When you get a knee injury due to an accident, it can create a lot of hassles for your life. Not only are you in significant pain, but your life may now require some modifications. You rely on your knees to walk comfortably, and when they are damaged, it can cause limited mobility. You may not be able to work, do your chores, or get around very easily.
When a knee injury occurs because of an accident, you do have options for recovering the damages you have incurred. A San Antonio knee injury lawyer can help you start the process by filing the appropriate paperwork. They will research the case, build the evidence, and file the proper claims on your behalf.
Common Knee Injuries
The type of knee injury you may incur will depend on what occurred in your accident. The following is a list of common types of knee injuries:
Fractures - A fracture is the same as a broken bone. Although it may seem unusual, you can break the kneecap (patella). You can get a fracture in a variety of settings, such as a car accident or a slip and fall accident.
ACL injury – A torn anterior cruciate ligament (ACL) involves one of the four ligaments that connect the shinbone to the thighbone.
Torn meniscus - The meniscus is located between your shinbone and thighbone. It includes the tough, rubbery cartilage, and its purpose is to act as a shock absorber between the two.
Patellar tendinitis - The patellar tendon runs from the kneecap to the shinbone and when it is inflamed, you can get tendinitis of the patellar. If so, it will restrict your movements.
Knee bursitis - You may get a secondary condition with a knee injury. Knee bursitis is an inflammation of the bursae. This area in your knee is near the knee joint. Symptoms will vary depending on what your condition is. Some of the following symptoms, ranging from mild to severe, include:
- Knee is red and warm to the touch
- Popping noises
- Crunching noises
- Weak and instable
- Swelling and stiffness
- Limited movements
Can I Sue Over a Knee Injury?
The question that is probably pressing most on your mind is whether you can file a lawsuit to recover damages for your injuries. The main causes you could seek recoverable damages in a lawsuit include:
When you get into a car accident, you are sure to acquire some injuries. Some people become seriously harmed in a car accident. The legs are prone to getting smashed while in a vehicle accident. When this happens, it can damage the knee, causing some of the issues mentioned above. You can file a claim when you are in a car accident as long as the negligence of the other party is significant.
Slip and Fall Accident
If you are on someone's property and suffer a slip and fall accident, you can seek compensation for your injuries. You may have twisted your knee or fractured it, which will need treatment. A lawsuit can help pay for the damages.
Recoverable Damages in a Knee Injury Lawsuit
You may be receiving plenty of bills in the mail by now if you've been injured due to an accident. This can add more challenges to what you are already going through. These monetary losses are just the beginning of what you may have when it comes to economic damages. You might be out of work or even have long-term injuries, extending your time away from work.
You also may have non-economic damages that involve pain and suffering, among other things. You may not be able to engage in certain activities like you did before. You may have a loss of time with others due to your injuries, and this can cause mental anguish.
In some instances, there could be punitive damages. This is not as common, but if the other party acted with gross negligence or malice, then you could seek those types of damages. A San Antonio knee injury lawyer will help you in moving ahead with seeking any and all the damages available.
Statute of Limitations
When filing a claim, you have a certain timeframe in which to do so. Texas Civil Practice & Remedies Code section 16.003 indicates that when filing a civil action that involves personal injury, you have up to two years from the day of the incident to file it.
Texas uses a modified form of comparative negligence (also known as "proportionate responsibility" in Texas). Texas Civil Practice and Remedies Code - CIV PRAC & REM § 33.001 outlines the way the negligence laws work in Texas. A plaintiff may recover damages as long as they are no more than 50 percent at fault. If it is determined that you are 49% or less at fault, then you can file for damages.
Additionally, the award is reduced by the percentage of fault you are assigned. As you can see, it's vital to have your fault minimized, which a San Antonio knee injury lawyer will help to establish.
Contact a San Antonio Knee Injury Lawyer
You can contact a San Antonio knee injury lawyer and get started filing the paperwork to collect the recoverable damages. At the Dolman Law Group, we have experienced attorneys ready to assist you with your case. They've handled many cases over the years, winning millions of dollars for their clients. A San Antonio knee injury lawyer will negotiate a fair settlement for you.
You can obtain a free case assessment when you get in touch with a San Antonio knee injury lawyer. You don't have to pay any upfront fees until the case is won. Contact our office today and schedule your appointment for a free consultation with a San Antonio knee injury lawyer.
San Antonio Office
921 S St Mary's St #2
San Antonio, TX 78205
Phone: (210) 361-2039