Knee injuries suffered in a car accident can include fractures, ligament injuries, and dislocation. Not only can they lead to severe pain, swelling, and limited range of motion, but also some knee injuries can take months to heal, affecting an individual’s ability to work and be active. When a negligent motorist causes an accident that results in injuries, the law provides victims the right to file a Pennsylvania car accident claim against that driver for damages.
Filing a liability claim or a personal injury lawsuit may be appropriate when accident victims suffer serious injuries. There are many different causes of car accidents, ranging from distracted driving to mechanical malfunctions. But regardless of the cause, those hurt by the negligence of others have the legal right to pursue compensation for their suffering and harm.
The first step in a personal injury claim is to establish legal fault for causing an accident. This can stem from action, or in some cases, inaction. Failing to pay attention while operating a vehicle, for example, or refusing to adjust speed to account for weather conditions can be factors that lead to a crash and a legal determination of negligence.
After establishing legal fault, the victim will set forth their damages. Knee injuries suffered in a car accident can be severe, and in some cases, they require a knee replacement or render the individual disabled. The impact of a car accident can lead to a fractured kneecap if it hits the interior of the car, such as the dashboard or door. Bones can fracture, or ligaments can tear. Depending on the type of injury, treatment can require either surgery or rest, ice, and medication. Even those accident victims who do not require surgery will likely face a period of time that includes limited mobility, in some cases extending for six months or more.
When motor vehicle collision victims do return to work, they may need additional time to perform physical therapy. Restoring the range of motion to a knee requires rebuilding the strength in the entire leg. All of these costs and missed wages from work are considered “damages” in a personal injury lawsuit.
For accident victims pursuing a damages claim, it is important to remember that Pennsylvania abides by a modified comparative negligence rule. This means that accident victims must be less than 50 percent at fault for causing an accident. For example, if the defendant driver in a claim for damages is found to be 60% at fault, and the plaintiff victim is 40% at fault, the victim would still recover compensation for their harm.
At Needle Firm, we can help you understand your legal rights after a car accident and navigate the process of pursuing damages for your harm. If you or someone close to you has suffered a knee injury in a Pennsylvania car accident, call our office for a free consultation. We can be reached at (570) 344-1266 or online.
More Blog Posts:
What Are My Rights After Suffering Injuries in an Accident Caused by a Drunk Driver in Pennsylvania?, Pennsylvania Accident Lawyer Blog,May 23, 2017
Pennsylvania Contributory Negligence Law Affects Damages Awards in Personal Injury Claims, Pennsylvania Accident Lawyer Blog,March 6, 2017