If you or a loved one has had a car accident-related knee injury you probably want to know how much you can settle your claim for. In the following, we'll explore knee injury claims in depth so you'll be informed and get the most out of your claim.
Let's get started….
The most common types of car accidents that cause knee injuries are sideswipes, head on impacts and rollover collisions. The injuries themselves tend to fall into a few major categories.
In many accident scenarios, the knee slams into the dashboard or gets contorted at an awkward angle. This is generally called “dashboard knee”, it's very common, and can lead to any injury mentioned above.
A study by DA Nagel, et al, reviewed 74 car accidents which contained 222 occupants. Of these people, 57 of them sustained a total of 69 injuries to the knee from crashing into the dash . So as you can see it's relatively common.
A seat belt won't necessarily save you from bashing your knee in a car accident. When it comes to the dynamics, impact with the dashboard causing injury to the patella or knee ligaments is causative factor number one.
Symptoms are going to depend on the nature and severity of each individual injury. But when it comes to dashboard knee one of the most common problems is a tear in the posterior cruciate ligament (PCL). Symptoms of this injury include .
There are of course many other ways a knee injury can manifest itself. Be on the lookout for symptoms such as:
In many cases, an MRI or X-ray is required to properly assess a knee injury. After an accident make sure you take it easy on your knee and get into a doctor as quickly as possible. This is good for you and good for your claim.
Knees are such a common injury that insurance companies will sometimes deny or contest a claim on the basis of a preexisting condition. If you've previously had knee injuries it may make your claim more difficult .
After the accident be sure to get a copy of the car accident report, get seen by a doctor, and notify your insurance company. You can call or email them and they will have an intake process to run you through.
Depending on the circumstances you can claim against your own insurance policy (and let them launch a subrogation claim) or you can pursue the other party directly. This decision may also be made for you depending on which state you live in (no-fault or fault).
Your claim also hinges on liability aspects and proximate cause (reason for your injury).
Let's assume the other party is at fault, you'll need to demonstrate that they violated their duty of care, a traffic law or otherwise acted in a negligent manner. This isn't that hard but it takes a bit of effort.
Here are 4 key things to focus on.
These are all things your insurance adjuster will likely be doing, but it's good to be aware of them. You are always your own best advocate.
Now that we've reviewed some basics, let's get to the bottom line. How much is your claim actually worth?
There is no exact formula for determining this but there are some key factors that will help you ballpark things.
The two biggest factors when it comes to valuing your claim are the severity of the knee injury and the odds that a jury would rule against the other party. The first factor plays a role in that it determines medical expenses (medications, surgery, physical therapy, etc) and associated damages (pain and suffering or lost wages).
The second factor plays a role in that it determines how strong is your negotiating position.
The average cost of a few common knee treatments are as follows:
As you can see a wide range. The same holds true when you look at examples knee injury claim settlements.
With the right approach figuring out the value of your knee injury claim isn't that hard. Ensuring you are fairly compensated comes down to advocating for yourself or in some cases hiring an attorney to represent you. Just remember.
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