Knee injuries can occur in a wide variety of circumstances. Playing a sport is a common circumstance, as the athlete may be hit in the knee with an object or another player. Yet other occurrences may involve a car accident or a slip and fall injury.
During a car accident, a person in the front seat may strike their knee into the dashboard during the impact. They may also hit their knee against the side of the car door for side vehicle impacts. A person may also have the front of the knee crushed by the vehicle during a head-on collision as the damaged metal is forced back toward their body. In these circumstances, a person may be able to receive knee injury compensation.
What to Understand About Knee Injuries
Knee injuries can be unique circumstances because the injury may not appear immediately after the accident. It may take weeks or even months for the person to begin suffering medical problems. These issues may include swelling, pain on the side or front of the kneecap, bruising and abrasions, or stiffness when a person bends their knee.
There may also be damage to the ligaments of the knee. The long-term effects can last after surgery and lead to additional knee problems. If a person does obtain surgery, rehabilitation can take weeks to months.
Proving Liability
Proving that someone was liable for the knee injury will be typically the same as with other personal injury claims. The victim will have to prove that the accident directly caused the injury, and establish who was the person who can be held totally or partially at fault. They also have to decide on the right amount of compensation to request for the knee injury.
When proving accident injuries, medical records from the accident and police reports can help to prove the case. In addition, pictures and videos of the accident scene as well as any damages to the car should be taken. Then these documents can be presented in the insurance company or court.
If a person has a slip and fall injury, they need to record information about the accident immediately. If the accident happened in a commercial business, they may request any security video regarding that day. They should also speak with any eye witnesses of the event.
If the accident happened outside along the sidewalk, a person should record all circumstances of the accident. They should write notes about the condition of the sidewalk as well as the weather on that day. Taking photos of the accident will also help to further prove your case.
Filing for Compensation
Filing for compensation will be based on the type of accident that happened. If it was a vehicle accident, then a person will file a claim with the insurance company. A workplace accident where an employee experienced a slip and fall injury while on the job will require a workers’ compensation claim to be filed. If a person is visiting a home or a business where the accident occurred, the claim would be filed to the homeowner’s insurance company or company’s insurance company.
Personal Injury Lawyers Can help You Receive Knee Injury Compensation
Receiving knee injury compensation can be tricky due to the severity of the injury, when the accident happened, and proving that the accident was the direct cause. Hiring experienced lawyers from Diamond & Diamond BC can help. Call us today for a consultation.
FAQ
The most common knee injury is knee fracture. Other common knee injuries include dislocated knees and sprains.
The average payout for a knee injury case varies depending on the severity of the injury. For a severe knee injury, you can expect payouts of around $400,000.
You may be able to get disability for a knee injury but only if it impairs your ability to walk.