Legal action may be taken in the form of knee injury litigation to provide compensation to individuals who have experienced a knee injury. Knee injuries may be severe due to the fact that the knee is such an important part of the body and serves many basic functions.
Knee injuries may be frequently caused by:
- Slipping and falling incidents;
- Sporting events;
- Recurring stress; and
- Various other factors, including injuries that were purposely caused, for example, a battery.
A knee injury frequently requires surgery and may take a long time to recover from. These injuries can also impact an individual’s everyday activities as well as their long-term mobility.
These issues may complicate a knee injury claim.
What Is a Torn ACL?
The anterior cruciate ligament, or ACL, is a major ligament that supports the knee. A torn ACL is one of the most common injuries that occur to the knee area.
A torn ACL is a common sports injury that results from a sudden stop or start or a pivot on one leg. It may also result from participation in a sport where contact is a factor.
In the United States, it is estimated that there are over 100,000 cases of torn ACLs each year. Many of these cases occur in other contexts, including in a job-related setting or in connection with other injuries.
How Long Does a Torn ACL Take to Recover?
It can take a very long time for an individual to fully recover from a torn ACL. On average, it may take anywhere from 6 months to 10 months.
The recovery process often involves some type of surgery, typically a graft from the individual’s own body. It may also involve physical therapy, rehab, and large amounts of rest.
The injured individual may also be required to be off of their feet for a period of time. In some cases, they may be required to walk with crutches.
An ACL injury may cause an individual to miss work and may also affect their driving abilities. A torn ACL may cause major, although temporary, changes to an individual’s lifestyle and abilities.
Who Is Responsible for Knee Damage?
The circumstances of a knee accident or injury may affect who is at fault if an injury occurs. In many cases, some form of negligence is involved.
In order for an injured individual to establish negligence, it is usually necessary to show that the defendant had a duty of care to the injured individual and that their conduct was the immediate cause of the defendant’s injury.
In addition, the damages associated with the individual’s injury must be quantifiable and calculable. One example of this would be when an individual acts recklessly during a sporting event and causes another competitor to suffer a serious knee injury.
The negligent defendant may be liable for the knee injury if they violated the competition’s rules and contributed to the individual’s harm. Another example of negligence may occur when a driver disregards the posted speed limits.
If their reckless driving causes an accident that results in another individual suffering a knee injury, they may be held liable for damages associated with the accident.
What Is a Knee Operation?
Knee surgery is a medical treatment that is used to correct or realign an individual’s knee after it has been injured. In addition, knee implants, such as the Zimmer Persona implant, may replace an entire knee or just a portion of the knee.
These knee operations frequently entail complex medical procedures and techniques and may be very large. Major components of the knee, such as the ACL, are often the focus of this type of surgery.
A knee injury can be particularly crippling and frequently requires an individual to be off of their feet for several weeks. There are also many other aspects of life that may be affected by a knee operation, including:
- Going to school; and
- Carrying out household tasks or hobbies.
When Is Knee Surgery Compensation Available?
An individual receiving compensation for knee surgery may be available in certain circumstances, including:
- Compensation for workers’ comp for on-the-job injuries, like repetitive stress injuries;
- Legal compensation for carelessness, such as if a business owner is held accountable for a slip-and-fall incident that results in a knee injury; and
- Other occurrences, such as automobile collisions or sports injuries.
In the majority of cases, compensation for knee surgery may be granted if the other party is determined to be liable for the plaintiff’s injuries. They may require evidence of causation, which often involves the use of medical experts.
Things that may be covered by legal compensation may include:
- Medical expenses;
- Missed wages; and
- Other financial losses.
When Is Compensation Not an Option?
In certain situations, compensation for knee surgery and other related medical treatments may not be offered for reasons such as:
- The laws of the state may not cover damages or may only cover up to a specific amount;
- The victim was somewhat responsible for their own harm; or
- Measuring the plaintiff’s injuries is challenging.
Insurance, contracts, and other agreements may also have issues. Disagreements may arise regarding damages and compensation during a legal claim or trial.
In these types of situations, the testimony of a medical expert may be required to assess the damages and the compensation that should be requested.
Can I Receive Compensation for a Torn ACL Injury?
In many situations, these costs associated with an ACL surgery may be covered by an individual’s insurance or by workers’ compensation. In other situations, a lawsuit may be required to allow the victim to recover for damages caused by:
- Intentional conduct; or
- Conduct outside the rules of a contact sport, for example, an intentional foul.
A torn ACL lawsuit may also result in other damages, including:
- Lost wages;
- Pain and suffering; or
- Punitive damages, when appropriate.
In many cases, insurance or workers’ compensation will reimburse an individual for the costs related to an ACL procedure. This may include a workers’ compensation settlement for ACL injuries.
How Much Compensation is Available for a Torn ACL Injury?
A lawsuit based on a knee injury can be based on various legal principles. Typically, the legal remedy will include monetary damages that are intended to reimburse the injured party for:
- Hospital bills;
- Medical expenses;
- Knee surgery or implant costs;
- Loss of mobility;
- Lost employment wages;
- Lost potential future income; and
- Other expenses.
The calculation of damages may differ depending on various elements, including:
- The degree of the harm;
- State legislation; and
- Other elements.
Do I Need a Lawyer for Help with Torn ACL Claims?
As discussed above, a torn ACL may result in substantial financial losses and extensive recovery time. If you have suffered an ACL injury, it is in your best interests to consult with a personal injury lawyer who can help you file a claim or a lawsuit to receive compensation for your injury.
Your torn ACL lawyer can advise you regarding laws that may be applicable to your case. In addition, your attorney will be with you to represent you during crucial court meetings and hearings.
An attorney is best equipped to gather and present the complex medical evidence and expert testimony that is required in these types of cases.