Anyone who has ever twisted the wrong way while walking or suffered a blow to their leg from something heavy knows how uniquely debilitating and painful even minor knee injuries can be. Unfortunately, this sort of trauma can also be tricky to seek civil recovery for compared to other types of injuries. This is because damage to the knee is rarely visible to the naked eye and can heal at very different rates from person to person.
This does not mean it is impossible to get fair financial recovery for knee damage you suffered through someone else’s misconduct, but it does mean you will likely have slim odds of case success without a Miramar Beach knee injury lawyer on your side. From start to finish of your legal proceedings, our seasoned catastrophic injury attorneys at Emmanuel Sheppard & Condon will work tirelessly to build a strong civil claim and get you paid everything you deserve.
When Can a Knee Injury Justify a Civil Lawsuit?
As is the case with virtually any other kind of physical trauma, the legal grounds for a lawsuit based on a knee injury in Florida are generally structured around the theory of “negligence.” In brief, there are various scenarios under which one person may have a “duty of care” to protect another person from reasonably preventable harm. Anyone who acts irresponsibly in violation of such a duty may hold civil liability for any injury they directly cause through their misconduct.
It should be noted as well that you can only sue over a knee injury—or any other type of injury—that is serious enough to need some kind of professional medical care. Examples of knee trauma that could possibly give rise to a civil claim include:
- Meniscus tears
- Bone fractures or fractures in the kneecap
- Ligament tears, particularly to the cruciate ligaments inside the knee
- Severe “bursitis,” or inflammation of cushioning tissues within the knee joint, caused by repetitive motion
A qualified Miramar Beach knee injury can offer further guidance about recovery options during a confidential consultation.
How “Comparative Fault” Can Affect Recovery Efforts
Legal counsel can provide crucial help not just with proving someone else is at fault for causing a knee injury, but also with proving you were not at fault. This is important because personal injury defendants and insurance companies often try to reduce their liability for injuries by accusing the injured person of causing or worsening the injury through their own negligent behavior.
If a court agrees with such an accusation, that court may assign you a percentage of “comparative fault” for your injury in accordance with Florida Statutes § 768.81. They would then reduce the total compensation available to you by that same percentage. If you hold more than 50 percent of the total fault for your accident, a court can deny you compensation altogether. Learn more about these laws and how they may impact your case during a private consultation with an experienced knee injury lawyer in Miramar Beach.
Consider Working With a Miramar Beach Knee Injury Attorney
Knee damage can leave you unable to work, dealing with severe physical pain and limitations in your movement, and struggling to cover unexpected expenses on top of all that. Anyone who causes you to suffer this kind of injury through their negligence should be held accountable for the effects their actions have had on your life.
If you want to take legal action over this sort of harm, you have help available to you from a skilled Miramar Beach knee injury lawyer. Call Emmanuel Sheppard & Condon today to discuss your possible case with a member of our team.
