Being injured in an accident can lead to stress and anxiety, especially if that injury is serious. Some of the stress and anxiety is associated with the payment of medical bills, and the pain, discomfort and inconvenience of have to go through the healing process. With each personal injury claim comes uncertainty around the value that injury may bring, against the money spent on getting treatment. This article will discuss the settlement value of a knee injury claim arising from a car accident, slip and fall or other accident caused by another’s negligence. It will also look at the key considerations that determine the value of the claim.

It should be noted that there are too many unique factors in any given personal injury claim to allow for a standard formula that accurately values a knee injury claim. However, there are a few keys considerations that can help estimate what your case might be worth. To illustrate the wide range of injury verdicts and settlements, consider these examples:

$2,673,000 total damages; of that amount $1,400,000 was allocated for pain and suffering - one attorney stated that, “this verdict was made for a plaintiff who slipped on grease and tore his meniscus. The plaintiff was unable to perform his work and experienced years of pain. Additionally, the plaintiff required several surgeries and would require knee replacement surgery in the future”.
$24,000 verdict for a rear-ended driver whose knee hit the steering wheel and sustained a meniscal tear possibly requiring future surgery.
$240,000 settlement for a boy who was hit while riding his bicycle and required an initial knee surgery and then several others after re-injuring himself playing sports.

An attorney from Crowson Law Group stated that, “when it comes to valuing a personal injury case, this basically means coming up with the best possible guess as to what the jury might award a plaintiff and then also guessing what the defendant or the plaintiff would be willing to pay or accept to settle the case before it goes to trial”. The attorney further mentioned that the extent of the plaintiff’s damages and the likelihood of a jury finding the defendant liable are the two main factors that determine the value of the case.

Estimating the Plaintiff’s Damages

It is virtually impossible to accurately estimate the potential recovery of the plaintiff because a jury ultimately makes the decision as to how much the defendant must pay the plaintiff. However, there are some types of damages referred to as economic damages that come with a dollar figure amount to them. Such damages include medical bills and lost wages which the plaintiff has already paid or may continue to pay going forward. When it comes to non-economic damages, these are based on an educated guess on past knee injury awards. Pain and suffering predictions are hard to make as they are based on the injury, how convincing the plaintiff is, as well as the compassion of the jury. Another important aspect that is taken into consideration is that of ‘loss of quality of life’. If the plaintiff who suffered the knee injury led an active life participating in different sports and outdoor activities, it is likely that his or her damages will be higher than that of a relatively inactive person.

Another important element is that of the defendant’s liability. If the plaintiff has little to no evidence that proves that the defendant was at fault for his or her injury, the value of the case goes down considerably despite the potential damage being high.

For legal advice and representation for a personal injury claim, hire Anchorage
attorneyle from a recommended law firm.

About the company:
Crowson Law Group is a law firm of renowned professionals who focus solely on personal injury matters. For a free case evaluation, contact Anchorage attorneys.