Knee Injuries
Table of Contents
Out of all the joints in the body that absorb stress, our knees are among the most overused. Knees are the largest and most complex joints in the body. They are vital for mobility, functionality, and weight-bearing. They are also extremely vulnerable to injuries.
As the result of a traumatic accident or assault, any of the components making up a knee can be damaged. These include the bones, cartilage, and ligaments that form the joint, or the tendons, bursae (fluid-filled sacs) and ligaments surrounding the knee joint.
Depending on the type of knee injury sustained in an accident and its degree of severity, injured accident survivors may be required to undergo extensive physical rehabilitation and physiotherapy. In some cases, complicated, intricate surgeries might be required. Oftentimes, people who have sustained complex knee injuries require the use of assistive ambulatory devices, like a can or a walker, for a prolonged period of time.
If someone else’s negligence caused you to sustain a knee injury in an accident, contact Preszler Injury Lawyers today to learn about options for financial compensation that might be available to you.
Common Types of Knee Injuries
There are several different types of knee injuries that can occur as the result of a traumatic accident. Commonly, these include:
- A tear of the anterior cruciate ligament (ACL)
- Bone fractures, including the patella (kneecap)
- Meniscus tears, impacting the cartilage between the shinbone and thighbone
- Bursitis (inflammation in the fluid sacs cushioning the outside of the knee)
- Patellar tendinitis (irritation of the fibrous tissues that attach muscles to bones)
- And possibly more
The Costs of Recovery
Not only can sustaining knee injuries be disruptive to an accident survivor’s life, the process of recovery can be physically painful, socially isolating, and emotionally challenging. Many injured accident survivors forced to undergo prolonged periods of recovery develop secondary disabilities in the form of debilitating mental health concerns.
Furthermore, recovering from knee injuries can be expensive. Injured accident survivors often incur substantial financial losses, especially if they are uninsured or their insurance plan does not cover the costs of physiotherapy or assistive equipment. If a knee injury makes it impossible for a person to return to work or continue performing the duties of their job for a prolonged period of time, their financial losses will likely include lost wages and a reduced future earning capability.Â
How an Ontario Personal Injury Lawyer May Be Able to Help
If your injury-causing accident was the result of someone else’s negligence, consider scheduling a free initial consultation with our Ontario personal injury lawyers. If you are eligible to pursue a civil claim against the negligent party whose wrongful actions caused you to sustain knee injuries, our personal injury lawyers serving all of Ontario may be able to help you recover compensation for the losses you have incurred.
To learn more about how Preszler Injury Lawyers may be able to provide you with assistance, call 1-800-JUSTICE and book your free initial consultation with our Ontario personal injury lawyers today.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.