If you are injured as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury case. The whole point of a personal injury claim is to receive compensation for whatever damages and losses you suffer as a result of the injury you sustained due to an accident or incident. Therefore, it is not unreasonable to want to know the value of your claim. This article will focus on factors that play a part in deciding the value of a knee injury personal injury claim.
When it comes to valuing any personal injury case the truth of the matter is it entails basically coming up with the best likely guess of what a plaintiff may be awarded by a judge or jury. Therefore, you will need the help of a car accident lawyer in Bakersfield CA as it takes two main issues into consideration using these as a yardstick:
- What the defendant would likely be willing to pay
- What the plaintiff would likely be willing to accept a settlement
No matter whether it is the plaintiff or the defendant trying to calculate the compensation two factors stand out when it comes to valuing injury cases, these are:
- How bad was the plaintiff’s injuries and how much are his or her losses?
- The likelihood of a jury finding the defendant liable for the accident or incident that led to the knee injury.
When considering the extent of the plaintiff’s injuries the nature, severity and duration of the knee injury take precedence as determining elements. According to Orthoinfo [Common Knee Injuries – OrthoInfo – AAOS] a ‘knee is a very complex joint made up of many components, as a result, it is vulnerable to a number of injuries. Knees are made up of bone, cartilage, tendons and ligaments’. Common knee injuries that may be suffered include dislocations, sprains, fractures, meniscus tears, joint or bone damage and tears to the ligament. Typically, the higher the severity and long-lasting the knee injury, the higher the compensation for settlement or jury verdict to be expected.
In addition, injuries such as fractured bones often lead to larger settlements in comparison to soft tissue injuries; and any injury that can be proven by way of an MRI or x-ray are likely to be taken more seriously, as compared to ones that do not appear on imaging evidence. Further, more weight is assigned to injuries that require treatment by physicians rather than physical therapists or chiropractors.
It must be noted that trying to accurately determine how much compensation will be received by a plaintiff is difficult and almost impossible. This is because if the matter goes to trial the jury ultimately makes the final decision as to how much money the defendant must pay the plaintiff. However, some aspects are easier to predict such.