Can A Shattered Femur Increase Case Value?
A shattered femur, medically known as a femoral fracture, is a particularly serious injury in the context of a motorcycle accident. Unlike a simple fracture, a comminuted femur fracture involves the bone breaking into multiple pieces. This complexity significantly increases the severity of the injury, the length of recovery, and the potential for long-term complications. Insurance companies recognize this, and it directly translates to a higher potential settlement value. The degree of displacement, whether it’s open or closed, and the need for internal or external fixation all play a role in determining the extent of damages.
The value of a claim involving a shattered femur isn’t simply about the medical bills incurred. It encompasses a wide range of economic and non-economic damages. Economic damages include all medical expenses – past, present, and future – rehabilitation costs, lost wages, and diminished earning capacity. Non-economic damages, which are more subjective, account for the pain, suffering, emotional distress, and loss of enjoyment of life. A shattered femur often results in significant scarring, permanent limitations, and a profound impact on the victim’s quality of life, all of which contribute to a higher non-economic damage award.
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies attempt to minimize payouts on severe injuries like fractured femurs. Trained by a former insurance defense attorney, I have intimate knowledge of how these companies evaluate claims, devalue injuries, and deny legitimate compensation. They often focus on pre-existing conditions or argue that the injury wasn’t as severe as claimed. This is why having an experienced attorney who understands their tactics is crucial.
How does the type of femur fracture (open vs. closed) affect my claim?
The distinction between an open and closed femur fracture is critical. An open fracture, where the bone pierces the skin, carries a significantly higher risk of infection and complications. This necessitates more extensive treatment, longer hospitalization, and a greater potential for long-term disability. Consequently, claims involving open fractures are typically valued higher than those involving closed fractures. The severity of the soft tissue damage surrounding the break also plays a major role.
The need for multiple surgeries, including potential bone grafts or reconstructive procedures, further increases the value of the claim. Each surgery adds to the medical expenses and recovery time, and the risk of complications with each procedure is a factor insurance companies will consider. Documentation of all surgical interventions, rehabilitation sessions, and ongoing medical care is essential to support a strong claim.
What if I had pre-existing conditions or other injuries in the accident?
Insurance companies will invariably investigate any pre-existing conditions or other injuries sustained in the accident. They may attempt to argue that your current condition is a result of the pre-existing condition, not the motorcycle accident. However, California law allows you to recover damages for the aggravation of a pre-existing condition, even if it wasn’t caused solely by the accident. It’s crucial to establish a clear causal link between the accident and the worsening of your condition.
How long do I have to file a lawsuit for a motorcycle accident with a shattered femur in California?
In California, you have a **two-year** window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim. CCP § 335.1 outlines these time limits, and failing to meet the deadline can result in the loss of your right to recover compensation.
What if the at-fault driver has minimal insurance coverage?
If the at-fault driver has minimal insurance coverage, you may be able to pursue a claim under your own Uninsured Motorist (UM) coverage. Ins. Code § 11580.2 requires insurers to offer UM coverage, which provides compensation when you’re injured by an uninsured driver. The amount of coverage you have will determine the maximum amount you can recover. It’s important to review your own policy and understand the terms of your UM coverage.
How does comparative fault affect my settlement?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Even if a driver argues you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. Civ. Code § 1714 details this system. Insurance companies often attempt to assign a percentage of fault to the motorcyclist to reduce their payout. A thorough investigation and strong legal representation are essential to rebut these claims.
