Type of Knee InjuriesThe type of knee injuries that result from an accident may be as follows:
- Fracturing the kneecap
- Patellar tendinitis
- Anterior cruciate ligament injury
- Bursitis in the knee
- Torn meniscus
- Popping or crunching noises
- Weakness in the knee, making it difficult to walk or keep your balance
- Swelling and stiffness
- Limited mobility
Causes of Knee Injuries You Can Bring to CourtYou can get a knee injury for any reason, but there are limited ways that would allow for a lawsuit. These would include the following:
Slip and FallNo matter where it happens, a slip and fall accident can cause a lot of injuries. If you twist your leg, your knee is likely to become injured, and it may cause other injuries as well. Business environments and residential homes may be liable for accidents that occur on their property. You can check with your Orlando knee injury lawyer to see if your situation meets the criteria for a lawsuit.
Vehicle AccidentEveryone carries car insurance for a reason. When you get into an accident, you may suffer a knee injury and require the help of your insurance coverage. An Orlando knee injury lawyer will negotiate with the insurance company to make sure you are treated fairly. You deserve to have enough compensation to cover any damages that you have suffered.
What Are the Damages in a Knee Injury Lawsuit?When determining how much is enough to negotiate for in a knee injury lawsuit, your attorney will help calculate the various damages you have from your injuries. You likely are dealing with medical bills, other expenses since the accident and possibly even being out of work due to your injuries. This and the other financial expenses are referred to as economic damages. Your Orlando knee injury lawyer will file a claim for economic damages. There are also damages for pain and suffering. Whenever an accident occurs, the mental anguish causes difficulties in enjoying life and participating in the pleasurable activities you once enjoyed. These damages are non-economic because they don't involve expenses or costs, but they still subtract value from your life. Your pain and suffering deserve to be compensated monetarily, and an Orlando knee injury lawyer can help you achieve this. The final category that your attorney may file a claim for is punitive damages. These are only in cases that involve gross negligence or malicious conduct. In Florida, there is a cap on the amount of money you can be awarded. The statute of limitations for punitive damages is up to three times the amount of compensatory damages, or $500,000.
Statute of LimitationsYou must work with your Orlando knee injury lawyer to ensure your paperwork is filed in a timely manner. Under Florida's statutes of limitations, Section 95.11, you only have up to four years from the date of the accident to file a claim.
Negligence Laws in FloridaEvery state has its own way of handling personal injury disputes. However, they must follow the state's statutes in terms of negligence. Florida state operates under Statute 768.81, which is the pure comparative negligence law. Under this statute, the plaintiff can still collect damages as long as they are not 100 percent at fault. However, the award amount will get reduced in proportion to the amount of fault they have in the accident. An Orlando knee injury lawyer will work to prove your contributing fault in the accident was minimal, if at all.
How a Lawyer Will Build EvidenceAn Orlando knee injury lawyer needs to build the evidence, so the judge or jury understands your part in the accident was small or non-existent. They will do this by proving the other party acted negligently. This involves establishing the following three points:
- Establish duty of care - this involves proving the other party had some obligation to not do you any harm.
- Establish breach of duty - this shows how the other person broke the obligation of care by negligence.
- Establish Injuries are linked directly to the accident - the attorney must show that the injuries were a direct result of the accident.