Car accidents do more than ruin your day. They can also ruin your body and change your life. From the top of your head to the bottoms of your feet, you can be injured anywhere in or on your body. A study from the National Library of Medicine found that 10% of all car accident injuries are knee injuries. Even the most minor knee injury from a car accident can make it difficult for you to walk, work, or engage in leisure activities. More severe injuries can take longer to recover and, in some cases, leave you with a permanent disability that interferes with both work and play. If you have suffered a knee injury in a car accident, an experienced car accident attorney with Lott Law may be able to assist you with your claim. Call (228) 215-2787 to schedule a consultation and review your legal options.
What Is the Most Common Knee Injury From a Car Accident?
The most common knee injury from a car accident is the anterior cruciate ligament (ACL). This injury results from sudden, extreme hyperextension of the knee and leg during the accident. ACL injuries are serious and require treatment. Minor ACL injuries may be treated with anti-inflammatory medications, a brace, and physical therapy to help restore full function. More serious ACL injuries require surgery and four to six months of rehabilitation after the surgery. Other common knee injuries that can occur in car accidents include posterior cruciate ligament (PCL), medial collateral ligament (MCL), knee cap fractures, tibial plateau fractures, knee dislocations, muscular and cartilage injuries.
Signs and Symptoms of a Knee Injury After a Car Accident
Some injuries are apparent immediately after a car accident, while others may take a few hours, days, or even a couple of weeks to become noticeable. While many knee injuries may be immediately obvious, others may take a little longer to discover. Whether the individual is assessing themselves at the accident site or remaining alert in the following days and weeks, there are signs and symptoms they can watch for.
The Mayo Clinic states that the following symptoms and signs may indicate a knee injury after a car accident:
- Stiffness and swelling
- Weakness or instability
- Warm to the touch and redness
- Crunching or popping sounds from the knee
- Inability to straighten the knee fully
Additionally, they recommend seeing a doctor immediately if the following signs are noted:
- Cannot bear weight on the knee
- Knee gives out or feels unstable
- Marked swelling of the knee
- Incapable of fully extending or flexing the knee
- Obvious deformities in the leg or knee
- Fever combined with redness, pain, and swelling in the knee.
Is Mississippi a No-Fault State?
Mississippi is not a no-fault state. Mississippi is an at-fault state, which means that a successful claim will require the party determined to be at fault to pay compensation to the other party. However, Mississippi is also a pure comparative negligence state, per Miss. Code §11-7-15. This means that even if the victim is partially at fault for their own injuries, they can still request and receive compensation. In cases where the victim is partially at fault, their compensation is reduced by the percentage of fault they are determined to bear. For example, if an individual is awarded $100,000 in compensation but is found to be 20% responsible for their injuries, their compensation will be reduced by that 20%, resulting in compensation of $80,000.
In Mississippi, the determination of fault is made by the police, insurance companies, or the court if a claim is filed. The court will use information provided by the parties involved, the police report, and any information the insurance companies may provide in determining who is at fault.
What is the Typical Settlement for a Knee Injury From a Car Accident?
There is no average settlement for a knee injury from a car accident. There is a range that is influenced by several factors. Some of the factors that are considered in determining a settlement include the severity of the injury, medical expenses, lost wages, pain and suffering, and comparative negligence. To get the most compensation possible, individuals should document everything by retaining all medical bills, evidence of lost wages, pain and suffering, and other injury or accident-related expenses.
Additionally, individuals may wish to consult with a car accident attorney from Lott Law. They may be able to assist individuals who have suffered a knee injury from a car accident with understanding their rights, navigating the legal process, and negotiating a fair settlement. However, there is no requirement in Mississippi for individuals to hire a lawyer to represent them in a personal injury case.
Remember the Statute of Limitations
While individuals should be cautious about taking a settlement too quickly, as this can bar them from recovering future medical bills or other expenses if they should need to do so, waiting too long to file a claim can also be harmful. Miss. Code §15-1-49 provides individuals with three years from the date of the accident to file their claim. If the knee injury from a car accident is a latent injury (one that does not appear until some time after the car accident), the statute of limitations is then three years from the date that the latent injury is discovered or should have been discovered with reasonable diligence.
If the statute of limitations expires, individuals are unable to file their claim and receive compensation. This is why it is recommended that individuals see a doctor immediately after a car accident, even if they do not have any immediate and obvious signs of injuries. A thorough examination by a doctor may find injuries that are not yet symptomatic and will document that the individual was in the accident in case a latent injury appears in the days or weeks after the accident. This will make it easier to connect the injury to the car accident while also ensuring that the individual can file their claim within the statute of limitations and avoid losing out on the compensation they are entitled to receive.
What Can a Personal Injury Attorney Do for You?
Even if you would like nothing more than to put the accident behind you, you will likely be dealing with it for several weeks or months, if not a year or more. Trying to gather evidence, prove fault, and negotiate a settlement or prepare for a trial while you are also trying to recover from accident injuries is exhausting and overwhelming and may even delay your recovery. If you choose to hire a car accident attorney from Lott Law, we may be able to assist you by gathering evidence, speaking to insurance companies on your behalf, and representing you in court so you can focus on your recovery. We may also be able to assist you in negotiating your settlement, offering guidance regarding whether a settlement offer should be accepted, and fighting to make sure your rights are protected throughout the settlement and/or trial process. Call (228) 215-2787 to schedule a consultation and discuss your claim for a knee injury from a car accident.
