A meniscus injury is an injury that occurs to one or both of the menisci in the knee. In older individuals, brittle cartilage can cause injury. The injury may also occur as a result of a traumatic event. The knee bends, then twists violently. When the femur twists, the meniscus tears as it moves against the tibia.
Meniscus Injury Lawsuits
- Can I Sue My Employer If I Injured My Meniscus on the Job?
- What If My On-the-Job Injury Was My Fault?
- Can I Sue If My Meniscus Injury Was Caused by an Accident?
- Who Can Be Held Liable for a Knee Injury?
- What Is Negligence?
- What Are the Legal Remedies in Knee Injury Lawsuits?
- What Is Knee Surgery?
- When Is Compensation for Knee Surgery Available?
- When Is Compensation Unavailable?
- What Does “Valuing” in an Injury Case Mean?
- Can a Knee Implant Fail?
- Who Can I Sue If My Knee Implant Fails?
- What Is a Defective Product Claim?
- What Do I Need to Prove for a Defective Product Claim?
- When Are You Awarded Compensatory Damages?
- Do I Need a Lawyer for a Meniscus Injury Lawsuit?
Can I Sue My Employer If I Injured My Meniscus on the Job?
In most cases, no, unless certain factors change the situation, such as the individual not being an actual employee. Otherwise, they must file a workers’ compensation claim with their employer.
What If My On-the-Job Injury Was My Fault?
A meniscus tear caused by an on-the-job injury doesn’t matter who caused it. Workers’ compensation coverage does not depend on fault. So long as the employee was at work when the injury occurred, workers’ compensation covers injuries caused by their actions or those of their employers.
Can I Sue If My Meniscus Injury Was Caused by an Accident?
Yes. The most common reasons for meniscus injury lawsuits are:
- Car accidents
- Slip and falls
Both accidents are frequent forms of negligence.
Who Can Be Held Liable for a Knee Injury?
Different factors can affect liability for a knee injury. There is usually some form of negligence involved in most cases. Negligence claims usually 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. Moreover, the damages involved in the injury must be calculable and measurable.
An example of this would be when a person acted negligently in a sports competition, resulting in a serious knee injury. It is possible to hold the negligent person liable for the knee injury if they disregarded the rules of the competition.
A driver who disregards speed limits is another example of negligence. They may be liable for damages if their careless driving results in an accident resulting in a knee injury.
What Is Negligence?
When an ordinary person fails to use care in the same or similar circumstances, that is negligence. The defendant’s actions are compared to those of an ordinary person.
Plaintiffs who sue for negligence must show the following:
- The defendant owed a duty of care not to harm them
- The defendant breached that duty of care
- The defendant caused the plaintiff’s meniscus tear
- The plaintiff should receive damages for their meniscus tear
What Are the Legal Remedies in Knee Injury Lawsuits?
Knee injury lawsuits can involve many different legal theories and laws. In such lawsuits, the remedy under the law will usually involve some form of monetary damages. The damages may provide compensation for costs such as hospital bills, medical expenses, knee surgery or knee implant costs, lost work wages, loss of future earning income, and other costs.
Damages can be calculated based on various factors, including the severity of the injury and state laws.
What Is Knee Surgery?
Knee surgeries aim to correct or realign a knee after injury. They may also involve replacing part or all of the knee with a knee implant such as a Zimmer Persona implant. These surgeries are often major and require extensive medical procedures and techniques. Major parts of the knee, such as the meniscus, are often operated on in this type of surgery.
A knee injury can be particularly debilitating and cause the person to be off their feet for several weeks. This can affect working, driving, attending school, and doing chores at home.
When Is Compensation for Knee Surgery Available?
Knee surgery compensation may be available in the following situations:
- Workers’ compensation for on-the-job injuries, such as repetitive stress injuries
- Legal damages for negligent conduct, such as when a store owner is liable for a slip and fall case that results in a knee injury
- Other instances, such as car accidents or sports injuries
Compensation for knee surgeries is generally awarded when the other party is found liable for the plaintiff’s injuries. Extensive evidence may be required to establish causation. Medical costs, lost wages, and other financial costs may be covered by legal compensation.
When Is Compensation Unavailable?
Certain situations may not qualify for compensation for knee surgery. Among them are:
- Damages are not covered by state laws or are limited to a certain amount
- The plaintiff contributed to their own injury
- It is difficult to measure the plaintiff’s injuries
- There are issues with insurance, contracts, and other agreements
A trial or legal claim can sometimes lead to disputes over damages and compensation. An expert medical witness may be required to determine damages and compensation.
What Does “Valuing” in an Injury Case Mean?
In valuing a lawsuit, one determines how much a jury may award a plaintiff for their knee injury. Next, determine how much a defendant is willing to pay to settle the case.
Factors that are used to determine the amount of damages include:
- Lost wages
- Pain and suffering
- Medical bills
- Loss of quality of life
- The severity of the injury
Can a Knee Implant Fail?
Yes. A knee implant device is supposed to support a person’s body weight while allowing them to move fully. Whenever a device is improperly designed or manufactured, an individual may experience pain or limited mobility. A defective knee implant can also lead to other medical problems, such as cobalt toxicity.
Who Can I Sue If My Knee Implant Fails?
Medical implant manufacturers must market safe implants and adequately warn implant users of any dangers. A defective product claim may be filed whenever the device fails.
What Is a Defective Product Claim?
A defective product is any product causing injury to an individual because of:
- Lack of a proper warning
- Design defect
- Defective manufacturing
Putting a safe knee implant on the market is the manufacturer’s responsibility. An individual can sue a manufacturer, designer, retailer, or distributor in the chain of the product’s distribution because the product caused harm.
What Do I Need to Prove for a Defective Product Claim?
A plaintiff must prove the following to win or settle a knee implant claim:
- The product had a defect.
- The defective product caused an injury while the product was being used as intended.
- The defective product has not been changed substantially regarding how it was supposed to operate when sold. For example, the plaintiff did not have knee surgery to have the device altered.
When Are You Awarded Compensatory Damages?
Typically, compensatory damages are awarded to restore the injured party or person (the “plaintiff”) to their original position before the harm or loss occurred. Therefore, compensatory damages are awarded when damages, injuries, or losses have occurred.
Generally speaking, there are two main types of compensatory damage awards: Special damages and general damages.
Special damages are intended to restore the injured party to their position before the harm or injury occurred. This generally includes damages that can be calculated, such as medical expenses, property damage, loss of wages or earnings, and other quantifiable losses.
General damages may be awarded for losses that are not easily determined through monetary calculations. These can include losses connected with emotional distress, defamation, or loss of consortium or companionship.
There may be differences in state laws regarding compensatory damages. Some states can limit compensatory damages, especially general damages.
Do I Need a Lawyer for a Meniscus Injury Lawsuit?
Yes. To determine whether you can file a lawsuit, contact a personal injury lawyer and discuss your case with them. Your attorney can provide guidance and legal representation for your case.
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