Serious knee injuries may significantly impact your life. Treating knee injuries can sometimes be a long and costly process. If a car accident caused your knee injury, a Jacksonville knee injury caused by a car accident lawyer may be able to help you seek financial compensation from the party responsible for your damages.
To learn more, call our Jacksonville car accident lawyers.
Knee Injuries Can Be Painful and Debilitating
Knee injuries can cause chronic pain, limited mobility, and interference with your life and work. According to the National Center for Biotechnology Information (NCBI), common car accident-related knee injuries include:
- Fractures – There are three bones that form the knee joint: the patella, femur, and tibia. The patella is the most commonly broken knee bone. Breaks in the knee are often caused by a high-impact trauma, like a vehicle crash or a fall.
- Posterior cruciate ligament (PCL) injuries – This type of ligament tear is caused by a blow to the front of the knee while the knee is bent.
- Collateral ligament injuries – This ligament injury occurs when the knee is forced sideways.
- Dislocation – Dislocation occurs when one of the bones in the knee slips or is forced out of place.
- Tendon tears – Tendons can become stretched or torn by a direct blow to the front of the knee.
Some knee injuries may heal, in time, with rest, ice, and elevation. However, if your knee is very swollen, extremely painful, or you begin limping, you should seek medical treatment. Severe injuries may require more serious treatment, including surgery, physical therapy, and prescription medications for pain and inflammation. Serious knee injuries can cause increasing pain, joint damage, and permanent disability.
Florida Insurance Laws and Civil Lawsuits
Florida is a no-fault insurance state. This means that drivers are not required to carry liability coverage for injuries they cause to another person. Instead, drivers must have personal injury protection (PIP) coverage. PIP insurance covers a driver and their passengers’ medical expenses in the event of an accident, no matter who is at fault.
According to Florida Statutes § 627.736, drivers must have $10,000 in PIP. Under the law, PIP pays 80 percent of necessary medical expenses accrued within 14 days of your accident, including:
- Surgical costs
- Nursing care
- Prosthetic devices
- Rehabilitation services
- Hospitalizations
- Dental procedures
- Transportation by ambulance
If your medical bills exceed your PIP coverage, you may pursue additional awards in civil court. Another person may be liable for your injuries if their negligence caused your crash. Often, this is another driver, but it could also be a vehicle manufacturer or owner of the roadway, depending on the circumstances of your accident. A Jacksonville knee injury caused by a car accident lawyer can assist in determining the cause of your crash and who could be financially responsible.
In court, you may seek awards for your pain and suffering. For example, if your knee injury leaves you permanently disabled, you may win compensation for your loss of mobility. A Jacksonville personal injury lawyers can also help you fight for compensation for your lost wages and damaged property.
There is a time limit for taking your case to civil court. Florida Statutes § 95.11 provides a four-year window for seeking compensation for personal injury. The clock on the statute of limitations starts running at the time you were injured. If you believe you have any knee pain or other injuries resulting from your crash, do not hesitate to seek treatment.
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Proving Liability
There are many reckless and unsafe driving behaviors. These behaviors may prove the other driver involved in your crash failed in the duty of care every motorist owes others on the road. A court may find another driver financially liable for your accident if they were:
- Speeding
- Drinking and driving
- Making an improper turn
- Disobeying traffic lights and signs
- Caught after fleeing the scene
- Texting and driving
- Nodding off at the wheel
- Driving aggressively
If poor lighting, an unsafe road design, or badly maintained conditions caused your crash, it could be that the city, state, or county in charge of the road bears liability. If your accident was the result of faulty brakes, a blown tire, or another vehicle or parts defect, you may have a products liability lawsuit against the automaker or parts manufacturer.
Your lawyer will investigate your accident and attempt to prove that someone else caused your crash. There is a variety of evidence your attorney may employ, including photos and videos of the crash site, testimony from car-accident experts, and police records. It is important to make sure you report your crash to the authorities if an officer was not present at the scene. Florida Statutes § 316.066 requires you to report your accident within ten days of when it occurred.
In any case involving negligence, the court will assess each party’s percentage of fault for the accident. Florida operates under a pure comparative fault model, outlined in
Florida Statutes § 768.81. This means that there is no amount of negligence below 100 percent that prevents you from seeking compensation. However, the court will reduce your settlement by your fault percentage.
The Law Offices of Anidjar & Levine Can Help
At the Law Offices of Anidjar & Levine, we believe in going the extra mile for our clients. The last thing we want to do is create stress or another burden for your or your family during your time of recovery. That is why our services are always on contingency. We will fight hard to win compensation for you. If we are not successful, we do not get paid.
Our Jacksonville knee injury caused by a car accident lawyer will aim to provide you with responsive legal care. We will handle the details and keep you fully updated on your case, all while working to respect your time of healing. To find out more about how we may be able to serve you, call us for a free consultation.
