Have You Sustained a Hip Injury in Fort Myers?
Hip injuries can be very serious, resulting in complications that can permanently impair a person’s mobility or even lead to death. Read on for more information about this injury and the process of obtaining compensation from a liable party for a Fort Myers hip injury.
Common Types of Hip Injuries
When one thinks of a hip injury, generally the thought that comes to mind is a hip fracture. Hip fractures are certainly among the most serious hip injuries to experience, particularly for older individuals. According to the National Floor Safety Institute, half of all people over the age of 65 who have sustained a hip fracture will be unable to return home or live independently after the injury. Falls account for 87 percent of all fractures experienced by people in this age group, as bones get weaker with age, while balance and vision begin to decline. Hip fractures pose a high risk of complications that can result in further loss of mobility or even death, such as blood clots in the legs or lungs, bedsores, urinary tract infections, pneumonia, and loss of muscle mass that can cause an individual to become more likely to suffer additional fall injuries in the future.
There are several other types of hip injuries besides fractures, including:
- Hip dislocation: A hip dislocation occurs when the upper portion of the thigh bone, known as the femur, is forced from its usual position within the hip joint.
- Labral tear: The labrum is a ring of soft elastic tissue that covers the socket of the hip can become damaged through repetitive motion or traumatic injury.
- Hip sprains and strains: This type of injury results from the stretching or tearing of the ligaments, muscles, and tendons of the hip area.
- Tendonitis: This condition is marked by inflammation and tenderness in the tendons of the hip, generally from overuse of the joint.
Who Is Responsible for a Hip Injury?
Not all hip injuries result in liability for other people. In order to prove that someone is legally responsible for your injury, the following elements must exist:
- The at-fault party owed you a duty of care. A duty of care is defined as the way that a reasonable person would act in a similar set of circumstances, and generally involves behaving in a safe and legal manner so as to not cause harm to other people.
- There was a breach in the duty of care. The breach is the careless or reckless actions of the at-fault party that are contrary to the duty of care that was owed.
- The breach resulted in the accident, which caused your injury.
What Types of Accidents Result in Hip Injuries?
Hip injuries can result from a number of types of accidents, with perhaps the most common accident being a slip and fall. Slip and fall accidents can occur in the workplace, but are also the most common type of premises liability complaint. Under the substantial umbrella of personal injury law, premises liability cases pertain to the legal responsibility that private and commercial property owners have to ensure that their property is free from dangerous features that could cause injury to guests. Other types of accidents that could result in a hip injury include:
- Motor vehicle accidents, particularly those involving motorcycles, due to the motorcycle lacking a protective steel frame to protect the lower extremities from injury. Hip injuries are also a common injury in pedestrian accidents, as the hip area is in the strike zone for adults who are hit by a lower-profile passenger car.
- Workplace conditions which require an individual to lift heavy objects or to repetitively move their hip joint until it results in injury.
Finding the Best Fort Myers Hip Injury Attorney
An experienced Fort Myers hip injury attorney can provide valuable services that can help increase the likelihood of a positive outcome in your case. Some of those services include:
- Guidance as to the legal options for compensation that are available in your case. Some hip injury cases require a worker’s compensation claim while others may involve the personal injury lawsuit claims process.
- Determination of all sources of liability and all insurance resources that can be used to compensate you. Nearly all personal injury settlements and awards are paid through insurance policies.
- Timely filing of all court or claims required paperwork in the proper jurisdiction. Personal injury cases generally must be filed in civil court within four years of the date of the accident. In some cases, there are exceptions to this statute of limitations. Your attorney will advise you if there is a different deadline in your case.
- Gathering and organizing evidence and witness testimony that can be used to help prove your case.
- Skilled negotiation with the at-fault party’s insurance provider in order to obtain a fair settlement offer on your behalf.
- Guidance as to the pros and cons of accepting an offered settlement.
- Litigation, including the delivery of opening and closing statements, presenting evidence, and examining witnesses.
- Assistance in collecting your settlement or award.