If someone’s negligence in Florida caused your fractured hip, you may want to know how much your case is worth.
Here, I’ll talk about hip injury and fracture settlements. These include settlement amounts for pelvic fractures from car accidents and other incidents.
Also, we’ll also discuss fair compensation amounts for acetabular fractures. An acetabular fracture is a break in the socket portion of the of the “ball-and-socket” hip joint.
In the image below, you can see the acetabulum:
We’ll look at the average settlement for a broken femur. You can see the top of the femur in the above image.
The first thing to look at is whether there is any liability insurance that may pay for your damages. If there is no liability insurance, you may be out of luck.
This is true unless you are dealing with a large company that is self insured (such as Publix, Walgreens, Walmart, etc.).
When trying to estimate the value of your hip fracture case, there are several pieces of the puzzle. The piece that most people do not know is the value of the pain and suffering.
In Florida, you may the right to get damages for pain and suffering and economic damages (e.g. medical bills, lost wages, etc.) if you are injured in an accident caused by someone else. Over 39 factors can affect the value of your Florida injury case.
One of which is your fault – if any – in the accident. So, if you are 50% at fault because you did not cross the street in the crosswalk, your total damages will be reduced by 50%.
Some of this article does not apply if you only have a Florida workers compensation claim. However, this article does apply to your personal injury case if you are hurt while working and you also have a personal injury claim.
There is no guarantee that you get any money for your case because many factors affect settlement value.
Hip Fracture Values
In Florida, I believe the starting point in terms of full value of pain and suffering component a hip fracture without surgery is between $50,000- $75,000. This is the amount that I use in my Florida injury and car accident settlement calculator, but please do not rely on a settlement calculator for a Florida injury case.
The lower end ($50,000) of the range represents a very good healing and little, if any, resultant disability. The higher end ($75,000) of the range represents a poorer recovery and longer treatment. If you have a really bad hip fracture, the value can easily exceed the $75,000 mentioned here.
Hip Surgery Values in Accident Cases
If you have surgery (ORIF) on your hip, the starting point for the “full value” of pain and suffering component is higher than without surgery.
Why?
Because surgery increases the full value of an injury case.
For a typical hip fracture with internal fixation, the range for the pain and suffering component may be between $200,000 and $700,000 in Miami-Dade County.
The upper end of the pain and suffering component is $700,000 which may happen if you get an excellent insurance company when it comes to paying fair value for personal injury claims. In Broward County, Florida it likely that the low end of the settlement value for pain and suffering may be less than $250,000.
Please keep in mind that the $200,000 to $700,000 amount that I have referenced for the pain and suffering component of the claim does not apply if the injured person needs one or more future hip replacements.
ORIF is the insertion of metal plates and screws. As you can see the range for the value of a hip fracture with surgery is quite larger than a hip fracture without surgery. The lower end ($200,000) of the range represents a very good healing and little, if any, resultant disability.
The higher end ($700,000) of the range represents a poor recovery and longer treatment. If you have a really nasty hip fracture, or you are left with severe limitations, the value of pain and suffering can exceed the upper end ($700,000) of the range.
There is no guarantee that you will get these amounts, as there are many factors that affect each case.
Settlement for Lady Who Fractured Hip from Trip and Fall at Apartment Building (Miami Beach)
A lady was walking in the courtyard of a friend’s apartment complex in Miami Beach, Florida. She tripped on an unmarked curb. She fell. Paramedics took her to the hospital.
There, she was diagnosed with a fractured her hip.
Doctors inserted a rod inserted into her femur to repair her intertrochanteric hip fracture. The image of the CT scan at the top of this article shows the rod in her hip and upper leg bone (femur) after the surgery.
She hired me as her Miami injury lawyer.
We sued the apartment complex. Due to a confidential settlement, I cannot discuss the outcome of the case.
$50K Settlement With GEICO for Hip Fracture (Miami Car Accident)
A young driver lost control of his car while driving on I-95. He crashed into the guardrail.
He claimed that he was cut off by another car that left the scene. My client received a ticket.
He suffered a hip fracture. An ambulance took him to the hospital.
Doctors performed surgery on him. Specifically, they put hardware put inside his hip.
He hired me to represent him.
He lived with his mother at the time of the accident. Fortunately, GEICO insured his mom with $10,000 worth of stacking uninsured motorist (“UM”) coverage. on her cars. Better yet, she had five vehicles under the policy.
Thus, there was $50,000 in uninsured motorist insurance. I arrive at this amount by multiplying the $10,000 limit times five cars.
The good news?
We settled for the $50,000 uninsured motorist insurance policy limits. This was the maximum that GEICO had to pay us. This is one of my many GEICO car accident settlements.
$33K Settlement for Hip Socket Fracture from Car Accident (Near Daytona Beach)
On July 30, 2018, Shankeva was a passenger in her boyfriend’s car in Holly Hill, Florida.
Another driver (vehicle 1) hit another car (vehicle 2) head-on. Vehicle 2 then struck the car that Shankeva was in.
You can see a photo of paramedics taking Shankeva out of the car.
Shankeva suffered an acetabular fracture. An acetabular fracture is a break in the socket portion of the “ball-and-socket” hip joint.
She did not need surgery. However, her fracture had a big impact on her activities of daily living. She had several young kids that she needed to take care of.
Yet, even the simplest of tasks (like showering) become impossible without assistance. She needed help tying her shoes.
And of course, she was in pain.
Within days of the accident, Shankeva was looking for a lawyer who had experience with acetabular fracture cases. She lived in Daytona Beach. She called my office. We spoke. Shortly thereafter, she hired me.
My office is in Coral Gables, Miami-Dade County, Florida. This is about four hours from Daytona Beach. However, I handle and have settled cases throughout Florida.
It’s important that the at fault driver’s insurance company understands how an acetabular fracture (or hip fracture) has affected your life. The injured person should also tell the doctor how the accident has affected his or her life. This is where the major value is in these hip injury cases.
Within 30 days of the accident, State Farm paid us Shankeva’s boyfriend’s $25,000 uninsured motorist insurance limit.
Windhaven insured the at fault driver. We attended pre-suit mediation (meeting) with the attorney for the at fault driver’s insurance company. Two of the other victims’ attorneys also attended the mediation.
I let Windhaven’s lawyer (and the other attorneys) know how Shankeva’s acetabular fracture had affected her life. In fact, I spent more time (than any of the other victims’ attorneys) speaking about how her injury affected her life.
In short, I got to know my client (and how her hip injury affected her). We did this through several phone calls and emails. I would’ve met with her in person. However, she didn’t request this. I am willing to meet every client in person.
The at fault driver’s BIL insurer (Windhaven) paid us $8,000. Windhaven paid her boyfriend $2,000. The most that either Shankeva or her boyfriend could get from Windhaven combined was $10,000.
Another driver was killed in the crash. That driver’s family got the remaining $10,000.
Therefore, I got Shankeva a $33,000 personal injury settlement. Fortunately, she is doing well now. This is one of my many injury settlements.
Hip Replacement Settlement Amount Values
In a Florida injury claim, for a middle-aged person (fifty years old or so), if the need for a hip replacement was only caused by an “accident”, we use $300,000 to $400,000 as a starting point for the full value of the case (including medical bills).
If you are overweight and have had pre-existing degenerative joint problems in the hip for a long time before the incident, and there was no fracture or other major injury to your hip from this incident, then you will need to discount the full value of the case by difficulty with proving causation.
Keep in mind that the settlement ranges above are in addition to your damages for out-of-pocket medical bills and lost wages, but they do not take into account the many factors that affect the settlement value of a personal injury claim.
Let’s look at some past actual personal injury cases.
$64 Million Awarded for Hip and Pelvis Fracture (and Many Other Injuries)
This is not my case. In September 2009, Robert Matthews was injured when he was installing a modular building. It fell on him.
According to his Tampa attorney, he fracture his pelvis and hip. Additionally, he severed an artery in his right leg. He had many other injuries that left him permanent disabled after dozens of surgeries.
His hospital stay was for three months. That is a very long hospital stay!
This isn’t your typical hip fracture. His lawyers said that he was almost cut in half.
In June 2014, Matthews attorney offered to settle with Semco for $6 million. Semco rejected the settlement offer.
His attorney sued Semco Construction, Inc. and other parties. At the time of trial Semco was the only remaining defendant. Mosaic and Williams Scotsman both settled with Matthews.
On March 27, 2015, a Hillsborough County jury found Semco 15% liable for the accident.
The jury awarded Matthews $64 million. As with most personal injury cases, most of the verdict was for pain and suffering.
The jury awarded him $40 million in future pain and suffering. They gave him $20 million for past pain and suffering.
The jury awarded him over $4 million in medical expenses. They gave him about $672,000 in lost wages and future loss of earning capacity.
Since Semco was only 15% at fault, it “only” has to pay 15% of the $64 million verdict. Which would still be a whopping $9.6 million!
After the trial, Matthews and Semco settled. Unfortunately, the settlement amount wasn’t disclosed in court records.
Next, Matthews attorney asked the court to keep the case open only for the purposes of deciding how much he had to repay his workers compensation insurer.
Shopper Wins $96,000 in Pain and Suffering for Fractured Hip From Fall at Publix in Miami
This isn’t my case. A jury awarded a woman $96,000 for pain and suffering alone for her fractured hip. I don’t know if this case was appealed.
The shopper tripped over an object (a stocking cart) in a Publix Supermarket in Miami, Florida. The incident happened in 2011.
She had walked into the produce section at Publix Supermarket to remove an item from one of the refrigerators. She tripped and fell over a stock float. The pain and suffering for her hip fracture was broken down as follows: $42,00 past pain and suffering, and $54,000 for future pain and suffering. The verdict was in 2013.
The case is Bass v. Publix Supermarkets.
Trip and Fall on Change of Elevation on Royal Caribbean Cruise Causes Hip Fracture
This isn’t my case. See why a court let a passenger’s expert rely on standards/guidelines to show that a change of elevation on a Royal Caribbean Cruise ship was unreasonable and caused her fall and hip fracture with surgery.
The court decided this on May 15, 2012.
Motorcyclist Wins $4.3 Million for Hip Fractures from Miami Crash
This isn’t my case. A 37-year-old male motorcyclist was awarded $4.3 million for comminuted pelvic fracture and fractures of the acetabulum. As you may imagine, motorcycle accident settlements can be high for hip fractures.
The acetabulum is the socket of the hipbone, into which the head of femur fits.
A comminuted fracture is one where the bone is splintered or crushed into numerous pieces. A comminuted fracture is usually worth more than a simple fracture.
This is because it is usually a more serious injury.
I don’t know if this case was appealed.
Why does this matter?
Sometimes an appeals court can drastically chop a jury verdict down in size.
In this case, the motorcycle rider was in an accident.
He had surgery (open reduction internal fixation) with 3 screws inserted.
His treating orthopedic surgeon said that he will have increased traumatic arthritis of the injured hip.
The man’s treating orthopedic doctor said that because of his young age, he will need multiple hip replacement surgeries in the future. His physiatrist testified that he will need future medical treatment, therapy, pain medications and will have future medical expenses for multiple future surgeries.
Chronic Pain and a Limp Increase Settlement Value
The man’s complaints included chronic pain and disability, and a limp.
How does chronic pain affect a broken hip case?
It greatly increases the full value of the case (for settlement purposes). If you’re left with a limp, that increases the value of your loss of enjoyment of life claim. This is especially true if you were active before the accident.
His doctors said that he may need different types of pain control during his life, such as having a dorsal stimulator inserted into his body. Below is a picture of a spinal cord stimulator.
This case is Clifford vs. Denis. This verdict was in 2009 in Miami-Dade County, Florida.
My thoughts: This verdict shows that surgical hip fracture cases with multiple future surgeries can result in a large verdict such as this one.
Some doctors may believe that a relatively young person may need several future surgeries after they have screws put in their hip.
In this case, the man’s orthopedic doctor testified that he will have worsening arthritis of the injured hip. This isn’t always the case.
I have represented clients, in a hip fracture case or other surgical case, where the orthopedic doctor does not state that the patient will develop worsening traumatic arthritis of the injured hip.
It is my understanding that past and future medical bills were part of this verdict, but no claim for loss of future earnings was made.
Surgery to a Broken Acetabulum (Hip Socket) Increases Settlement Value
Let’s say that you fracture your acetabulum. If you have surgery with plates and screws, it greatly increases the full value of the case.
If you’re in your twenties or so, you have a long life expectancy. Thus, the value of your future pain and suffering can be high. Of course, this is in addition to your pain and suffering up to the settlement date.
What is the the toughest part of an acetabulum fracture (with surgery) case?
Sadly, often times there isn’t enough insurance available to pay for the fair value of the case. This is often true if you’re dealing with a nonstandard insurer like United Automobile Insurance Company or Windhaven.
Even if a company like State Farm insures the at fault driver, don’t expect him or her to have much more than a $25,000 bodily injury liability (BIL) insurance policy.
The same is true if you’re entitled to uninsured motorist (UM) insurance. Unfortunately, most Florida UM policies are for $25,000 and under.
Condo Visitor Wins $550K for Pain and Suffering for Femur Fracture (Slip and Fall)
This isn’t my case. An 89-year-old man fell when visiting a condominium in Hialeah, Florida. He had an intertrochanteric femoral fracture. Doctors operated on him to stabilize the fracture.
He fell on water that had pooled in a tiled walkway that was outside of the condo unit. The condominium association argued that he had a 10 year history of issues with his knee before the accident.
The condo association argued that the problems that he was left with were caused by the injury that he had before this accident.
He said that there were streaks of water that looked like someone mopped the area before he fell. An employee of the condominium complex said that she had mopped and dried the hallway and no one complained of any falls.
They also argued that he stepped off the walkway onto the grass and tripped and fell when he was trying to get back onto the walkway.
Jury Awarded Slip and Fall Victim $120K in Medical Bills
He was also awarded $120,000 for medical expenses. The verdict was in 2000 in Miami-Dade County, Florida.
The condo association appealed. The condo association lost the appeal. Ady’s Condominium Assoc. v. Sanchez, 784 So. 2d 493 – Fla: Dist. Court of Appeals, 3rd Dist. 2001
My thoughts: I said that the victim suffered an intertrochanteric femoral fracture. This is the same as an intertrochanteric “hip” fracture. In a slip and fall case against a condominium complex, you have to prove that the condo complex knew or should have known that water was on the floor before you fell and they failed to dry it before you fell.
In this case it seems that the man was able to do this because he testified that they were streaks of water that looked like someone had mopped the area shortly before the fall.
The jury apparently believed him and felt that the condo complex failed to put up a warning cone or make sure that the area was dry before he fell.
I am not sure whether the jury found that the man who fell was partially at fault for not looking where he was walking. If they did find him at fault, the total award would be reduced by his percentage of fault.
Condo Visitor Wins $525K for Pain and Suffering for 4 Part Hip Fracture
This isn’t my case. A 77-year-old man had a four-part intertrochanteric and subtrochanteric hip fracture requiring open reduction with internal fixation of an intramedullary rod into the femur.
He was in the hospital for 2 weeks after the surgery. He then spent 3 weeks in a rehab facility.
The injured man’s doctor said that he injured his hip and worsened his pre-existing knee injury. There is now a 1/2 an inch difference in the length of his leg which causes him to walk with a Trendelenburg gait because of this incident.
The doctor testified that because of the change in his walking and the other stress on his knee it the knee became unsecure.
The condominium complex argued that he was told 2 years before this accident that he needed a total right knee replacement and the subject fall did not worsen his knee problems.
The accident happened when he tried to grab the handrail and it came loose in a common area of the condominium complex where he lived. He fell when he stepped on the first step.
Witnesses said that they had complained to the property management company for the condo association but they never fixed this issue.
The condo hired a metal expert who said that the condo had no way of knowing before the accident that this handrail was a problem. The jury awarded $525,000 in pain and suffering. I don’t know if the verdict was appealed.
$250,000 of the award was for past pain and suffering and $275,000 was for future pain and suffering.
The verdict was in 2009 in Miami. The case is Schniadoski v. 5660 Collins Ave Condominium.
Jury Awarded Victim $55K (Per Year) for Future Pain and Suffering
Since he was 77 years old at the time of the accident, he was probably expected to live another 5 years or so after the accident. That means that the jury awarded him $55,000 per year for the rest of her life. She was awarded $100,000 per year for past pain and suffering.
He sustained a very bad hip fracture and he received the higher end of the range that I mentioned above. The fact that he spent 2 weeks in the hospital and then 3 weeks in rehab shows that the hip fracture was bad.
Also, hip injuries generally take longer to heal if you are older. Thus, there is more pain and suffering associated with the hip fracture.
The jury may also have been bothered with the condo association for not admitting that they received complaints of the handrail being loose before the accident.
Learn more about Florida condominium accident cases.
$65K Settlement for Fractured Hip (and Hip Replacement) from Fall at Mall
This isn’t my case. In January 1991, Nicholas Baudo slipped and fell in the 163rd Street Mall, fracturing his hip. Baudo’s hip was replaced by Aventura Hospital and Medical Center (“Hospital”).
Afterward he was transferred for convalescence to Bon Secours Hospital/Villa Maria Nursing Center (“Nursing Home”).
Baudo claimed that during his stay at the Hospital and/or Nursing Home, he developed a serious bedsore on the heel of his foot which required additional treatment.
Nicholas and his wife, Angela Baudo, sued the shopping center, First Property Management Corporation, and its management company, Southeast Service Corporation, for the slip and fall injury.
The lawsuit claimed damages for all injuries Nicholas Baudo suffered, including the bedsore. Angela Baudo made a claim for loss of consortium.
The Baudos got a settlement of $50,000 from the shopping center. They settled with its management company for $15,000. Thus, the total settlement against both was for $65,000.
The settlement release with First Property Management said that it specifically doesn’t include any other person, firm, corporation or entity not specifically released.
They then sued the Hospital and Nursing Home for medical malpractice. The hospital and nursing home tried to dismiss the case by arguing that when the Baudos released the mall entities, they released the medical malpractice claims. The Miami-Dade County appeals court agreed with the Baudos.
It let the Baudos’ medical malpractice lawsuit go forward. I don’t know if that case settled.
The case is Baudo v. Bon Secours Hosp./Villa Maria Nursing Ctr., 684 So.2d 211, 213 (Fla. 3d DCA 1996).
$140K Verdict for Pain and Suffering for Hip Surgery from Fall at Department Store
This isn’t my case. A jury awarded $140,000 in Pain and Suffering for a lady who had a hip fracture which required internal fixation (surgery) after she slipped and fell on a substance on the floor in a department store where she was shopping.
She argued that the substance was on the floor for a long time before her fall; therefore the store did not properly maintain its premises. She recovered $32,000 in past medical bills and past lost wages of $32,000.
Examples of How Much a Hip Fracture is Worth?
Example 1 – Hip fracture with surgery (you are not at fault)
You are a pedestrian crossing the street in a crosswalk in Hialeah, Florida – or any city in Florida. A car hits you. You fracture your hip and need surgery. You treat with a doctor for over 1 year and still have pain. Let’s say the value of your pain and suffering is $250,000.
Let’s assume that your out-of-pocket medical bills are $50,000 and your lost wages are $20,000. The total value of your case would be:
Settlement= Out-of-pocket medical bills + Lost Wages + Pain and Suffering
Settlement = $50,000 + $20,000 + 250,000
Settlement= $320,000
Example 2 – Hip fracture (no surgery and you are 50% at fault)
Same facts as example 1 except that you were not in a crosswalk. Let’s assume that you are 50% at fault.
Settlement= (Out-of-pocket medical bills + Lost Wages + Pain and Suffering)/2
Settlement = ($50,000 + $20,000 + 200,000)/2
Settlement= $160,000
So you can see that one factor, such as your fault in the accident, can cut the value of your case in half.
Example 3 – Hip fracture and Femur Fracture Settlement
You slip and fall on a substance on the floor in a Publix Supermarket in Miami-Dade County, Florida. The doctor says you fractured your hip and femur.
He operated on both fractures. You have hardware (plates, rods and/or screws) put in your hip and your femur. Assume you are 50 or so years old.
Assume the substance had one of the following characteristics which may help you prove that Publix should have known that it was on the floor before your fall: footprints, tracks, greasy, grimy, dirty, rotting, smudges, streaks, skid marks.
Most of the time, a supermarket will not offer you 100% of your damages when deciding how much to offer you in a slip and fall accident settlement.
As a starting point for settlement purposes of pain and suffering, I would say that the low-end of the range for “full value” of pain and suffering for the femur fracture with surgery (and hardware) in Miami-Dade County, Florida may be $250,000.
The low-end of the settlement value for the hip fracture is $250,000. So the low end of the full value of the pain and suffering in this case is $500,000.
You next have to factor in your fault in the accident. If you were 90% at fault for not paying attention then you may be entitled to 10% of the $500,000 which would be $100,000.
If you were 40% at fault for not looking where you were walking then you would be entitled to 60% of the $500,000 for pain and suffering.
You are also entitled to a percentage of your medical bills. If you were 90% at fault for not paying attention then you would be entitled to 10% of your medical bills. If you were 40% at fault for not looking where you were walking then you would be entitled to 60% of your medical bills.
Is Someone’s Hip Fracture Case Worth More if They Have Kids?
For settlement purposes, the full value of the personal injury case may be higher. This is because a hip fracture will have a greater effect on someone’s life if they have young children. The same is true if the injured person has an acetabular fracture.
Having a hip fracture can make it hard for you to do simple things like making food for your kids. With an acetabulum or hip fracture, you might not be able to stand long enough to make your kids a meal. Your children may have to help you prepare meals for you and them.
If your kids are very young, they won’t be able to make meals. If you have to hire someone to make meals for your children, you can make a claim against the at fault party for this. An at fault party could be a driver of a car, a store, or someone else.
The at fault party is responsible for the cost of hiring someone to make meals for your children (and you). Of course, if the at fault party isn’t 100% liable, then they don’t have to pay 100% of this cost. The responsible party only has to pay for their percentage of fault.
For example, if the other driver was 40% at fault, he or she only owes you 40% of your damages. Damages include pain, suffering, medical bills and lost wages.
Which Car Insurance Companies Pay the Least For a Hip Fracture?
Progressive is the worst paying major car insurance company. When in comes to neck and back injuries, or herniated discs, they pay terribly. Therefore, I have no reason to think that Progressive would be any better for hip fracture cases.
State Farm and Allstate have a slightly better reputation than Progressive. However, State Farm and Allstate are very cheap. Thus, I think that State Farm and Allstate would lowball a hip fracture settlement.
GEICO and Infinity Insurance currently has a better reputation than the above three companies for paying fair value for hip fractures.
Travelers Insurance Company, USAA and The Hartford all pay more than the above companies for hip fractures.
How Much Will Uber or Lyft Pay You If You Have a Hip Fracture?
One good aspect of Lyft and Uber accident cases is that there is a decent chance that there will be enough insurance to cover a hip fracture. This is particularly true if you’re a passenger in an Uber or Lyft car. And it will likely hold true even if the injured person has surgery to his or her hip fracture.
If an Uber driver is careless and injures someone else while the driver isn’t engaged in a ride in Florida, the injured person’s hip fracture case may settle faster. This is because Uber or Lyft’s insurance limit will be $50,000 per person/$100,000 per accident.
Thus, Lyft or Uber may be more likely to pay the limits. This assumes that the injured person had little or no fault in causing the accident.
If the Uber or Lyft driver is engaged in a ride, it may take longer to get a settlement because the insurance limit is higher.
The bad news with Uber cases?
In Florida, Progressive insures Uber. And I’ve already said that Progressive is terrible.
The bright side on Lyft cases?
York Risk Services Group handles Lyft claims. Zurich American Insurance Company insures Lyft. Zurich is much better and paying fair value than Progressive.
Which Florida orthopedic doctors treat hip injuries?
There are many Florida orthopedic doctors who treat people who have hip fractures. The injured person wants an orthopedic doctor who is a patient advocate.
This means that they will give the claimant a fair shake. The victim does not want to go to a doctor who gets all of his expert work from a liability insurer.
It may be difficult to find a hip surgeon who takes Medicaid. One Miami orthopedic doctor who operates on hips and takes Medicaid is Dr. Fernando Villela Hernandez. He is at the University of Miami Medical Group.
Did someone’s carelessness cause your hip injury in an accident in Florida? Were you hurt while on a cruise or boat? Did you suffer another injury?
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Editor’s Note: This post was originally published in April 2013 and has been completely revamped and updated.