Knee injuries can result from falls and significant impacts from heavy objects. If you sustain such harm, you might experience a limited range of motion based on the severity. Serious injuries can lead to permanent disability and the need for assistive care.
If you have suffered a knee injury, you might decide to contact a New Port Richey knee injury lawyer to find out what legal options are available to you. A lawyer can help you identify the liable party responsible for your injury and file a claim against them. Read on for more information regarding knee injuries and recoverable damages.
Establishing Knee Injury Liability
Knee injuries may occur because a particular party did not exercise their duty of care. For example, you may sustain such physical harm when a distracted motorist hits your vehicle. Or you get injured due to the lack of protective equipment on a construction site.
A New Port Richey knee injury lawyer will gather facts related to your case to establish liability. They may decide to interview witnesses at the scene where you sustained physical harm or use a police report to determine liability for your knee injury. This report can be very helpful if you previously reported the incident to authorities and issued a detailed statement.
A police report for knee injury may contain information about the incident leading to bodily harm. It may also mention who the police concluded was liable based on their investigation. Other methods a New Port Richey personal injury lawyer can use to establish liability are:
- Studying video surveillance footage
- Analyzing your medical records
- Studying images taken at the accident scene
If you sustained a knee injury due to a slip and fall accident, your lawyer would use different methods to determine fault. First, they will work to identify the issues leading to the incident. They will then confirm if the building manager or owner took the necessary precautions to ensure your safety; such as placing hazard signs, installing the appropriate flooring, and replacing damaged stair railings.
Filing a New Port Richey Knee Injury Claim
When your attorney identifies the party accountable for knee injuries, they will start the claim process. First, the lawyer will gather evidence proving the following factors needed for your case:
- A duty of care
When your attorney establishes these factors, they will draft a demand letter on your behalf. The lawyer will detail the injury and mention the incident leading to the harm here. Further, they will explain how the case relates to negligence on the part of another party. A demand letter will also include the damages you seek from the liable party and their approximate value.
The next step in filing a New Port Richey knee injury claim is sending the demand letter. The recipient can either be the liable party or their insurance company. You can also seek damages from your insurer if the incident causing physical harm was your fault.
Negotiating a Knee Injury Settlement
Insurance companies often respond with a settlement offer after receiving a demand letter. In most instances, they provide an amount lower than the value of damages. The insurance companies may also deny fault and fail to provide reimbursement. A New Port Richey knee injury lawyer will determine if the settlement offer is fair. They will then advise you on whether or not to reject it if the amount is lower than what you deserve.
The attorney may then meet with adjusters to negotiate a higher amount. They will most likely need to gather more evidence of all damages caused by the knee injury and present it to insurers. If a company fails to increase the compensation to the desired amount, your lawyer might advise you to file a lawsuit.
Partial Liability for New Port Richey Knee Injury
While most New Port Richey knee injuries occur due to another party's negligence, you can also contribute to some damages. For instance, you will be partially liable if you were speeding before a car accident. Insurers may also deny full reimbursement if you did not get medical care leading to infection.
A New Port Richey personal injury lawyer will determine if you are partially liable. After that, they will gather evidence proving that another party also contributed to the incident. This measure can help you recover compensation reduced by your percentage of fault.
How a New Port Richey Knee Injury Can Help
A New Port Richey knee injury lawyer can help you in many different ways as you file a claim or lawsuit. First, they will calculate the damages resulting from physical harm. The attorney may work with a physician to assess your condition during this process. This measure helps them determine if the injuries will have future effects.
Another way a New Port Richey lawyer will assist is by advising you on legal matters. For instance, they may guide you on dealing with an insurance adjuster when contacted. The lawyer can also mention mistakes that might void your case and ways to avoid them. More ways a New Port Richey attorney may help with a knee injury case are:
- Filing your injury claim within the statutes of limitations
- Identifying non-economic damages
- Obtaining court orders
- Providing case updates
- Ensuring you understand Florida personal injury laws
Damages You Can Claim for a Knee Injury
A knee injury can lead to a wide array of damages. For example, it can cause a loss of enjoyment by making it hard to enjoy activities you use to enjoy before your accident. You may also experience mental health injuries due to stress resulting from financial challenges. A New Port Richey lawyer will help you seek compensation for such damages from the party at fault. Other items they may include in your claim are:
- Lost income and wages
- Physical pain
- Loss of consortium
- Medical costs
- Physical impairment
Contact Dolman Law Group
A New Port Richey knee injury lawyer can represent you as you file a claim or sue a liable party to receive the compensation you deserve. At Dolman Law Group, we have personal injury attorneys to help you establish fault for a knee injury. Do not hesitate to contact the Dolman Law Group today for a free case review.
New Port Richey Office
5924 Main St
New Port Richey, FL 34652