How Orthopedic Hardware After an Accident Affects Your Claim

Severe injuries often require surgery, and for many accident victims, that means orthopedic hardware—plates, screws, rods, or artificial joints. These devices can restore stability and mobility, but they also change how an injury is evaluated in a personal injury claim.

When metal hardware becomes part of your recovery, it affects both your medical treatment timeline and the financial value of your case.

Understanding Orthopedic Hardware

Orthopedic hardware refers to medical implants used to repair or replace damaged bones, joints, or connective tissue. Common examples include:

• Plates and screws used to stabilize fractures
• Rods inserted into long bones to support healing
• Pins or wires used to align smaller fractures
• Joint replacements, such as hips, knees, or shoulders

These devices can be temporary or permanent. Their placement usually follows a traumatic fracture or joint injury, often caused by car accidents, slip-and-fall incidents, or workplace accidents.

How Orthopedic Hardware Affects Injury Claims

When surgery and hardware are required, insurers and courts view the injury as more serious. Several factors come into play:

1. Permanency of the injury: Hardware often indicates a long-term or permanent impairment.
2. Medical complexity: Surgery, hospitalization, and physical therapy show extensive medical intervention.
3. Pain and suffering: Recovery from surgery and adjustment to hardware can significantly increase non-economic damages.
4. Future medical needs: Many patients require additional procedures to remove or replace hardware, increasing future costs.

For example, research published in The Journal of Orthopaedic Trauma found that more than 10% of fracture patients require secondary surgery to remove or revise hardware within three years. That likelihood must be factored into any settlement.

Medical Documentation Is Critical

Every stage of treatment should be documented in detail, including:

• Imaging results (X-rays, CT scans, or MRIs)
• Surgical notes describing the type and placement of hardware
• Post-operative instructions and physical therapy records
• Follow-up evaluations showing healing progress

Insurers rely heavily on medical records to assess claims. Incomplete or inconsistent documentation can lead to reduced settlements. Our firm works closely with treating physicians to ensure records fully describe the scope of injury and recovery.

Complications and Long-Term Impacts

Orthopedic hardware can lead to complications that extend far beyond initial recovery. Common long-term issues include:

• Chronic pain or stiffness near the implant site
• Reduced range of motion or loss of strength
• Hardware loosening or failure
• Increased susceptibility to arthritis
• Need for revision surgery

When these issues occur, they often justify higher compensation for ongoing pain, lost function, and future medical care. It’s essential to establish through medical testimony how likely these complications are and how they impact your life.

How Experts Strengthen Hardware-Related Claims

Expert witnesses—especially orthopedic surgeons—play a critical role in explaining the full impact of your injuries. They can:

• Clarify the necessity of the hardware procedure
• Describe how the injury will affect future work capacity
• Estimate costs of future surgeries or rehabilitation
• Explain permanent physical limitations to the jury

Medical experts make the difference between a basic claim and a compelling, fully supported one.

Proving Non-Economic Damages

Juries and insurers often underestimate the emotional and physical toll of orthopedic hardware. These devices are constant reminders of trauma, and they can limit independence and mobility.

Daily inconveniences—difficulty dressing, walking, lifting, or driving—should be thoroughly described in witness statements and medical records. When supported by evidence, they form the foundation of a strong pain-and-suffering claim.

Settlements and Valuation

Hardware-related injuries often lead to higher settlements because of the lasting nature of the injury and the potential for future procedures. However, the exact value depends on:

• The type and severity of the injury
• Whether the hardware is permanent
• Medical costs (past and future)
• Lost wages and earning capacity
• Impact on quality of life

Because these cases involve both immediate and long-term damages, settlement negotiations require careful calculation and often consultation with medical and financial experts.

Insurance Company Tactics

Insurers may downplay the severity of your injury by arguing that hardware installation “fixed” the issue. This ignores ongoing pain, limited mobility, and the reality of living with implanted metal. We push back with detailed medical evidence and expert testimony to ensure your full damages are recognized.

Protecting Your Rights After Surgery

If you’ve undergone surgery involving plates, screws, or other implants after an accident, protect your claim by:

1. Following all post-surgery instructions carefully.
2. Attending every follow-up appointment.
3. Keeping copies of imaging studies and surgical reports.
4. Tracking pain levels and daily limitations in a journal.
5. Consulting an experienced personal injury attorney before negotiating with insurers.

Our Commitment to Clients

We’ve represented many clients whose lives changed after surgeries involving orthopedic hardware. We understand how these injuries affect not only your health but also your independence, work, and financial stability. Our role is to make sure insurers and opposing parties see the full picture.

If you’ve suffered an injury requiring orthopedic surgery, contact us today. Call 215-567-6616 in Philadelphia or 610-435-7400 in the Lehigh Valley. You pay no attorney fees unless we recover compensation for you.