Posted February 5, 2016 | Personal Injury
Disclaimer: The dollar amounts referenced in this article are based on past results and should not be interpreted to suggest or imply that other cases will have comparable outcomes. Ultimately, the value of your case will be determined by a settlement or fact finder such as a jury. Because the circumstances surrounding each injury are unique, each case should be evaluated on an individual basis by a personal injury lawyer.
Slip and fall accidents, car accidents, and defective medical products are all common causes of hip injuries, which can take away the victim’s ability to walk, squat, kneel, and sit for extended periods of time. As such, hip injury victims usually need to take time off of work, and may even need to go on permanent disability. Then, at the same time an injury victim is adjusting to these huge losses in income, he or she also has to deal with enormous medical bills: perhaps as high as $45,559.94, which Blue Cross Blue Shield reports is the typical maximum cost of a total hip replacement in Philadelphia markets. Between medical expenses and reduced income, the victim of a damaged or broken hip can suffer major financial hardship. However, by filing a claim or lawsuit against the person who was at fault for the slip and fall injury, the victim may be able to recover compensation.
The short answer to this question is no. As for the long answer, let’s start with settlements.
In a settlement, the injury victim and defendant – often, the defendant’s insurance company – work together in an attempt to negotiate a sum that’s acceptable to both parties, rather than relying on the court to impose a ruling from the outside. If negotiations are successful, the matter is resolved and it is no longer necessary to go to trial. However, if the plaintiff and defendant cannot agree on a sum, then the case must be taken to court for resolution. (It’s very unusual for this to occur, with the vast majority of claims – anywhere from about 90% to 96%– resolving through a settlement agreement instead of a trial.)
Unlike a settlement, a verdict is not controlled by the plaintiff or the defendant. While the plaintiff is free to seek any amount of damages, the jury is not beholden to this amount. The jury will consider a long list of factors when deciding what amount is appropriate, including:
Many people feel nervous about the prospect of going to trial, but before you jump to accept a settlement offer, it’s important to speak to a personal injury lawyer about your situation. It’s very common for defendants to make early settlement offers which later turn out to be far lower than the amount which was awarded by the jury (or indeed, the amount necessary to adequately cover the victim’s expenses).
To quickly reiterate the disclaimer posted above, the following figures are not a guarantee that your case will have a similar outcome. Because of the many factors go into the calculation of damages, every case inevitably yields a different outcome. With that in mind, here are some real-world examples which show the range of actual settlements and verdicts recovered by hip injury victims in Pennsylvania:
If you broke your hip in a car accident or slip and fall accident, or suffered injuries caused by a defective hip replacement, call personal injury attorney Brent Wieand at (888) 789-3161 for a free and confidential legal consultation. Brent represents injury victims throughout Pennsylvania and New Jersey.
***Disclaimer: This article is for informational purposes. It is not legal advice and should not be used as legal advice.***