A meniscus injury is an injury that occurs to one or both of the menisci in the knee. Sometimes, the injury happens in older individuals because of brittle cartilage. In other individuals, the injury occurs because of a traumatic injury. The knee bends, and then twists severely. The force of the twist causes the femur to move against the tibia, tearing the meniscus.
Can I Sue My Employer If I Injured My Meniscus on the Job?
No, unless there are certain factors that change the circumstances, 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?
It does not matter who caused the meniscus tear in an on-the-job injury. This is because workers’ compensation coverage does not depend on fault. Workers’ compensation covers injuries that are result of the actions of an employee or employer, so long as the injury happened while the employee was at work.
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 frequently forms of negligence.
What Is Negligence?
Negligence is the failure to use care that an ordinary person would in the same or similar circumstances. This is determined by comparing the defendant’s actions to an ordinary person’s actions. When a plaintiff sues for negligence, they must show:
- 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 Does “Valuing” in an Injury Case Mean?
Valuing a lawsuit means determining what a jury may award a plaintiff for her knee injury. The next step is guessing the amount of money a defendant is willing to pay to settle the lawsuit. Factors that are used to determine the amount of damages include:
- Lost wages
- Pain and suffering
- Medical bills
- Loss of quality of life
- Severity of the injury
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.