Knee injuries vary in severity and can affect the quality of the victim's life. Whether minor or severe, a knee injury may leave you with pain and problems with mobility. Not to mention the medical costs associated with the treatment of such an injury. You may require medication, mobility aids, surgery, and/or physical therapy for recovery.
You may be able to recover compensation for the economic and non-economic losses you suffered due to your knee injury. A Boca Raton knee injury lawyer can answer your questions about the case and file a claim to fight for the compensation you deserve for your pain and suffering.
Common Causes of Knee Injuries
Knee injuries can happen because of different reasons. The process of recovering compensation for a knee injury partly depends on how the accident occurred. A knee injury lawyer in your jurisdiction will know how to recover damages in your specific case. Knee injuries can occur due to traffic accidents such as car crashes which are very common.
As a no-fault state, Florida requires every driver to turn to their insurer for compensation after a car accident. Being a no-fault state means that recovering compensation is not reliant on who was at fault for the accident. Every driver, therefore, must have a personal injury protection cover. The policy has a $10,000 limit, so if your knee injury costs go above that amount, you can file for compensation against the at-fault driver.
Also, if you suffer a serious injury, you can file a lawsuit against the at-fault party. Under Florida Statute 627.737 (2) serious injury includes:
- A life-long injury
- Severe and long-term scarring and disfigurement
- Serious and long-term loss of a vital bodily function
If you think your knee injury meets the criteria of serious injury, talk to a knee injury lawyer about filing a civil suit.
We Can Help Prove Negligence
Knee injuries can occur because of another party's negligence. For example, you can suffer a knee injury due to a slip and fall accident. This type of accident often occurs because a homeowner or business owner failed to maintain their premises in a reasonably safe condition. Thus, you can file for compensation against them. Many automobile and motorcycle accidents also happen because of another party's negligence.
If your knee injury happened because of the negligence of another party, you can file a claim against them. You will have to prove their liability in the accident that resulted in your knee injury. A significant part of proving liability is demonstrating negligence.
The first step in proving negligence is showing the defendant owed you a legal duty of care. You must also prove that the defendant did not uphold their legal duty. Next, you have the burden of proving that such failure caused your knee injury and other damages. A Boca Raton knee injury lawyer can handle the process of proving negligence on your behalf.
Impact of Comparative Negligence Laws on Your Case
One of the legal questions that most people have when trying to recover compensation is what happens if you were partly at fault for your injuries. Different states give varying answers to this question. In some states, you cannot receive compensation if you bear part of the fault. In other states, sharing fault does not bar recovery.
The state of Florida follows the latter. If you contributed to your injury, you can still recover compensation in Florida under comparative negligence. The insurance adjuster or court will calculate your percentage of fault. Then, your settlement gets reduced by that percentage. For example, the court or insurer may find that you were 30% at fault.
Your damages may be worth $300,000. But since you are 30% at fault, you will receive 70% of the total damages which is $210,000. The defense may try to pin more blame for your knee injury on you. This tactic helps them reduce their liability and thus the amount they have to pay as damages. A knee injury lawyer can defend you in regards to the amount of fault you shared thus safeguarding your compensation.
A Lawyer Can Help Recover Compensation
The losses you suffer because of a knee injury may often extend beyond current medical costs. For example, you may need long-term physical therapy and additional surgery. You can recover future medical expenses which will serve to ensure you do not pay for medical expenses out of pocket in the future. A knee injury can keep you from going to work in many various ways.
You may need to go to doctor's appointments during workdays or take time off work as per the physician's orders. All these instances make you miss work and the associated wages. You can receive compensation for these lost wages you are entitled to or, for lost earning capacity if your knee injury makes it impossible to work the same job and you have to find a different lesser paying one.
Damages for lost earning capacity also apply if you cannot work any longer. Some non-economic damages you can recover include emotional anguish, as well as pain and suffering. A lawyer can tell which damages you qualify for and how much they amount to. A knee injury attorney can also help you pursue compensation for those damages.
Contact the Dolman Law Group Today
Reaching out to a Boca Raton knee injury lawyer from the Dolman Law Group is a good way to safeguard your ability to recover damages. We can fight for your right to get compensated, deal with the insurance company and take the case to court for you if necessary. To get a free consultation, do not hesitate to contact the Dolman Law Group today.
Dolman Law Group Accident Injury Lawyers, PA
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431