Knee injuries are injuries that involve trauma to the knee joint, which may include trauma to:
Knee injuries often occur as a result of a fall, a forceful twisting of the knee, or a high impact from a motor vehicle accident or other type of force. If an individual suffers a knee injury, they may be able to file a lawsuit.
A knee injury lawsuit is a legal action that provides compensation for individuals who have suffered an injury to their knee. A knee injury may be serious because the knee is a crucial factor in many bodily movements.
Common causes of knee injuries may include, but are not limited to:
A knee injury may require surgery and often takes a long period of time to heal fully. These types of injuries may also affect an individual’s long-term mobility and their daily activities. These types of issues can make knee injury claims complex. If an individual has suffered a knee injury, they should consult with a knee injury lawyer to determine the best course of action for obtaining compensation.
Who Can Be Held Liable for a Knee Injury?
Liability for knee injuries depends on different factors that surround the injury or accident. In many cases, some type of negligence is involved.
Negligence claims typically require proof that the defendant disregarded their duty of care to the injured party and that their actions were the direct cause of the injury. In addition, the damages involved in the injury have to be calculable and measurable.
One example of this is when an individual acted negligently in a sports competition, which resulted in a serious knee injury to another participant. If the negligent individual disregarded the rules of the competition and caused the individual’s injury, that individual may be held liable for the knee injury.
Another example of negligence may be when an individual who is driving a car has disregarded the rules of the road regarding speed limits. If an individual’s careless driving results in an accident that causes a knee injury, that individual may be liable for the damages caused by the accident.
A knee injury may also occur if an individual suffers injuries resulting from a battery. A battery is the unauthorized application of force that results in an offensive touching or physical injury.
What Are the Legal Remedies in Knee Injury Lawsuits?
A knee injury lawsuit may involve numerous different legal theories and laws. In these lawsuits, the legal remedy often involves monetary damages. The damages may provide the injured individual with compensation for costs such as:
- Hospital bills;
- Medical expenses;
- Knee surgery or knee implant costs;
- Lost work wages;
- Loss of future earning income;
- Other costs.
Calculation of damages may vary according to many factors, including the severity of the injury, state laws, and other factors.
What Is the Difference Between Personal Injury and Workers’ Compensation?
Workers’ compensation, also referred to as workers’ comp, is a legally mandated form of insurance in all states in the United States except Texas. With workers’ compensation, the employer’s workers’ comp insurance provides workers who have experienced illness or injury in the course of their employment with medical benefits and wage replacement. Under this system, the injured or sick worker is not able to sue their employer for negligence in civil court.
This is considered a fair trade-off because the injured or sick employee is provided compensation for lost wages as well as the cost of their medical care in exchange for not having a recourse outside of the workers’ compensation system. Workers’ compensation systems were created to keep employers from going bankrupt if an injured worker was awarded a costly damages notice in a negligence action.
In a personal injury case, an injured individual sues the party whose negligence was the direct cause of their injury in a civil court. The individual recovers damages for lost wages as well as the cost of their medical care.
They may also recover money damages for pain and suffering. Damages for pain and suffering, in some cases, amount to a substantial amount of money. However, recovering damages in a personal injury claim is never certain.
Some of the main differences between personal injury lawsuits and worker’s compensation claims include:
- Determining fault: Generally, an individual who files a personal injury lawsuit must prove that the person sued was at fault for causing their injury;
- In comparison, the injured employee in a workers comp claim does not have to prove fault or negligence on the part of the employer to recover compensation;
- Damages for pain and suffering: In a personal injury case, an individual can recover an award of damages for pain and suffering if the facts justify it. This is in addition to compensatory damages for lost wages and the costs of medical care;
- In contrast, workers’ compensation awards do not include a compensation amount for pain and suffering;
- In addition, workers’ comp awards are typically paid weekly or periodically, and personal injury damages are typically provided in a lump sum;
- Punitive damages: A workers’ compensation claim will not include recovery for punitive damages or damages that are imposed on a defendant because their actions were especially egregious. An individual who files a personal injury lawsuit might recover punitive damages if the facts warrant it;
- Right to sue: Technically, a worker who is injured or falls ill on the job cannot file a lawsuit against an employer. In most cases, a worker is legally obligated to turn to the workers’ comp system in their state for compensation; and
- Forum: A personal injury lawsuit is filed and litigated in a civil court. In contrast, states have separate administrative law hearing systems for processing workers’ compensation claims.
Common types of workers’ comp include slips, trips, and falls on the job. A workplace does not have to be especially hazardous for an employee to slip on wet floors or snowy walkways.
What Are Some Issues to Consider When Choosing Legal Options?
If an individual has experienced an injury or illness in connection with their employment, they should examine certain factors when considering legal remedies, including:
- Who or what party is responsible for causing the injury;
- Whether the injury was directly related to the performance of work-related tasks;
- Whether the injury was a one-time event or has resulted in a recurring condition.
An individual unsure of whether their injury or illness is work-related should consult with an injury for advice. An attorney can review the facts of the case and determine whether it would be best handled as a workers’ compensation claim or in a civil court as a personal injury lawsuit.
What Is the Average Payout for a Knee Injury?
The average payout for a knee injury will vary based on the type of injury, the location of the injury, and other factors. On average, the compensation for a knee injury in a personal injury claim may range between $70,000 and $150,000.
Specifically, the average settlement for a torn meniscus personal injury lawsuit is between $25,000 and $50,000. The factors that impact the value include the severity of the tear and the extent of the medical treatment that was required.
Do I Need a Personal Injury Lawyer for Help With a Knee Injury Lawsuit?
A knee injury lawsuit may be complex and typically requires the assistance and guidance of an attorney. If you have suffered a knee injury, it is in your best interests to consult with a personal injury lawyer. Your attorney can provide you with the research needed for your case and can represent you in court.