Thunder Bay Broken Hips And Pelvis Lawyer
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No broken bone is a minor injury, but a broken hip or pelvis is particularly major. These injuries directly impact your mobility, severely affecting the other areas of your life, such as your ability to drive, work, care for your children, or even complete simple household chores.
You may think of broken hips as injuries that only impact the elderly, but these serious injuries can occur in people of any age as a result of an accident. This is particularly true of high impact accidents, such as pedestrians struck by vehicles, though simple falls can result in broken hips under the right circumstances.
A broken pelvis not only indicates damage to the bones but can cause injuries to other organs in the abdomen, as well. The pelvis provides structure, keeping organs in their proper places. When the pelvis is broken, organs in the pelvic region may be compressed or shifted out of their proper place. The blood vessels, nerves, and muscles that run through the pelvic ring are also at risk for being shifted, pinched, or otherwise damaged by the break.
Diagnosing The Break
After a severe fall or accident, you should be checked over by a doctor to determine whether or not you have any injuries. This will begin with a physical exam. Although your doctor will perform x-rays to confirm the details of the break, there are some tell-tale signs that you have experienced a break in your hip or pelvis, including:
- Sharp pain in your groin, hip, or lower back
- Inability to put your full weight on the affected leg
- Swelling
- Bruising or tenderness in the area
- Numbness or tingling in your legs or groin
Due to the potential for the involvement of organs and nerves in the damage, it is not unusual for your doctor to order a CT scan as well. This scan will give your doctor a clearer image of the break, as well as of any associated injuries.
In some cases, you may not notice any symptoms immediately after the accident, either due to your body’s production of adrenaline or the break being relatively minor. This does not mean that your broken hip or pelvis was not caused by the accident.
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Repair And Treatment
Although hip and pelvic breaks impact the same region of the body, treatment varies widely. The one common factor is restricted mobility. This allows your bone the rest needed to properly heal. However, remaining immobile for extended periods of time can also put you at risk for further complications, such as blood clots, bedsores, urinary tract infections, and pneumonia.
A broken hip will typically require surgery. Depending on the precise location and severity of the break, your doctor will use some combination of pins, screws, and plates to hold the bone in place.
Pelvic breaks, on the other hand, do not always require surgery. If the pelvis break is a simple one and the bones still line up properly, then treatment is likely to involve reducing or eliminating weight-bearing activities on the affected leg using crutches or a wheelchair. This allows the bone time to heal and regrow. More complex breaks or breaks in which the bone has also become dislocated or misaligned from the rest of the pelvis will require surgery. Depending on your specific case, your doctor may opt to use devices such as pins to hold the bones in place internally or to use removable, external supports to keep your pelvis aligned as it heals.
Covering Your Costs
You may be able to recover your expenses from the at-fault party’s insurance company through a simple insurance claim. However, remember that insurance companies are out to protect their bottom line, so they will offer you less than you need and deserve. If you cannot come to an agreement with the insurance company, then you will need to file a personal injury lawsuit. Subject to the discoverability principle, there is a two-year time limit in which to file your suit in Ontario, which begins from the date of the injury. Your lawyer will help you to calculate the amount in damages you should seek by adding together expenses such as:
- Lost wages
- Lost future earning capacity
- Medical expenses
- Future medical expenses
- Pain and suffering
Recovering compensation for your expenses requires that you be able to prove that the damages you are seeking were the direct result of the accident. The insurance company’s legal team will be looking for any evidence that your injuries might have existed prior to the accident or been caused by some other event. In broken hip and broken pelvis cases, opposing lawyers may request medical records to look for evidence of osteoporosis. Osteoporosis is a common underlying cause of these fractures, so do not be surprised to find yourself defending against claims that you have a pre-existing condition which is responsible for your injury, rather than the accident.
You will also need to show that the person you claim was at fault caused the accident. This may also mean proving that your actions did not primarily cause the accident. It is possible to be found partially at fault and still recover some damages, though. The defendant may claim contributory negligence, meaning that your actions aided in causing the accident. If the court agrees, the amount you can recover will be reduced by your degree of fault.
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personal injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.
Got more questions?
If you have more questions or need legal help regarding personal injury claims, contact our legal team for help.
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