A fractured femur is one of the most serious injuries you can sustain in a car accident. This devastating injury can disrupt your ability to work and care for yourself, your long-term mobility and independence. The road to recovery is also often long, painful and expensive.
If you have suffered a femur fracture due to someone else’s negligence in Ohio, you have a right to seek compensation that addresses your immediate needs and continuing challenges. Understanding the legal process and laws behind a personal injury claim is essential to securing the financial recovery you need to rebuild your life.
Immediate steps to keep in mind
Seeking immediate medical care after fracturing your femur in an accident is critical. You may need surgical intervention to address your symptoms.
Going to the hospital right away can also document your injury, which can help link it directly to the accident while preventing insurers from raising a pre-existing condition defense. Preserving the Ohio traffic crash report (form OH-1) can also serve as key evidence when negotiating your recovery amount.
Key legal rules for Ohio accident victims
In Ohio, you have a two-year window from the accident date to file a lawsuit. It is important to act quickly so you can prepare your claim before the deadline runs out.
The state also follows a modified comparative negligence rule, where you can recover damages if you are 50% or less at fault. However, your compensation is reduced by your share of fault.
Managing Ohio’s minimum liability 25/50/25 insurance requirements can also be challenging. If your damages exceed the at-fault driver’s policy limits, you may be able to file an Uninsured/Underinsured Motorist (UM/UIM) claim for additional compensation.
Calculating the true value of your claim
A fractured femur can often take months to a year to fully heal and may require extensive rehabilitative care. When determining your claim’s value, it is important to consider your tangible expenses that result from your injury, including:
- Medical care
- Mobility aids
- Long-term rehabilitation
- Lost wages
- Loss of future earning capacity
Additionally, you may also recover noneconomic damages from the physical and mental anguish of the recovery process, such as:
- Pain and suffering
- Permanent impairment or loss of use of the limb
- Loss of consortium
Finding the full extent of your losses can help ensure you have a holistic recovery after a car accident.
Moving forward after tragedy
In Ohio, the goal is to be made whole again through fair and just compensation. Getting a fractured femur after a car crash involves a lengthy recovery period that deserves proper support. A personal injury lawyer can help advocate for you when dealing with insurers on your behalf.