injury prevents you from working, you can claim compensation for loss of or reduction in income.
Calculating lost wages isn’t always as straightforward as multiplying your weekly take-home pay by the number of weeks you can’t work. Consider this scenario: You’re able to return to work after a period, but due to the lingering effects of your injury your wage-earning potential has been lowered. For example, you have to switch careers, work fewer hours, or won’t be on track for expected promotions.
In a case like this, you can claim the difference between your expected career earning both before and after injury—if you can back up your calculations with solid evidence.
Impact on quality of life
Hip injuries cost victims more than the sticker price of their medical expenses, car repairs, and lost income. There are non-economic losses, too.
For example, let’s say you used to enjoy going on hiking trips with your spouse and children, but your daily hip pain prevents you from any activity more strenuous than a quick walk around the block.
Daily pain, emotional trauma and stress, depression, and other physical, mental, and emotional consequences should be adequately addressed in your settlement demands. These are often referred to by terms such as pain and suffering, pecuniary damages, or general damages.
Due to their nature, though, these damages can be hard to quantify. They are often calculated by taking the total economic damages (medical bills and lost wages) and multiplying them by a factor between 1 and 5. (The more severe and longer lasting your injuries, the higher the factor used). However, there is usually significant disagreement between the crash victim and the insurance company.
Amount of insurance coverage
Insurance companies are only on the hook to pay up to the limits of the policy. While you certainly can sue the at-fault driver directly for additional damages, they might have few or no assets to pay you.
In Texas, the other driver could legally have as little as $30,000 per person (and $60,000 per accident) in personal injury coverage. It goes without saying that this won’t be close to enough to cover just the medical bills for a severe hip injury.
A good personal injury attorney can help you identify all potentially liable parties and sources of insurance coverage. But the best thing you can do is make sure you have a significant amount of uninsured and underinsured motorist coverage (UM/UIM) as part of your own auto policy.
Think of it this way: if you’re hurt in a car wreck, do you want to leave it up to the person who hit you to determine whether you get paid for your losses? Or would you rather make sure that the coverage is there for you by purchasing it yourself?
Clear liability
Is it super clear that the other driver was at fault, or is there some gray area about what really happened?
It’s possible for more than one person to be negligent in a car crash, even if blame isn’t split equally. For example, imagine a scenario where you’re hit at an intersection by a driver who blew through a stop sign. They might be mostly to blame, but perhaps you also could have avoided the accident if you had confirmed the coast was clear before proceeding through the intersection.
If your case goes to trial, a jury might say you were 10% at fault, while the other driver was 90% at fault. Your damage claim would then be reduced by 10%.
Insurance companies will factor this in when making settlement offers. If there’s no question their insured is 100% to blame, they will offer more to settle. If they believe a jury is likely to assign some of the blame to you, they’re going to offer less.
Aggravating facts
This one is about jury psychology.
In theory, it shouldn’t matter to your financial recovery whether you were hit by a reckless joyrider who lied about the crash or by an ordinarily careful person who made an isolated mistake. Either way, it wasn’t your fault. Either way, your injuries and damages are the same.
But in the real world, when cases go to trial, juries tend to adjust the damages they award based on how they feel about the plaintiff and the defendant. If there are “aggravating facts” that are upsetting to them—for example, the at-fault driver lied during testimony, or acted especially recklessly, or has a history of traffic citations—they are likely to award more in damages.
Insurance companies understand that the likability (or unlikability) of their insured can have a huge impact on a jury award. If there are aggravating facts, they are incentivized to make better settlement offers to avoid the possibility of a huge loss at trial.
Tips to maximize your settlement after a hip injury
Seek medical attention as soon as possible
Don’t ignore “minor” aches even if you feel like you can power through them. Don’t wait a week or longer to see if the pain goes away on its own. See a doctor as soon as you can if you feel any hip pain or other symptoms.
The thing to understand here is that your injury and symptoms need to be documented with medical records or the insurance company won’t consider them. If you wait to seek help or ignore your doctor’s orders, the insurer is more likely to question the legitimacy or severity of your injuries.
Go early and go often. Keep following up with your doctor even if symptoms haven’t changed. It may feel frustrating in the moment, but it also makes your hip injuries harder for the insurance company to dismiss.
Contact a personal injury lawyer as soon as possible
The sooner you contact a lawyer, the more likely they can help—and the less likely you’ll make critical mistakes that could cost your case. Consider that:
- Evidence tends to disappear fast after a motor vehicle crash. If you don’t preserve and collect it in time, it could be gone for good.
- Insurance company adjusters don’t have your best interests at heart. An innocent misunderstanding or misstatement to an adjuster might be all the insurer needs to dispute your claim. Mistakes like giving a recorded statement or providing the insurer with unrestricted access to your medical records could be extremely costly. Your attorney can advise you and handle negotiations on your behalf.
- An experienced attorney will have connections to local health care providers and other support services that can get you the care you need, when you need it.
Don’t accept a bad offer
The first settlement offer the insurance company makes is almost always a lowball.
Their goal is to save money, and they know you’re probably feeling overwhelmed and financially insecure. The initial offer usually represents the lowest amount they think you might take, rather than what your case is actually worth.
As tempting as it might be to just sign the check and put it behind you, remember that there are no “do-overs” once you settle. Taking a bad deal is just setting yourself up for long-term financial pain.
The adjuster might try to convince you that you don’t need a lawyer, or their current offer is the “best possible” and you only have a limited time. Don’t take the bait. Talk to a lawyer first. You will be in a far better position once you get objective advice from an expert who has your best interests at heart.
RELATED POST: How to get more money from a car accident settlement | Crosley Law
Car Crash? Call Crosley
If you’ve injured your hip in a car wreck that wasn’t your fault, call Crosley Law today. Our experienced car accident lawyers can help you obtain the evidence you need to get the fair compensation you deserve. Request your free case review by calling (210) 796-4083 or completing our simple contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
