A hip fracture can be a serious injury that not only causes intense pain but may interfere with your mobility. Injured victims often face many expenses, and an attorney can help them secure fair financial compensation.
A good settlement for a hip fracture should reflect your economic costs in addition to painful personal experiences. For some, damages related to a hip fracture will continue to rack up long after their legal case is over. As such, we may need to calculate and account for future damages. Factors including your ability to work, walk, and enjoy your life may be major considerations in your settlement.
Contact our Albany, NY personal injury attorneys at Basch, Keegan & Spada to request a free, private case review by calling (845) 303-2748.
What Makes a Good Settlement for a Hip Fracture Injury?
What makes a good settlement is hard to say, because it looks different in each case. Your settlement may need to be quite large to be considered good enough, depending on your injuries and circumstances. To determine what a good settlement for you looks like, we must examine the facts of your case and the costs you have incurred thus far.
What Damages Should a New York Hip Fracture Settlement Account For?
When seeking a settlement for a hip fracture, we must fully understand the damages available in your case.
Medical Expenses
A hip fracture is a serious injury and can be complicated to treat. Other fractures may be treated with a cast, but a hip fracture is often more complex. You may need surgery, pain medication, and physical therapy to fully recover, if a full recovery is even possible. As such, your medical costs are likely high and should be included in a settlement.
Lost Wages
Many injured victims find it impossible to continue working through the intense pain of the injury. Others cannot work even if they want to because the injury makes mobility much more difficult. If you cannot work, the income you lose should be accounted for in your settlement.
Pain and Suffering
As mentioned, hip fracture injuries can be incredibly painful. The intense physical pain may last for a long time, which can take a toll on your mental health as well. The physical and mental pain and suffering you endure should be factored into a good settlement.
Accounting for Future Damages From a Hip Fracture
We may need to assess your reasonably expected future damages when we negotiate a hip fracture settlement.
Future Medical Bills
You may need medical treatment long after your case is over. If that is the case, our New York personal injury lawyers must make sure that a settlement for your hip fracture injury includes reasonably expected future medical costs. We can speak with your doctors to determine what future care you will likely need.
Future Lost Wages
You might also be unable to work long after you accept a final settlement. Your settlement should include damages for future lost earnings. For some, this might mean years or even a lifetime of lost income. We should also account for reasonably expected pay increases or promotions you would have received if not for the hip fracture.
How We Can Use Your Medical Records to Negotiate a Hip Fracture Settlement
We need medical records about your injuries to establish the extent and severity of the injuries, what kind of medical care you received, and the costs of medical care. We may also require expert testimony from medical professionals who can review your records and explain your injuries. If we do not have your medical records, there may be serious doubt about your injuries.
How to Begin Settlement Negotiations
The defendant may approach you with an initial offer, or we may approach the defendant first. Once negotiations begin, we may go back and forth with the defendant about the value of the settlement before we reach an agreement. In some cases, it can take a few short weeks to settle. In other cases, negotiations might drag on for months or longer.
How Long it Takes to Negotiate a Hip Fracture Settlement
The time it takes to fully negotiate a settlement depends on the circumstances of each case. It can take time, and many settlements take a few months, although some may be faster or slower.
Never accept a first offer. Settlements should not be that quick unless it is clear from the start that the defendant is liable and eager to avoid a trial.
Who Pays for a Hip Fracture Settlement in New York?
Usually, the defendant’s insurance pays for a settlement. However, when settlements are especially large, insurance limits may be exhausted, and defendants may have to pay some of the settlement out of pocket.
What if a Defendant Cannot Afford to Pay a Good Settlement?
Defendants sometimes claim they cannot pay, delay payment, or outright refuse to pay a settlement after agreeing to it. In those cases, we can go after their assets. We may be able to garnish wages, or we may try to place a lien on the defendant’s property.
In some cases, we may need to find alternative defendants who bear responsibility for the accident and can afford to pay a settlement.
How to Prepare for Settlement Negotiations for a Hip Fracture
We must have evidence ready before we start negotiations. Settlement negotiations are not the time to start investigating for evidence. We must also have an accurate understanding of your damages and what they are worth. If we do not fully understand all your damages, we might not know what your claims are truly worth, and you could end up accepting an inadequate settlement.
Can You Undo a Settlement Once You Accept It?
Generally, no. If you later realize your damages are greater than you thought, you cannot renegotiate for more compensation. This is why it is so important to fully understand all your damages, including future damages, before we begin negotiations.
Can You Change Your Mind and Sue After Accepting a Settlement?
No. Once you accept a settlement and the court approves and finalizes it, your case is over. When accepting a settlement, you must waive your right to take the case to trial. You can challenge a settlement only under very limited and specific conditions, such as if the defendant coerced you into the settlement.
Can Settlements Involve More Than Just Money?
Yes. Settlements may include clauses that cover more than just money and payment. Many settlements contain confidentiality requirements. You might be required to keep the settlement amount private. In some cases, plaintiffs must refrain from discussing the incident at all or publicly accusing the defendant of wrongdoing.
If the defendant wants to keep settlement terms private, we may be able to demand more compensation. If they want your silence, we will make them pay for it.
Call Our New York Personal Injury Lawyers for Help with Your Claims
Contact our Poughkeepsie, NY personal injury attorneys at Basch, Keegan & Spada to request a free, private case review by calling (845) 303-2748.