On This page
    X-ray of a lower leg with a metal plate and screws holding a shinbone fracture together after surgery

    Sometimes after a car accident, broken bones don’t heal on their own and require surgery. Since it costs a lot more to medically stabilize a fracture with metal implants than it does to simply apply a cast, personal injury claims involving hardware typically settle for substantially more than ones involving minor injuries. The operation, implanted hardware, and any lasting limitations or future medical needs all add to your claim’s value. Additional factors like how well you heal and whether you can return to work can also impact your claim.

    Whether you need surgery or already had a procedure, our South Carolina car accident lawyers can help answer your questions about what to do next to protect your recovery. Your surgeon will decide on treatment, but your lawyer can explain your rights and help you seek payment for your injuries.

    Broken Bones in a Car Accident

    To make a personal injury claim, you need proof that someone else was at fault for your injuries. Needing surgery is part of your medical story, but it does not prove who caused the accident. Your South Carolina car accident claim also depends on evidence from the crash and how the impact led to your injury.

    Fracture terminology helps explain what happened to the bone. A displaced fracture means the pieces have moved out of alignment. A vertebral compression fracture occurs when part of a bone in the spine collapses and loses height. A comminuted fracture means the bone broke into multiple pieces. An open fracture, sometimes called a compound fracture, means the bone protrudes from the wound, raising the risk of infection. These descriptions help distinguish injuries that might otherwise look similar on a claim form.

    Ask your doctor to explain your diagnosis as it appears in your medical records. Knowing exactly what your injury is will help you better understand why surgery is being recommended.

    What “Hardware” Actually Means

    Hardware is the implant used to hold a fracture in position while it heals. During open reduction and internal fixation (ORIF), a surgeon puts the broken bone pieces back in place and uses implants to hold them together. Not every operation uses the same approach. The American Academy of Orthopedic Surgeons’ guide to internal fixation explains the main implant types:

    • Plates: Metal supports that hold broken pieces together and attach to the bone with screws. They might be left after healing or they may be removed.
    • Screws: The most frequently used fixation implant. They can work alone or with plates, rods, or nails.
    • Intramedullary rods and nails: Implants placed through a long bone’s hollow center. Screws at the ends control rotation and shortening.
    • Pins and wires: Small devices used when the broken pieces are too small to hold with screws.

    Some patients first need external fixation. Pins or screws connect the bone to a frame outside the body. It can provide temporary stability while damaged tissues recover or while other serious injuries receive proper medical treatment.

    Your surgery report should list the repair done and what was implanted. The implant record might also include the manufacturer and device details. Keep these records so future doctors know what is at the injury site.

    The number of screws you have does not determine how much your claim is worth. What matters is why the hardware was needed and how the injury affects you now. An implant helps you heal, but having one doesn’t show whether you can walk, grip, or lift in the long run. These questions require follow-up exams and an assessment of how you function.

    Will the Hardware Come Out Again?

    Removal is selective, not routine. AAOS explains that plates and screws may remain after healing or be removed in selected cases. Rods and nails commonly stay in place, including those used for most femur and mid-tibia fractures. Pins and wires are usually removed after a period of time, although some remain permanently.

    Whether hardware will be removed depends on your fracture, where the implant is, and your surgeon’s opinion. You should not include hardware removal as a future expense in your claim just because you have metal in your body. There needs to be a medical reason for it.

    If your surgeon expects to remove the hardware, ask for the reason and timing in writing. Your lawyer can use that information to review the cost of future surgery. Surgery your doctor expects you to need is different from surgery that might be considered someday.

    If hardware stays in your body, keep track of any problems. If pressure over a plate makes certain shoes uncomfortable, tell your medical team. If kneeling produces significant pain around an implant, describe where and when it happens. Those details help your doctor check whether the hardware is causing pain and record how it affects your day.

    Do not assume that every symptom comes from the metal. The original fracture and associated soft tissue damage may also matter. Ask your treating provider to identify the likely cause rather than drawing that conclusion yourself.

    Your claim should be based on your doctor’s advice. If another procedure is expected, include it with medical support. If the plan is to leave the implant in, document any ongoing problems. Do not assume either outcome will happen automatically.

    Common broken bones in a car accident that require hardware

    Which Car Accident Injuries Usually Need Surgery

    Some types of fractures are more likely to need surgery because the bone pieces will not stay in place or the joint is unstable. Where the break is, how much the bone moved, damage to nearby tissues, and your overall health all matter. You and your medical team will decide together if surgery is needed.

    Common examples include:

    • Wrist and distal radius fractures: Bracing against the steering wheel can transfer force into the wrist. The distal radius is the end of the forearm bone near that joint. A displaced break or one involving the joint surface may need a plate and screws.
    • Ankle fractures: Impact or twisting during a crash can break the bones supporting the ankle. Bimalleolar and trimalleolar fractures involve two or three areas around the joint. If the broken bones will not stay in place, surgery may be needed to line them up and hold them together.
    • Tibial plateau fractures: A dashboard impact can drive force through the knee into the top of the shinbone. If the bone surface in the knee joint has been pushed down or moved out of place, surgery may be needed to repair it. Your surgeon may wait for swelling to go down first.
    • Femoral shaft fractures: High-energy impacts can break the long middle portion of the thighbone. A fractured femur often requires an intramedullary nail to stabilize the leg.
    • Pelvic fractures: Force from a major collision can disrupt the pelvic ring. If the broken pelvic bones will not stay in place, surgery may help hold them together. Treatment depends on where the breaks are and what else was injured.
    • Clavicle fractures: A blow to the shoulder or force from a seat belt can break the collarbone. Many heal without an operation, but substantially displaced fractures may need fixation.
    • Spinal fractures: A high-impact crash can fracture one or more vertebrae, the bones that make up the spine. Surgery may be needed if the break makes the spine unstable or if bone fragments press on the spinal cord or nearby nerves.

    AAOS provides condition-specific guidance on wrist, ankle, knee, thighbone, pelvic, and collarbone fractures. Spinal fusion can also involve implants, but back and neck injuries call for a separate evaluation. If you also have damage to your spinal cord or other serious spinal injuries, your medical care and injury claim may involve more than treating the broken bone.

    What Makes a Surgical Fracture Claim Worth More

    A settlement for surgery after a car accident depends on what the injury has actually changed in your life. The surgery bill is only one part. It doesn’t show whether you have regained the hand strength you need for work or whether standing for a full shift is still hard.

    The main drivers include:

    1. How the fracture healed. How well the bone heals affects the care you may need. A nonunion means the bone has not healed; a malunion means it healed in the wrong position. Your doctor should explain any further treatment you need.
    2. What movement returned. Range-of-motion loss can affect ordinary tasks even after the bone has joined. Restricted wrist rotation or knee bending matters because it limits what you can do.
    3. Any lasting impairment. A permanent impairment rating can help describe lasting problems caused by your injury. Your doctor’s findings about what you can and cannot do are a main factor.
    4. Your ability to earn a living. Lost wages during recovery differ from an ongoing loss of earning capacity. A limitation that prevents climbing or heavy lifting may affect a tradesperson differently from someone whose work has different physical demands.
    5. The time and cost of therapy. The duration and cost of physical therapy matter, as do necessary appointments and restrictions during the healing process. Your estimate of therapy costs should follow your doctor’s treatment plan, including how often and how long you need care.
    6. Expected long-term problems. Another surgery or arthritis that develops after a joint injury can change the care you need. AAOS notes that fractures at the top of the shinbone can lead to lasting trouble moving the knee and to arthritis. Ask your doctor which risks apply to you.
    7. Changes beyond the invoices. Scarring, chronic and severe pain, interrupted sleep, and lost enjoyment of activities may affect daily life. The details matter more than a general statement that you are suffering.

    Maximum medical improvement (MMI) means your condition has stabilized enough to assess the remaining effects. It does not necessarily mean you are pain-free or need no further care. Before that point, no one can accurately quote a definite final value for your claim, since things may still change.

    Why Insurers Push Back on Hardware Cases

    Insurance adjusters may agree you had surgery but argue about the losses that followed. Knowing exactly what they disagree with helps you respond with the right evidence.

    An insurer may point to a negative X-ray as proof that you have fully recovered. While the X-ray can show how the bone has healed, it doesn’t show anything about how it affects you. Movement and strength tests, along with your doctor’s explanation, can document problems the X-ray does not show.

    Another dispute may involve age-related arthritis or a previous injury. The relevant question is what changed after the collision. Earlier records, your pre-crash activities, and the treating doctor’s assessment can help distinguish a preexisting condition from a new injury or an aggravation.

    If the insurer questions whether you will need hardware removed, ask your surgeon to explain why it is expected, how it could help, and when it would happen. Simply saying removal is possible may not answer the insurer’s concern.

    Be honest and specific when you report your difficulties. Explain what tasks you cannot do, how long you can do something before it hurts, or what causes your symptoms. Clear details help your doctors record your problems without guessing or overstating them.

    Future Medical Costs and When a Life Care Plan Helps

    If your fracture is serious and you will need care for years, your future medical needs should be carefully reviewed. Depending on your doctor’s outlook, you might need another surgery, ongoing therapy, special equipment, or even a joint replacement. Not every patient with hardware will need all of these.

    A life care plan is a detailed assessment of the care and assistance an injured person is expected to need over time. A qualified planner uses medical recommendations and supporting records to identify those needs and estimate their costs and frequency.

    Each cost in the plan should match a need in your medical records. For example, your doctor should explain why you are likely to need future joint surgery. The plan should also show how often you need treatment and when equipment may need replacing. Those details make the estimate more useful.

    A life care plan is most helpful when your long-term needs are big or complicated. If your recovery is simple, you may only need a basic estimate of future medical costs. Your lawyer can review your injury and decide whether a formal plan would help your case.

    Surgery can bring bills for hospital care, anesthesia, and follow-up visits. Ask your lawyer to review any payment demands, including balance billing, which means charging you the difference between a provider’s bill and the amount your health plan allows. Future treatment costs and income you may lose need separate estimates. A care plan estimates the care you will need; work records and medical restrictions help show how your earnings may change.

    Documenting a Surgical Fracture Claim

    Keep records showing your injury from surgery through all follow-up care. Your lawyer can get your medical records with your permission, but any copies you already have can help find providers and spot missing details. Make sure you have a complete checklist of these types of documentation:

    1. Operative reports and implant records. These identify what the surgeon found, the procedure performed, and the devices placed. Include discharge instructions and records of any additional operation.
    2. Imaging throughout recovery. Preserve access to images and reports from before fixation, after the procedure, and at later visits. A sequence can explain changes that a single X-ray cannot.
    3. Written restrictions. Keep instructions about weight-bearing, lifting, driving, and work. If your employer asks what you can safely do, ask the treating provider to clarify.
    4. Movement measurements over time. Ask that follow-up records include relevant range-of-motion findings. Consistent measurements help show progress and any remaining limitations.
    5. Rehabilitation notes. Therapy records can describe strength, endurance, functional goals, and barriers to improvement. Tell the therapist when a prescribed activity is difficult, so the record reflects what happened.
    6. A practical account of daily and work limitations. Record specific changes, such as needing help carrying a child or being unable to climb a ladder. Retain wage records and a description of your job’s physical requirements. Date entries and describe both improvement and setbacks honestly.
    7. Your doctor’s outlook and any impairment rating. Keep your doctor’s explanation of any remaining problems, what care you may need, and how any impairment rating was reached. Do not substitute your own interpretation for the medical finding.

    Deadlines and Fault in South Carolina

    Under S.C. Code Ann. § 15-3-530(5), a personal injury lawsuit generally has a 3-year filing period. Section 15-3-535 addresses when that period begins, based on when you knew or reasonably should have known you had a cause of action. In an ordinary crash case, that is usually the accident date. Exceptions exist, so confirm the deadline with a lawyer early.

    South Carolina also follows modified comparative negligence. You may still recover damages, even if you share some fault. This is commonly called the 51% bar. Being 50% at fault does not itself bar recovery, but your compensation may be reduced by your percentage of fault. South Carolina Supreme Court decisions explain the reduction principle and comparison when multiple defendants are involved.

    Frequently Asked Questions

    Car Accident - Hardware

    How much is a broken bone claim worth after a car accident?

    The value of your claim depends on your losses and the available sources of payment. Insurance limits, other coverage, and whether the responsible person can pay all effect what you might collect. Your lawyer should explain these issues along with your injury assessment. Figuring out your damages and what insurance will pay are separate questions.

    Will I need a second surgery to remove the hardware?

    You might need a second surgery, but it is not automatic. Ask your surgeon if replacement or removal surgeries are part of your current plan and what limits you would have afterward. If your doctor’s advice changes, keep the new instructions.

    Can I set off airport metal detectors or have an MRI with hardware?

    Whether you set off airport metal detectors or can have an MRI depends on your implant and the equipment used. Ask your surgeon for details about your implant and if you can get an implant card. Tell airport staff about your implant. Before an MRI, give the imaging team your device information so they can check if it is safe. Do not assume all implants are approved.

    Should I settle before my surgeon says I am fully healed?

    Usually, you should know your medical outlook before agreeing to settle. Signing a settlement release usually ends your claim, even if new problems come up later. Ask your lawyer what the release covers and if future losses are included. Taking a payment now may mean giving up rights you cannot get back.

    What if the fracture did not heal properly?

    See your orthopedic surgeon for a checkup. Treatment might mean making the bone more stable, treating an infection, or using a bone graft, depending on what is wrong. Keep any new diagnosis and treatment advice. Just because healing is complicated does not mean there was a surgical mistake. Your doctor needs to figure out the cause and if it is related to the accident.

    How long do I have to file a claim in South Carolina?

    You usually have 3 years to file a car accident injury lawsuit, but some cases have different deadlines. Claims against the government or for minors have different deadlines and need special attention. Telling your insurance company about the accident does not count as filing a lawsuit. Ask a lawyer to confirm your deadline while you keep getting medical care.

    Evaluating a Car Accident Claim After Fracture Surgery

    When a collision requires you to undergo surgery and implanted hardware, your claim should account for more than the operation itself. We can review your surgical records, rehabilitation progress, work restrictions, and medical recommendations to understand how the injury affects your life and what questions remain before settlement.

    At Joye Law Firm Injury Lawyer, we evaluate car accident cases as part of our personal injury practice, which received Regional Tier 1 rankings in Charleston and Columbia for personal injury litigation for plaintiffs in the 2027 edition of Best Law Firms®. Our litigation department is led by Mark Joye, whose personal injury work was recognized through his selection to 2026 South Carolina Super Lawyers Top 10 for personal injury in general for plaintiffs, and his leadership as a Past President of the South Carolina Association for Justice.

    When you speak with our team, we can discuss who would handle your matter, how we would address disputed losses, and how we would keep you informed as your medical outlook develops.

    Talk to a South Carolina Car Accident Lawyer

    If you have an offer but still have questions about your recovery, talk to us about the offer and your treatment records. You do not need to figure out your claim’s value before contacting us. We can explain what the settlement covers and if your medical outlook is clear enough to make a decision.

    Founded in 1968, Joye Law Firm Injury Lawyer levels the playing field for the injured underdogs who feel outmatched against big insurance companies. Our core values are compassion, bravery, continuous improvement, and respect for the common good. For you, that means a team that listens, explains your options, and helps you work through the insurance claim while you recover.

    Contact us for a free consultation before you sign any release from the insurance company.

    Contact us
    Two Case Managers discussing a case on the computer