ORIF surgery accident lawyer

Open reduction and internal fixation is the operation in which a surgeon exposes a fracture, restores the alignment directly, and holds it with plates, screws, rods or wires. The fact that it was necessary tells you something important about the injury: the fracture was unstable, displaced, or ran through a joint surface that had to be restored precisely. Law Offices Of SRIS, P.C. handles orthopedic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

On This Page

What the operative record shows

The operative report is frequently the most valuable single document in an orthopedic claim. It describes what the surgeon actually found — which is often worse than pre-operative imaging suggested — the condition of the cartilage and soft tissue, the difficulty of achieving reduction, and what was implanted. Post-operative imaging documents the alignment achieved, and subsequent films document whether it held. Together they establish severity in a way that a radiology report alone does not.

Why this injury meets the legal threshold

Surgery under general anaesthesia to fix a broken bone is objective injury by any standard, and the implanted hardware is permanent physical evidence. The disputed questions are downstream: residual motion and strength, hardware symptoms, the prospect of removal, and arthritis where a joint surface was involved.

Typical treatment course and prognosis

The procedure is followed by a period of protected weight bearing or immobilisation determined by the bone and the fixation, then rehabilitation to restore motion and strength. Recognized complications include infection, wound healing problems, hardware irritation or failure, nerve injury, stiffness, nonunion and post-traumatic arthritis. Hardware removal is a common later procedure where implants cause symptoms, and it is a further operation with its own recovery.

How insurance carriers attack this diagnosis

That the fracture united in good position and the person has recovered. That hardware left in place is asymptomatic. That removal would be elective and cosmetic. That stiffness reflects insufficient effort in rehabilitation. The response is measurement — range of motion and strength compared against the uninjured side — together with the surgeon’s opinion on residual impairment and on whether removal is anticipated.

Proving the accident caused it

Causation for the fracture is rarely disputed where surgery was required. The work is documenting the full consequence: obtaining the operative report and the pathology it describes, tracking objective measurements across the recovery, documenting hardware symptoms specifically where they exist, and obtaining an opinion on future procedures before the claim resolves rather than afterward.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What does ORIF mean?

Open reduction and internal fixation. Open means the fracture is exposed surgically rather than realigned through the skin. Reduction means restoring the bone to its correct position. Internal fixation means holding it there with implanted hardware — plates, screws, rods or wires — rather than with an external cast.

Why was surgery necessary?

Generally because the fracture was displaced or unstable, or because it ran into a joint surface that had to be restored precisely. Cartilage does not heal, so a step left in a joint surface leads to abnormal wear. The need for surgery is itself evidence about the severity of the fracture.

Will the hardware set off airport scanners?

Sometimes, depending on the implant and the scanner. Many people pass without difficulty. It is a minor practical consequence, but it is worth mentioning to your surgeon if it is a recurring issue for you, and it belongs in the account of how the injury affects daily life.

Does the hardware have to come out?

Not always. Many implants stay in place permanently without causing problems. Removal is considered where hardware causes pain, sits prominently under the skin, irritates a tendon, or fails. If removal is anticipated, it should be documented as a future procedure with its cost and recovery accounted for.

Can I set off a metal detector or have an MRI?

Most modern orthopedic implants are compatible with MRI, though you should always tell the radiology staff what hardware you have and where. Your surgeon can provide details of the specific implants. Keep that information — it is useful for the rest of your life, not only for the claim.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.