Knee injuries can be painful, expensive, and disruptive. They often require extensive medical intervention and keep you from working or participating in your favorite activities. If someone else was to blame for your knee injury, Virginia law allows you to seek compensation from them through a personal injury claim.
What Can Cause a Knee Injury?
Knee injuries can occur from repeated strain over time or sudden trauma. Some of the most common causes of knee injuries in Virginia include:
- Car accidents
- Slip and falls
- Work-related accidents
- Sports accidents
- Overuse or repetitive motions
- Twisting or turning the knee awkwardly
- Direct blows to the knee
- Falls from heights
- Inadequate or worn-out footwear
What Are the Hardest Knee Injuries to Recover From?
Certain knee injuries are notoriously challenging to recover from due to their impact on mobility and the extensive rehabilitation they require. Here are some of the most severe knee injuries, according to the American Academy of Orthopaedic Surgeons:
- Torn anterior cruciate ligament (ACL) – The ACL provides structural and rotational support. A tear can make it challenging to walk or bear weight. These injuries often require surgical intervention and extensive physical therapy. The recovery time is typically six to nine months, though it can be longer if surgery is necessary.
- Patellar fracture (broken kneecap) – The kneecap is necessary for knee extension, and a fracture can severely limit mobility. Surgery is often required if the bone fragments are displaced. It can take anywhere from six weeks to several months to recover from a patellar fracture, depending on its complexity.
- Torn meniscus – The meniscus acts as a cushion between the femur (thighbone) and tibia (shinbone). A tear can cause pain, swelling, and limited range of motion. Surgery may be required, especially if the tear is significant or in an area with restricted blood flow. The recovery period is anywhere from six weeks to three months – potentially longer if surgery is needed.
What Treatments Are Typically Used for Knee Injuries?
Some of the most common treatments for knee injuries include the following:
- Rest
- Ice
- Compression bandages or braces
- Elevation
- Physical therapy
- Anti-inflammatory medications
- Pain relievers
- Corticosteroid injections
- Arthroscopic surgery
- Ligament reconstruction surgery
- Joint replacement surgery
What Factors Affect the Value of a Knee Injury Case?
If someone else caused your knee injury, Virginia law holds that they should be responsible for compensating you for the harm you suffered. Several factors will affect the dollar amount you could be able to recover, such as:
- Severity of the injury – The more severe the injury, the higher the potential compensation due to increased medical costs and the long-term implications on your life.
- Extent of lost wages – Missing work due to your injury can entitle you to recover lost income. The more work you’ve missed, the more compensation you could be owed.
- Impact on quality of life – Reduced mobility and activity limitations can raise the value of your claim.
- Future earning capacity – You can also seek compensation for the long-term negative effects the injury might have on your career and earning potential.
- Pain and suffering – This covers both the physical pain and emotional turmoil you experienced because of the injury. The worse the pain you suffer, the more compensation you will need to make it right.
- Liability – The more evidence you have showing the other party is to blame for your injuries, the greater your claim’s potential value.
What Is Needed to Prove a Knee Injury in a Lawsuit?
In order to recover compensation for your knee injury, you will need to prove that someone else is to blame for it and put a dollar figure on the harm you suffered because of their behavior. Doing so requires considerable evidence, which might involve any of the following:
- Medical records – These provide documentation of your injury, the treatment you received, and your future medical needs.
- Photos from the accident scene – Capturing the incident’s environment can highlight hazards or negligence that led to the injury.
- Witness statements – Eyewitness accounts can corroborate your version of the events leading to the injury.
- Surveillance footage – If available, video evidence can offer an objective view of the incident occurring in real-time.
- Expert testimony – Medical professionals can testify about the severity of your injury, the treatment it requires, and the long-term effects it might cause. Economists can establish the financial cost associated with them.
- Income and wage statements – Proof of lost wages and potential future earnings losses can show how much earnings you’ve missed out on while being unable to work.
- Pain diary – A record of daily pain levels and limitations can provide insight into the injury’s ongoing impact on your life and outlook.
- Receipts for out-of-pocket expenses – This can include costs for medications, crutches, or other related expenses incurred due to the injury.
What Are Some Common Elements of a Knee Injury Settlement?
A knee injury settlement can include compensation for many physical, emotional, and financial losses, including:
- Medical expenses, including future treatments you need
- Lost wages and reduced future earnings
- Pain and suffering
- Emotional distress
- Lower quality of life
Is There a Cap on Damages for Personal Injury Lawsuits?
Generally speaking, there is no cap on the compensation you can recover for the financial and non-financial losses you suffered from a knee injury. However, Virginia does have a cap on punitive damages set at $350,000 by Virginia Code § 8.01-38.1. Punitive damages are meant to punish defendants for especially reckless or dangerous actions, not make up for your losses. You can still recover significant compensation even without punitive damages.
Does Virginia Have a Statute of Limitations for Filing a Personal Injury Lawsuit?
Virginia Code § 8.01-243 gives you two years from the date of sustaining a knee injury to file a claim against those to blame. Waiting too long to act could jeopardize your case or make it harder to recover full compensation, so speak to a lawyer immediately.
Contact a Virginia Personal Injury Lawyer Today
A knee injury’s physical, emotional, and financial toll is significant. You should not have to pay the costs of an injury you didn’t cause. Get help from a driven and experienced legal team that can help you demand full compensation for what you’ve suffered. Call Marks & Harrison today or complete our contact form for a free consultation.
