The knees are very prone to injury, like tears and fractures, due to the amount of pressure that’s placed on them every day. As a result, the joints, cartilage, muscles, ligaments and tendons that make up the knees wear out over time. But damage to the knees can also happen from an accident, like car collisions and slip and falls. When there is blunt force trauma or strain to the knee, you can be left with serious, lifelong damage.
Treatment options are available to help you with a knee injury, including a knee replacement or bilateral knee replacement. Unfortunately, these procedures cost tens of thousands of dollars, and that’s just for the surgery. Afterwards, you will need physical therapy, medication, and other medical treatments. All the while, you will need time off from work, which can cause a major deficit in your finances. You are not the one who should be burdened with these costs when another party’s negligence caused you bodily harm.
Our attorneys can educate you on your rights, as well as the legal actions that are available to you if you suffered an accident that caused injury to one or both knees. Call us right away to speak with a lawyer experienced in knee injury accident cases.
What is Knee Replacement Surgery?
A knee replacement or total knee replacement is a form of surgery that reconstructs or replaces the entire knee. If both knees need to be replaced, the procedure is known as a bilateral knee replacement surgery. Most injuries to the knee can be repaired with arthroscopic knee surgery, which has less severe complications that a total knee replacement. Thus, knee replacement surgery is a last resort for serious injuries that cannot be repaired. As a result, your doctor will recommend a complete replacement of one or both knees.
A knee replacement or bilateral knee replacement may be needed for the following injuries:
- Shattered or fractured kneecap
- Damage to multiple tendons and ligaments
- Severe damage to the knee joint
- Severe pain in the knees, even when you’re sitting / resting
Recovering from knee replacement surgery takes around a few months on average, but it can be longer based on your age, pre-existing health condition, and post-surgical complications. During the recovery period, you will struggle with basic tasks like walking or going up the stairs. Even with additional surgery and physical therapy, it’s possible that you may not regain the full range of motion you had prior to the accident.
We find that most patients require on-going medical care and pain medications, as well as therapy to deal with their losses as a result of their accident. Some of them were forced to give up successful careers or stop doing many of the activities they enjoyed prior to the accident. Others struggled with intense psychological symptoms due to PTSD and other mental health disorders. These treatments are expensive, so it’s essential to start the claims process and demand compensation from the responsible party.
Our Recent Verdicts and Settlements
$22 Million
$2.25 Million
$1.5 Million
$1.1 Million
$734,851
$2.3 Million
What kind of Accident Cases Necessitate a Knee Replacement?
As previously stated, a knee replacement is reserved for the most serious damage to the knees. Your doctor will consider all the available treatments and prescribe the least invasive course of action. However, a knee replacement surgery may be the best option if you have extensive damage or on-going pain that cannot be alleviated any other way. A knee replacement procedure may be necessary after the following accidents:
- Slip and fall or trip and fall
- Car accident case
- Truck accident case
- Uber / Lyft / rideshare accident case
- Bus / train accident case
- Motorcycle accident case
- Pedestrian / bike accidents / hit and run
- Workplace injury case
If your accident was caused by another party’s negligence or misconduct, whether that be an individual, company, or government entity, you may be entitled to monetary compensation for the harm you’ve suffered. We also have lawyers experienced in workplace injuries if you need help with a workers’ compensation case. If you’re interested in recovering maximum payment for your injuries, don’t hesitate to give us a call.
Factors that Impact the Value of Your Case
Before we talk about how much a knee replacement surgery lawsuit is worth, it’s important to understand the elements that affect the value of your case. Of course, the severity of your injuries is a major factor, but we also need to examine:
- Medical expenses – this covers much more than the initial cost of treating you injuries. You may need future surgeries, physical therapy, medications, etc. to manage long-term of lifelong complications.
- Missed time from work – most victims need to take time off from work due to medical needs following their accident. Some of them may be unable to work for months, or maybe for the rest of their lives, depending on the severity of their injuries. Lost wages, future lost wages, and lost earning potential are forms of compensation that can make up for the loss of this income. By the way, you can be reimbursed for more than your salary or hourly rate. If you were forced to use PTO (personal / sick / vacation days), you can ask to be reimbursed for those as well.
- Emotional trauma – non-economic damages, like pain and suffering and emotional distress are critical in a settlement award, due to the trauma that victims experience after an accident. As a result, victims may struggle with mental health symptoms, including flashbacks, panic attacks, insomnia, depression, and PTSD.
- Negligence by the at fault party – the type of negligence and the degree to which it was harmful / irresponsible can certainly affect the amount of damages you are entitled to. If the negligence or misconduct was especially outrageous, you may be awarded punitive damages, which are a form of compensation that’s meant to punish the defendant. This can be a very significant sum of money, as California does not limit the amount of punitive damages that can be awarded to an injury victim.
What is the Average Case Value of a Knee Replacement Lawsuit?
First, we want to stress that settlements for a knee surgery case vary widely, due to the factors we’ve mentioned in the previous section. Still, we’ve settled a great number of these claims over the years, and we would say that the most clients receive around $150,000 to $1.25 million on average. Keep in mind that these are serious injury cases, and multiple surgeries may be required, along with many months of physical therapy and time off from work. The physical pain and emotional trauma can be quite intense, and this will likely affect many areas of your personal and professional life.
Insurance companies know this, but they will not make it easy for you to obtain the funds you deserve. Instead, they will look for ways to deny your claim or pressure you into a low settlement offer. They do this through a variety of manipulation tactics, which most victims fall for because they are mentally vulnerable after a serious accident. Always remember that an insurance adjuster is not your friend, no matter how friendly and empathetic they may seem over the phone. To protect your interests, please speak with a personal injury lawyer as soon as possible if you’ve sustained a knee injury due to someone else’s negligence.
Knee Injury Verdicts and Settlements
Now that we’ve talked about the average range of values for these cases, let’s look at some real-life examples of verdicts and settlements from previous knee injury claims.
- $101,000 for a California plaintiff, who was struck by a reckless driver. He sustained multiple injuries, including a knee fracture, which required him to undergo a bilateral arthroscopy.
- $191,000 settlement in a case involving a New Jersey woman who broke her left knee while walking to a train platform. She successfully proved that NJ Transit failed to maintain safe conditions on the premises, which caused her to undergo two knee injuries and miss 2 months of work.
- $375,000 settlement for a New York construction due to injuries to his neck, back, and both knees after being in a head-on collision with another vehicle. Over a period of two years, the victim had multiple surgeries, including three procedures on his knees.
- $460,000 was awarded by jury verdict for a man who was struck by a car and left him with a torn meniscus. He was left with permanent pain, even after surgery, which made him unable to walk for prolonged periods.
- $1.1 million verdict for a Maryland plaintiff who sustained serious injuries to his right knee, leg, and shoulder after he was T-boned at an intersection. As a result, he has difficulties with basic functions, like walking, sitting, and standing.
These examples should give you a sense of what can be recovered from a knee replacement lawsuit. However, each case has its own set of unique factors, meaning your own case value may be lower or higher than the cases listed below. Our attorneys are ready to assist you if you’re interested in figuring out the damages you’re entitled to. Just give us a call to schedule a free case review.
How long does it take to Settle a Knee Replacement Injury Case?
Settling your claim as fast as possible is our number one goal, as we understand the importance of moving forward from your accident. However, there are great variations in case settlement timelines due to circumstances that are specific to each claimant. In some cases, we can resolve a knee injury case in just 30 days, though 6 to 8 months is a more realistic timeline. But the length of time to get paid on a case generally increases when severe, lifelong damage is involved. If, for example, your knee is damaged to the point where you are compromised in your ability to work, your compensation is likely to be in the $500,000 to over $1 million range. These cases often take 12 to 18 months to settle, or they’ll proceed to a lawsuit, which can take around 2 or more years to resolve.
What is the Statute of Limitations to File a Knee Replacement Lawsuit?
The statute of limitations is the amount of time that you are given to pursue a legal case against a party that has harmed you. As a general rule, personal injury lawsuits in California must be filed within two years of the accident date. Exceptions can be made in rare cases, like if you were a minor at the time of the injury. In that case, you have two years from the date you turn 18 to file a lawsuit. As most people will not qualify for an extension, you must take action right away on a knee injury compensation claim. Please contact our office to initiate the legal process with one of our attorneys.
Come and See us for a Free Second Opinion
Our law firm can help you, even if you have an active knee replacement claim with another attorney. It’s not unusual to question the advice your lawyer is giving you, or feel insecure about their ability to win your case. This is particularly true if they’re never available to speak with you or give you vague, evasive answers to your questions. A second opinion from one of our legal experts will help you understand your legal options, though acting on those options is ultimately up to you. These consultations are completely free, so please take the chance of scheduling a second opinion at our office.
The Accident Injury Lawyers of Normandie
An unexpected injury has devastating effects on the victim, as well as their loved ones. Money can’t make up for all that you’ve lost, but you should not have to face financial hardship when another individual or entity is responsible for your accident. Compensation from a knee injury lawsuit isn’t just about money; it’s about justice and the resolution you need to move forward with your life.
The lawyers of Normandie have decades of experience in the recovery of personal injury settlements. We have the methods to build a solid case and bring you the settlement you deserve. No matter how much we put into your case, legal fees is one thing you’ll never to worry about. Whether you have just been injured or you are interested in continuing your lawsuit with us, you’ll be offered a Zero fee guarantee. You pay absolutely nothing to hire us, as we bill the party you are suing for our expenses. We wait till the end of your case to receive payment, and if we don’t win, you won’t have to pay us a single penn.
If you’re ready to discuss your rights and legal options with one of our lawyers, contact Normandie Law firm and schedule a free case evaluation.
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