Knee injuries from auto accidents or slip-and-falls are painful, reduce mobility, and often require extensive medical treatment. If someone else caused the incident that resulted in your injury, you might be eligible for compensation.
At the Law Offices of Anidjar & Levine, we know how stressful and challenging the aftermath of an accident can be. While you focus on your recovery, we can do the rest. Call or contact us online to schedule a free consultation with one of our Tampa knee injury lawyers.
Common Knee Injuries
Car accidents, slip-and-falls, or workplace accidents can cause various knee injuries, ranging from minor sprains and strains to more serious fractures and ligament tears.
Common knee injuries we see include:
- Sprains and strains: Sprains occur when the ligaments that connect the bones are stretched or torn, while strains involve damage to muscles.
- Fractures: A fracture is a break in the bone, which can occur when your knee impacts the dashboard, floor, or other hard surfaces.
- Ligament Tears: The knee joint is highly susceptible to ligament tears. When any of the four knee ligaments become torn or stretched beyond their normal range of motion, it can cause severe pain and instability.
- Cartilage tears: Cartilage is the soft tissue that lines the ends of bones in a joint and helps to cushion them as they move against each other. When this tissue is damaged or torn, it can lead to significant pain, swelling, and difficulty moving your joint.
Seek Medical Attention Immediately
If you suffered a knee wound due to another person’s negligence, seek medical attention as soon as possible.
Not only will this ensure that your injury is properly diagnosed and treated, but it will also provide important documentation that can be used as evidence in any personal injury claim you may decide to pursue.
Proper treatment may include physical therapy, medications, and even surgery. Depending on the severity of your damage, you may be unable to work or perform daily activities for an extended period.
Recoverable Damages After a Knee Injury
Knee damage sustained in motor vehicle accidents, slip-and-falls, or workplace incidents usually involve meniscus tears or damage to other ligaments. The protocol may involve a physical examination by a doctor and imaging tests to determine the extent of the tear or fracture.
In some cases, rest, ice, and elevation will heal the wound. But in other cases, surgical intervention becomes necessary. With the most severe damage, accident victims may need a total or partial knee replacement.
Following surgery, these individuals must undergo rehabilitation, which can take several weeks or months. The resulting medical expenses can be costly and are a form of compensation injured parties can receive after an accident that damages the knee.
Recoverable Losses Following an Accident Caused by Negligence
Florida accident victims could recover the following losses if a negligent party caused the knee damage:
- Medical bills
- Lost income
- Loss of future income
- Pain and suffering
- Emotional trauma
- Loss of enjoyment
- Property damage
Other damages may be available depending on the severity of your injuries and the circumstances surrounding your accident.
Determining Liability in a Personal Injury Case
Determining liability is key to recovering compensation in a personal injury claim. In Florida, an injured person may seek compensation from the party responsible for their wounds.
This party could be a negligent driver, a property owner, a defective product manufacturer, a jobsite manager, or any other entity whose careless action or inaction led to your wounds. Most personal injury claims are based on negligence.
To prove liability, an injured person must show that:
- The defendant had a duty of care to the plaintiff.
- The defendant breached that duty.
- The breach caused the injury.
Compensation typically comes from the negligent party’s insurance company. An experienced attorney will build a solid case and negotiate with the insurer for a fair settlement.
When Victims Are Partially Responsible for Their Accidents
Florida Statutes § 768.81 addresses comparative fault, the legal principle that applies to accidents where more than one person caused the event. Even if you are partially at fault for your accident, you can still recover compensation from other at-fault parties.
Keep in mind if you share an accident fault, your compensation will be reduced by your percentage of fault in the accident.
Suppose an injured victim is 25% at fault for causing a collision, and another driver is 75% at fault. If the victim has incurred $100,000 in losses, they can only recover 75% of that total or $75,000 in damages.
The degree of fault each party bears for a car accident is often complex and hotly disputed. Still, an experienced Tampa personal injury lawyer will fight for maximum compensation on your behalf.
The Timeline of an Accident Claim in Florida
All legal claims must meet certain requirements, including compliance with the relevant statute of limitations. A statute of limitations is a deadline for filing a legal claim.
Under Florida Statutes § 95.11(3)(a), car accident victims must file their personal injury claims within four years of the accident date. Otherwise, they will give up their right to recover compensation from the liable party.
State law establishes certain exceptions to this statute of limitations, such as for minor children who suffer injuries in an accident. Regardless of your case specifics, filing a claim soon after the incident is best.
Promptly filing ensures you meet the deadline and allows your accident lawyer to preserve evidence to support your claim. As time passes, witnesses’ memories fade, people disappear, and documents are lost. The sooner you contact a personal injury lawyer, the better.
Contacting a Tampa Knee Injury Lawyer for Legal Help
If you or a loved one has suffered a knee injury in the Tampa Bay area, it is important to contact an experienced lawyer as soon as possible. We understand the pain and frustration that comes with a knee injury, and we are here to help. Don’t let an insurance company pay you less than your case is worth.
A knee injury attorney with Anidjar & Levine could help you recover all available compensation for your accident-related losses while you relax and focus on recovering. Our team of personal injury attorneys is committed to representing clients who have been injured due to someone else’s negligence.
Contact our law office today to take the first step toward recovering financial compensation.
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