Knee Injury in a Car Accident: Can You Sue?

A knee injury can have a significant impact on your life. Most times, it means you won’t be able to work, drive, or participate in sports activities. But, if you suffered a knee injury in a car accident, you might wonder if you can sue with the help of the best auto accident lawyers Douglasville offers.

Many things could result in a knee injury, and we’ll be exploring them in this guide. We’ll explain if you can sue after your auto accident and the different types of knee injuries that can occur after an auto accident. So, keep reading.

Types of Knee Injuries You Can Sustain in an Auto Accident

A difficult aspect of knee wounds is the difficulty in detecting, treating, and assessing them. Unlike broken bones, there’s no outward visible injury causing pain in your knee. Furthermore, there are several knee injuries, some of them include:

  • ACL Injuries: You can suffer knee injuries due to damage to the anterior cruciate ligament. This is a primary ligament connecting the shinbone to the thigh bone. When the leg is suddenly wrenched, it could result in a knee injury.
  • Bursitis: Bursitis is caused by the inflammation of the small sacs of fluids within the knee called bursae. These sacs allow the tendons around the knee to glide smoothly without resulting in friction. The inflammation of these bursae can result in a painful knee injury.
  • Bruising: Bruising during impact in a car accident can result in knee pain which could eventually result in inflammation of the knee. However, there are times when the pain clears up on its own.
  • Fractures: You can suffer a knee fracture in a car accident. A common fracture involving the kneecap is the patella fracture.
  • Torn Meniscus: The cartilage that rests between the thighbone and the shinbone is known as the meniscus. When this cartilage is torn, it could result in severe pain when you put any weight on your knee.
  • Tendonitis: This is the inflammation in the tendon connecting the bones and muscles. For example, when a car accident occurs, there could be an impact on the tendons connecting the kneecap. Damaged tendons could result in lasting knee pain.

Can I Sue After a Knee Injury Compensation Claim from a Car Accident?

Yes, you can sue the fault party after sustaining a knee injury in a car crash. But first, you can seek compensation from the driver and their insurance company. This compensation covers pain and suffering and other losses. Furthermore, a claim ensures you’re financially covered after your car accident.

The best auto accident lawyers Douglasville offers can help you assess your knee injury claim to determine your chances of success. The  lawyer will have to prove that:

  • The negligent driver owed you a duty of care
  • Their negligence resulted in the car accident
  • The car accident resulted in your knee injury

If your auto accident lawyer cannot convince the insurance company and the at-fault driver to offer a fair settlement based on your injuries, you can sue the party who caused the accident. By taking the case to court, the judge and jury determine who caused the accident, the value of your case, and how much the negligent party has to pay.

Unlike a settlement negotiation, you don’t have as much power to accept or reject an offer when you file a lawsuit. However, it might be the only way to secure maximum compensation for your losses. You can sue for pain, suffering, and economic damages like medical bills, lost wages, and future medical costs.

How Much Compensation Can You Recover for a Knee Injury Lawsuit?

The severity of your knee injury determines the compensation you can receive for a knee injury. For example, you might receive a few hundred dollars as compensation for a simple, temporary knee injury. On the other hand, a more severe, permanent injury could result in thousands of dollars as compensation.

Every knee injury is unique. Therefore, there’s no real way to determine the worth of your knee injury lawsuit. However, the best auto accident lawyers Douglasville offers can review your injury lawsuit and provide you with an estimate of what to expect. Your compensation would usually cover economic damages like medical costs, lost wages, care costs, travel expenses, and more. In addition, it includes non-economic damages like emotional distress, pain, suffering, etc.

Relevant Evidence to Win Your Knee Injury Claim

When you sue the at-fault driver, you’ll need enough evidence to convince the judge and jury that the driver was negligent. So, here are the different types of evidence you can collect to support your case, and some of them include:

  • Medical Records: Your medical records are essential evidence that could prove you sustained a knee injury in a car accident. Thus, visiting a hospital immediately after a car accident for assessment and treatment is vital.
  • Photos: Taking pictures of the accident scene and your injury would be valuable in proving what happened. So, ensure that you take photos of the vehicles, road and general surroundings.
  • Witness Statements: If there were witnesses at the accident scene, get their contact details. Your auto accident attorney can contact them later to get a statement of what they witnessed.
  • Accident Reports: The police usually investigate accidents and release their report (findings) on the crash, explaining the cause of the collision. By law, you can request a copy of this report to prove who was negligent in the accident.

Finally, keep receipts of expenses you incurred after your accident concerning your knee injuries. This is helpful because you can add them to the value of your case.

How Long Do I Have to File a Knee Injury Claim?

There are deadlines to file a lawsuit after an auto accident, called the statute of limitations. Knowing the statute of limitation for filing a knee injury claim to protect your right to compensation is essential. If you miss the deadline, you lose the opportunity to recover compensation.

Georgia has a two-year statute of limitation. Although two years sounds like a long time, much work needs to be done to properly prepare for your case. That’s why it’s best to seek legal advice from experienced auto accident lawyers in Douglasville immediately after your accident.

Work with Douglassville Injury Attorneys Today

Knee injuries are much more than just an inconvenience. The severe pain can limit your ability to make a living, drive or enjoy life. Additionally, treatments and dealing with the complications resulting from the knee injury can rack up a bill.

Luckily, Hartley, Rowe & Fowler Law Firm can help you deal with these bills by pursuing an insurance claim or knee injury lawsuit on your behalf. In addition, we offer a free consultation to discuss your knee injuries and the best step for you. So, contact our Douglasville injury attorneys today.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit

Read More Related Articles