Knees are critical to maintaining mobility. When these body parts are injured, people may have difficulty walking and even a total inability to do so.
Unfortunately, although they typically result from falls, knee injuries can have different causes, including car accidents, slips in a grocery store, and medical malpractice errors. Patellar fractures, also known as broken kneecaps or knee caps, are a common example.
Regardless of the cause, people who have sustained knee injuries may be entitled to compensation if they have resulted from someone else's actions or negligence.
However, not everyone will want to go through the time-consuming, overwhelming, and stressful litigation process, so they decide to resolve their knee injury case outside of court through a settlement.
What is the average knee injury settlement? How much can a person get to resolve a broken kneecap case and drop any further legal action against the at-fault party? Here's what the latest statistics say.
Understanding Knee Injury Settlements
As mentioned, people are legally entitled to recover compensation for injuries caused by someone else. This may include damages resulting from car accidents involving a drunk driver or falls at a grocery store where employees failed to clean up a liquid spill from the floor, for example.
However, filing a knee injury claim can be tedious and time-consuming for most people. That's why many try to settle their personal injury cases before going to trial.
Benefits of Settling a Case Out of Court
Settlements can be beneficial for both parties. The person who suffered the knee injury can get enough money to cover their medical expenses much faster than if they had to wait for a jury to decide how much they should be awarded.
Saving Time
Legal disputes can take several months or even years! However, both parties can negotiate a settlement and close the case, reducing the stress and anxiety that often comes with litigation.
Receiving Guaranteed Compensation
By negotiating and accepting a settlement, victims are guaranteed compensation, which means they can be sure they'll be able to pay back their medical bills and restore their quality of life. This is something that wouldn't happen if the case were brought to court, as the verdict could benefit the defendants.
Cost Savings
Settlements also reduce costs, as people won't have to pay courtroom or expert witness fees. Although most of these expenses are typically covered by compensation, preparing and filing a court case can take up a significant portion of the final payout.
Gaining Privacy and Control
Besides guaranteed compensation, cost reduction, and time savings, settlements offer more privacy and control. When cases go to court, all details become public. This can be a daunting experience for both parties.
However, those who settle these cases outside of court can maintain control over such details and keep the matter private, reducing the anxiety caused by being exposed to the public.
Knee Injury Settlements in Ohio
The Ohio Bureau of Workers' Compensation (BWC) administers and must approve settlements after negotiations between claimants and insurance companies.
After that, these settlements can be reviewed by the Ohio Industrial Commission. This entity will ensure that the amount is fair for both parties.
Settlement Options
In an Ohio knee injury case, people can choose between receiving the settlement as a lump sum, which is the most common option, or as installments over a specific period.
By accepting this payout, victims waive their right to take future legal action against the person or entity responsible for the accident that caused their broken kneecap or other knee injuries.
Some claimants may be eligible for an indemnity-only settlement. This "partial" settlement option allows those who have suffered patellar fractures to settle their cases for only a portion of the compensation and leave it open for future medical expenses.
How Much Is the Average Knee Injury Settlement in Ohio?
To determine the value of a case involving a broken kneecap, it's important to consider different factors, such as the severity or extent of the injury, whether knee surgery is necessary, and how it has affected victims' lives.
These variables can impact the value of any knee injury claim, which means settlements may be different depending on the circumstances of the case.
In Ohio, knee injury cases are handled under the personal injury law. The average settlement for these lawsuits is around $350,000 in this state.
However, as mentioned, the settlement amount may vary. A young woman who suffered a patellar fracture and other injuries in a car accident that occurred in Portage County settled her case for $750,000, for example.
This is possible because payouts for severe knee injuries that require ongoing medical care, rehabilitation, physical therapy, and surgery are typically higher than the compensation for victims who can fully recover in a few months.
Arthroscopic Knee Surgery Settlements in Ohio
In Ohio and other states, settlements for knee injury cases requiring arthroscopic surgery are proof of how high the payout can be for some people.
Someone who sustained a serious knee injury and underwent arthroscopic surgery can recover a significant amount. Some have settled their cases for up to $850,000 if there are complications or permanent damage.
When arthroscopic knee surgery is only part of the treatment, and other injuries require a surgical operation, people can recover much more. In New York, a 44-year-old woman who was injured in a car accident settled her case for $2,750,000 million, for example.
In other words, an arthroscopic knee surgery settlement can be considerably higher than a settlement for a mild knee injury.
Understa
nding Workers Comp' Knee Injury Settlements
People who sustain knee injuries at work can pursue compensation through a workers' comp claim. However, this process can also be stressful and time-consuming.
To avoid the stress that comes with filing a workers' comp claim, many negotiate a settlement to recover compensation for lost wages and other expenses.
What Workers' Compensation Usually Covers
This is what a workers' comp settlement usually includes:
Compensation for the amount of medical bills
Compensation for lost wages or lost earning capacity if knee injuries cause temporary or permanent partial or total disability
Vocational rehabilitation for people who cannot continue working in the same position and must be trained for a new job
Death benefits for surviving loved ones if knee injury victims die
What Is the Average Workers' Comp Knee Injury Settlement?
The average cost for a workplace knee injury can also vary based on different factors. However, most people recover between $20,000 and $30,000 in medical expenses and lost wages.
National Average
According to the latest figures released by the National Safety Council (NSC), estimated settlement amounts fall into three different categories based on the severity and type of the injury.
The estimated settlement amount for mild knee injuries, which can include tendonitis, contusions, and bursitis, ranges from $1,000 to $21,748.
Settlements for moderate to severe knee injuries, such as minor tears, sprains, fractures, and strains, can range from $21,748 to $32,622.
If people sustain severe knee injuries, such as loss of use, torn ligaments, and amputations, settlement amounts can exceed $32,622.
However, as mentioned, these amounts may vary because each knee injury case is different. A person who sustains a non-operative muscle or ligament injury could recover only $30,000, but someone who has a dislocated or broken kneecap could settle a case for $200,000 or more if they require arthroscopic surgery or total knee replacement. Schuerger Shunnarah Trial Attorneys also have more information on an average settlement for traumatic brain injury Ohio.
Factors That May Affect the Value of Knee Injury Claims
As shown in the examples above, several factors can affect how much victims can settle knee injury claims for, whether they're pursuing workers' compensation or plan to file a personal injury case.
These are the most common variables:
The nature, severity, or extent of the knee injury
Whether knee surgery will be required
The total amount of medical bills related to the knee injury
Possible future medical expenses or the need for ongoing medical treatment for the knee injury
Whether injured people require rehabilitation, physical therapy, or assistance, and the costs of such services
Lost wages or loss of income that people experience due to the injury
Any decrease in injured people's earning capacity due to the injury
The degree and nature of the injured person's pain and suffering or other losses that affect their quality of life
Certainty of liability
The injured person's age and health condition when the knee injury occurred
Whether the knee injury claim is contested
Whether the knee injury causes temporary or permanent disability
Other Variables That Can Impact Knee Injury Settlements
Besides the aforementioned factors, other variables can affect how much people can settle their personal injury cases for if they have sustained a knee injury. Below are some of them:
How Strong the Evidence Is to Support a Personal Injury Lawsuit
In Ohio personal injury cases, the burden of proof is always on the injured person. That means victims should present evidence to show that the other party is responsible for their injuries.
Victims are also legally required to prove the nature and extent of the damages they suffered. Thus, they need solid evidence to support their claims.
A person who has solid evidence that the other party was at fault for the accident and can present testimonies from qualified witnesses about the severity of their injuries may recover more money in compensation if the case is taken to court.
Lawyers who work with insurance companies are aware of this and often negotiate fair settlements if they know that claimants have better chances of winning the case at trial.
Insurance Policy Limits
In Ohio, the insurance company of the person who caused the accident must pay compensation to the victims. However, they aren't responsible for paying amounts that exceed the limits set for their policies.
When the damages that victims should recover total a higher amount, the at-fault party should pay for the remainder.
However, it's challenging to collect payments from the people or entities that caused the accident. That's why people should always make sure they're negotiating a fair settlement.
The Place Where the Case is Tried
Although justice should be the same everywhere, the truth is that each jury in each county may have different tendencies. Some may benefit plaintiffs, while others may be more conservative in defining the compensation injured people are entitled to.
Insurance company lawyers understand the legal system and probably know in which counties juries typically favor plaintiffs. If the case must be tried in one of them, insurers will likely offer fair sums to settle it out of court. They can also consult on an average physical therapy car accident settlement Ohio.
The Personal Injury Attorney Injured People Are Working With
The best personal injury attorneys in Toledo can build strong cases, increasing an injured person's chances of winning at trial. Moreover, lawyers who know the legal system and local courts can help their clients navigate the path to success.
Since insurance companies also consider whether claimants are being represented by a seasoned attorney, they're more likely to offer fair settlements when injured people have a recognized personal injury lawyer by their side.
Is It Possible to Estimate a Knee Injury Settlement?
Many people want to know how much they could settle their cases for in order to decide whether to pursue legal action. However, the truth is that it's almost impossible to do so because many factors can affect these amounts.
Fortunately, an attorney with extensive experience in personal injury cases can help those who have suffered a broken kneecap injury estimate the value of their claims and negotiate a fair settlement with the other party's insurance company.
It's important to understand that attorneys won't guarantee victims will recover a specific amount for their knee injuries. However, they know how the Ohio legal system works, can evaluate their cases thoroughly, and have extensive knowledge to explore the factors that may affect their settlement value and estimate a possible sum.
Contact Schuerger Shunnarah Trial Attorneys Today!
A broken kneecap can cause long-term pain and disruption to people's lives. Additionally, since these injuries require treatment or even surgery, medical bills often pile up, making this experience much more overwhelming for victims.
However, those who have sustained a knee injury in an accident caused by someone else are entitled to compensation and can negotiate a settlement with the at-fault party's insurance company to get the money they need to cover such expenses.
At Schuerger Shunnarah Trial Attorneys, our team specializes in personal injuries, including broken kneecaps. We're willing to help victims recover the compensation they deserve. Contact us today!