Car Accident with Severe Injury (Broken Leg with Metal Rod): How to Claim Compensation from Insurance? Understand Your Rights and Procedures in Detail

A car accident resulting in a broken leg with a metal rod is classified as a severe injury that significantly impacts the injured person’s life. This includes medical expenses, living costs during recovery, ongoing expenses, and future loss of income. Many victims are unaware that they are legally entitled to claim compensation from insurance companies, and they might receive more than they expect if they prepare sufficient evidence and have an experienced legal professional carefully guide them.

Real Case! Broken Leg with Metal Rod Received Over 900,000 Baht in Compensation

Based on a real case handled by Wongsakorn Law Office, a victim was involved in an accident where a truck collided with them, resulting in a broken leg that required a metal rod and over 71 days of recovery. They incurred significant expenses and will also need surgery to remove the metal rod in the future.

The office successfully submitted a claim for compensation from the insurance company, with the following details:

  • ✅ Medical expenses before submitting the claim: 11,127 Baht
  • ✅ Future medical expenses and cost of metal rod removal surgery: Over 190,826 Baht
  • ✅ Travel and other expenses during treatment: 60,000 Baht
  • ✅ Loss of income during recovery: 300,000 Baht
  • ✅ Loss of earning capacity in the future: 150,000 Baht
  • ✅ Compensation for mental pain and suffering: 500,000 Baht

In total, the court and arbitrator ordered the victim to receive a total of 900,826 Baht in compensation, plus 15% interest per annum until full payment is made.


Legal Support for Claiming Compensation for a Broken Leg with a Metal Rod

Under Sections 438, 446, and 887 of the Civil and Commercial Code, victims of severe injuries are entitled to claim:

  • Medical expenses (both past and future)
  • Loss of income
  • Loss of earning capacity
  • Compensation for pain and suffering

The court or arbitrator will consider evidence such as medical certificates, receipts, travel expenses, proof of previous income, and future expenses. Therefore, it is crucial for the injured party to prepare this information and have a legal expert assist them.

Why Can a Broken Leg with a Metal Rod Claim High Compensation?

Metal rod removal surgery is not a minor expense. The actual cost can be as high as hundreds of thousands of baht, including operating room fees, medical services, medications, special equipment, and physical rehabilitation.

Physical recovery after a metal rod takes a long time. It involves multiple wound cleanings, nutritional supplements, follow-up examinations, as well as travel costs and lost time.

Loss of income and future opportunities. If the injured person works in a labor-intensive occupation, such as a truck driver or construction worker, their income may be immediately halted for several months or even a year. According to the law, this can be recovered.

What to Do If the Insurance Company Fights Back?

Often, insurance companies will cite limitations on coverage under the Compulsory Motor Insurance Act (Por Ror Bor) and voluntary policies, or argue that the claimant’s demands are excessive, such as undocumented legal fees or expenses.

In such cases, the injured party must have clear evidence, such as medical certificates, receipts, surgery cost evaluations, proof of previous income, or evidence of actual travel expenses, so that the court or arbitrator can fully consider them.

Checklist of Important Documents for Claiming Compensation for a Broken Leg with a Metal Rod

✔️ Medical certificate clearly stating a broken bone requiring a metal rod

✔️ Receipts for medical treatment, medication, and travel. 

✔️ Proof of income, such as employment contracts, payment receipts, or pay stubs. 

✔️ Accident report / police daily record. 

✔️ Hospital’s evaluation of the cost for metal rod removal surgery.

Why Do You Need a Lawyer?

A case involving a broken leg with a metal rod is more complex than it seems. Without a lawyer, the injured party might not claim everything they are entitled to because they might overlook crucial components such as future medical expenses, physical therapy costs, travel expenses, or actual income evidence.

A lawyer will:

  • ✅ Assess actual rights and claimable amounts.
  • ✅ Gather complete evidence.
  • ✅ Negotiate with the insurance company.
  • ✅ Handle the case in arbitration or court until full compensation is received.

❓ Q&A: Frequently Asked Questions

Here’s the translation of your Q&A into English and Chinese:

Q: How long does it take to receive compensation? 

A: The processing time depends on the readiness of evidence and the expertise of your lawyer. If documents are thoroughly prepared and a specialist provides close guidance, it will help expedite the process efficiently.

Q: What should I do if the insurance company insists on paying less compensation than I should receive? 

A: It’s recommended to consult a lawyer specializing in insurance cases to assess your legal rights and take action to claim the difference to ensure you receive the maximum fair compensation.

Conclusion: Don’t Lose Your Rights in a Car Accident with a Broken Leg and Metal Rod

If you or someone close to you suffers a severe injury like a broken leg with a metal rod in a car accident, absolutely do not let your right to claim compensation slip away! Prepare thorough evidence and let an expert lawyer handle the case. This will help you receive fair and full compensation.

Wongsakorn Law Office is Ready to Protect Your Rights

Whether you are a car accident victim or facing issues with compensation claims, Wongsakorn Law Office has a team of expert lawyers ready to provide professional advice and assist you through every step. We ensure you receive your full legal rights, including providing advice, gathering documents, negotiating, or handling cases in court and arbitration.

Contact Us for Consultation

If you or someone close to you has been involved in an accident and needs to claim compensation, contact Wongsakorn Law Office immediately. We are happy to provide detailed consultation to ensure you receive fairness.