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Knee Injury Attorney in San Diego, California
Knee injuries tend to be significantly more intricate and sophisticated than other injuries, which may be readily managed or not even require treatment. Even a wholly recovered knee may feel different for the rest of your life or cause you to walk with a tiny limp. Regardless of the type of carelessness that caused the knee injury, the insurance company will create an argument to dispute the legitimacy of your claim.
Our knee injury attorney in San Diego, CA, at Benner Law Firm, will help you understand your legal options. We seek to hold the at-fault parties accountable for your severe injuries while recovering the total and fair compensation you deserve.
Why Do I Need a Knee Injury Attorney in California?
It would be best if you had our San Diego knee injury attorney, who is experienced in these types of personal injury claims. Initially, the most critical factor is obtaining appropriate medical care. You must get medical attention if you have knee discomfort immediately after your accident. At your initial doctor’s consultation, you must inform your physician that your knee injury was caused by a car accident. Suppose you do not disclose to your doctor how you received the damage. In that case, it will not be recorded in your medical records (which the insurance companies use to substantiate their initial offer).
We battle against insurance companies who do not take knee injuries seriously enough. Our team of seasoned attorneys has litigated and settled several knee injury lawsuits at the Benner Law Firm. Contrary to their empathetic advertisements, insurance companies do not consider your best interests. In truth, insurance adjusters are employed to “adjust” (typically to the lowest possible monetary amount) the value of your claim. This requires inventing several reasons why your knee injury has no bearing on your claim.
What Are the Typical Causes of Knee Injury?
Motor Vehicle Accidents
The chance of an accident increases when drivers disobey traffic regulations or participate in dangerous activities while behind the wheel. Examples include:
- going too quickly or too quickly for the conditions
- driving under the influence of illegal drugs or alcohol
- failure to yield
- distracted driving, including texting, using a cell phone, eating, and grooming
Accidents Involving Bicycles and Pedestrians
Injuries to pedestrians and drivers of non-motorized vehicles are sometimes the result of the same irresponsible actions by motorists. Pedestrians and bikers risk suffering severe knee injuries without a sturdy metal barrier.
Accidents Involving a Slip or Fall
The owners and managers of restaurants, retail, office buildings, housing complexes, and other assets are obligated to maintain a secure environment. Slipping, tripping, or falling can result in knee injuries due to hazardous situations and unknown dangers.
Although players choose to engage in contact sports, they may be eligible for compensation if their knee injuries were caused by negligent behavior or risks that should have been anticipated by those in charge of the associated facility or equipment.
Accidents on the job can result in bodily damage, particularly in the construction, transportation, and shipping industries. If someone other than your employer was responsible for your knee injury at work, you might be eligible for additional compensation through a third-party claim.
What Are the Common Knee Injuries?
A variety of painful and severe knee injuries can result from impacts. They consist of the following:
- Torn Ligaments. Tears of the ACL, PCL, or MCL are frequently excruciatingly painful and impose severe patient restrictions. Consider that players in peak physical condition and athleticism are sometimes sidelined for entire seasons due to knee ligament injuries. The remainder of us will be affected far more severely.
- Broken Patella. A fractured kneecap can manifest in several ways. The kneecap is technically fractured, but nothing has shifted out of position in the best-case situation. You will have to immobilize it till it heals. In the worst-case case, bone pieces have displaced, necessitating surgical intervention.
- Knee Dislocation. If your knee swells instantly and you cannot utilize it or put weight on it, you may have a dislocated knee. This is a severe condition, and you will require a doctor to reposition the knee and treat any subsequent injuries caused by the dislocation.
- Injury to the Muscle. Although unpleasant, muscular strains and sprains are relatively minor knee injuries. As long as you receive adequate rest and don’t immediately return to your usual routine, you may require minimal assistance to recover from this.
- Cartilage Injury. The menisci of the knee prevent the bones from directly rubbing against one another. You may experience severe pressure on your knee bones if this cartilage is damaged.
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What Are the Potential Consequences of Knee Injuries?
Victims with serious knee injuries may experience the following consequences:
- permanent loss of knee functionality
- chronic aches
- limited motion range
- blood vessel injuries
How Does One Recover From a Common Knee Injury?
When knee injuries are severe, victims may require years to heal. Some victims never fully recover. Even slight injuries can interrupt a person’s life for weeks or months. Depending on the degree of your knee injury, you may need to refrain from walking, playing sports, and engaging in other activities that place stress on your knee. If your occupation is physically demanding and requires you to be on your feet, you may be unable to work while healing from a knee injury.
Other serious injuries require surgery, and some victims must wear a brace or engage in lifelong physical treatment.
Who Can Be Held Liable for My Knee Injury?
The parties liable for knee injuries differ based on the accident’s cause. Our skilled knee injury attorney in San Diego, CA, will investigate the accident’s details to determine who is at fault. For instance, if you were injured in a vehicle accident, you might use our car accident attorney to file a claim against the driver.
Similarly, if you had a knee injury at work or due to a slip and fall, our knee injury attorney would file a claim against the responsible party. We will need sufficient proof for our San Diego knee injury attorney to pursue claims against the liable party. The evidence should demonstrate that the at-fault person caused the accident and that the accident caused the injury.
We can review your accident and assist you in developing a solid case to establish that another party is liable for your injuries. We can also assist in protecting your rights by communicating with the insurance provider on your behalf.
What Are the Available Compensations After a Knee Injury?
If you meet the requirements of a negligence claim, you may be entitled to monetary compensation for your losses. Your payment will depend on several variables, but competent our knee injury attorney in San Diego, CA, may be able to seek compensation for the following:
- medical expenses
- lost benefits and salaries
- physical pain and suffering
- emotional distress and mental suffering
- decreased quality of life
- reduced earning potential
- loss of consortium
It might be challenging to quantify how a knee injury has affected your life. You may be in physical discomfort, have restricted movement, be unable to work, and be unable to participate in things that formerly gave you pleasure. At Benner Law Firm, we will investigate your knee injury-causing accident in detail. We will collect evidence to determine who is accountable and collaborate with you, your family, your physicians, and, if required, third-party specialists to document and value your injuries.
Please schedule a consultation with us immediately to discover more about the potential value of your knee injury claim, whether via litigation or settlement.
How Do I Calculate My Knee Injury Damages?
Several forms of damages may be presented in a knee injury lawsuit. The relevant injuries must be included in the medical expenses related to the diagnosis, treatment, and rehabilitation of the knee injury. Thus the more severe the knee injury, the more influential the kind and amount of expenditures associated with the case will be.
There is also value associated with a person’s pain and suffering, healing, and loss of capacity to perform activities they formerly enjoyed. For instance, if you were injured in a car accident and had knee surgery, and that surgery and rehabilitation stopped you from running the annual 5Ks you participate in, that would be a factor to consider.
It would undoubtedly be helpful if it prohibited you from working as you did before the injury. If your injury prohibited you from spending time with your family and engaging in regular activities that you formerly enjoyed, this would increase the value of your case.
What Are the Challenges I Might Face in My Knee Injury Claim?
Specific components may be raised if you suffered a knee injury and defense counsel contests the case. For instance, the opposing party may argue that you had a preexisting knee issue. Hence, the damage you had in the occurrence did not satisfy the causation criteria for the injuries you are claiming. They may claim that you were susceptible to certain types of injuries due to a previous injury that was misdiagnosed, undetected, or overtreated.
For instance, if you had a cut to your knee and later got a knee replacement, they may argue that your injuries did not meet the treatment.
How Can I Win My Knee Injury Claim?
To win your case, you must demonstrate three different things. First, you must file a claim against the appropriate individual or entity. In legal terms, this determines who owed you a duty of care to prevent your injury. Next, our skilled knee injury attorney in San Diego, CA, must establish negligence. We must demonstrate that their actions placed you at risk. A vehicle accident is a basic illustration. As a driver, everyone has an automatic duty of care toward other motorists. If they caused an accident by colliding with you, they were negligent.
Finally, our San Diego knee injury attorney must demonstrate that the negligent act caused your injuries. If you had a preexisting knee ailment and fell and injured your shoulder but not your knee, you could not file a claim for knee-related expenses. Alternatively, you might file a compensation claim if an accident exacerbated an injured knee.
What is the Statute of Limitations for Filing a Knee Injury Claim in California?
The statute of limitations for a personal injury lawsuit in civil court in California is two years. If you miss this date, the court will likely dismiss your claim, and the insurance will probably pay little. However, there are exceptions to the two-year statute of limitations for personal injury cases in California. All people are guaranteed the right to a speedy trial and due process under the Constitution. Statutes of limitation encourage individuals to submit damage claims when memories remain fresh, and evidence is readily available.
This implies that if you are injured in an accident, you should call our professional knee injury attorney in San Diego, CA, immediately. Once you’ve been examined by a physician and your injury has been diagnosed, contact us at Benner Law Firm for consultations.
How Can Our San Diego Knee Injury Attorney Help?
At Benner Law Firm, we have witnessed the stress, frustration, and suffering caused by knee injuries. You are not required to confront medical expenses, insurance paperwork, and claim deadlines on your own. Our responsibility is to handle the inconveniences while you recover. We’ve helped numerous people injured in knee-related accidents of various sorts obtain the money they need to pay their bills and go on with their lives. As soon as you retain our San Diego knee injury attorney, we will begin working for you:
- We investigated the accident scene.
- We collect evidence and use specialists to assist us in proving your case.
- We stand up to insurance companies to disregard knee injuries’ severity.
- We take care of your medical bills and paperwork, so you don’t have to.
- We monitor deadlines and respond to any of your inquiries.
- We provide you peace of mind and fight for the compensation you deserve.
Speak With a Knee Injury Attorney in California Today!
Knee injuries should never be taken lightly, and no one should suffer needlessly because of the acts or negligence of another person. If you are dealing with knee injury-related medical expenses or cannot work during your recovery, talk with our competent and accomplished knee injury attorney in San Diego, CA.
At Benner Law Firm, we have years of experience obtaining compensation for victims similar to yourself. Let us evaluate your case, guide you on alternatives, and advocate for all you’ll need to recover from your injuries. Call or visit our website to schedule a free strategy session.
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PERSONAL INJURY & DEFENSE BASE ACT ATTORNEY SERVING SAN DIEGO, CA
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Benner Law Firm, PC
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