How Much Can You Settle a Knee Injury for in New York?
Knowing how much your knee injury case could be worth helps you better negotiate settlements – and it helps you know when to take your case to court instead of settling. Getting the damages you need for your injury is important, but knowing whether a settlement offer is appropriate or not is difficult without the help of an attorney.
A proper settlement for a knee injury should take into account the full value of your medical expenses and lost wages related to the injury. If you faced any other expenses or economic harm because of the accident, those costs should also be included. There should also be damages for the pain and suffering you faced, which should often be at least equal to the other damages in your case. However, being any more precise requires looking at the specifics of your case.
For a free case review, call The Carrion Law Firm’s New York personal injury lawyers today by calling (718) 841-0083.
What is a Knee Injury Worth in a New York Personal Injury Claim?
Determining the cost of an injury must mean looking at the specific effects you faced because of the injury. That means analyzing the specific facts of your case: what happened, how the injury affected you, and what other financial impacts you faced because of the injury. With knee injuries, it is common to have medical expenses as well as lost wages from missed work, as well as “non-economic” damages.
A proper settlement covers all of the medical expenses you faced from the accident. This means covering the cost of medical transportation as well as X-rays, treatment for the injury, rehab, and more.
The total cost of these bills will be different depending on many factors, the chief among them being how bad the injury was. If you tore a ligament (such as the ACL) and need surgery to treat it, that will be a lot more expensive than if you merely suffered a serious bruise. Your age and health will also be a big factor: older adults and people with preexisting injuries often face worse outcomes and need additional medical care, versus younger injury victims and people without other injuries or disabilities can often recover from injury better.
Looking at all of the bills you faced is a good way to total these damages, but you might face other economic damages you should consider as well. This could include the cost of paying for help around the house or additional childcare assistance. Our lawyers can help you determine all of the economic damages you faced.
If your injured knee keeps you from working, you should definitely consult with our Brooklyn personal injury lawyers about what your settlement should be worth. If you are able to go back to work after a finite recovery period, then you can typically calculate the total lost wages you faced by multiplying your normal wage by the time missed.
If your knee injury constitutes a disability that keeps you from returning to work at full capacity or forces you to take a different job, then your lost wage damages will be much harder to calculate. Often, the difference between your new and old wages can be claimed as damages – but this amount must be projected forward into the future. If you will miss wages now and going forward, our attorneys can work with financial experts to calculate these damages accurately.
Any damages that do not result in bills or lost money but nonetheless pay you back for the harm you suffered can typically be grouped under “non-economic damages.” These damages – often called pain and suffering – account for the physical, mental, and emotional toll the injury takes on you.
While medical bills, lost wages, and other “economic damages” compensate you for the financial harm you faced, these non-economic damages attempt to make you “whole” again by making up for the other losses you suffered. For example, if your injury keeps you from cycling or playing tennis, that is a loss that can be compensated. Often, knee injuries result in reduced quality of life; even something like walking or getting up and down stairs could be permanently affected and result in long-term discomfort and adjustments to your life.
Always speak with a Queens personal injury lawyer for help determining what these damages are worth. However, you can typically come up with a basic estimate by multiplying your other damages by 1.5 to 5, depending on the severity of your injury.
Do Settlements Pay Enough for a Knee Injury in New York?
When determining whether you should accept a settlement or not, you should consider whether the damages above are all paid for by the settlement. If the insurance company or at-fault party in your case has offered a settlement that does not account for all of these costs, then the settlement is probably too low. Our Albany personal injury lawyers can negotiate with the insurance company and try to push for additional damages – but that is not always successful. Sometimes a lawsuit is required to force the at-fault parties to pay what they owe you.
Should I File a Lawsuit or Settle My Knee Injury Claim in New York?
As mentioned, lawsuits are often available when insurance claims and settlements are too low to cover your needs. However, there might be some restrictions on your right to sue when it comes to work injuries and auto accidents. Talk to our Long Island personal injury lawyers to explore your options and fight for maximum compensation for your knee injury.
Call Our NY Injury Attorneys Today
For help with your case, call The Carrion Law Firm’s New York personal injury attorneys at (718) 841-0083.