Knee Injury From Car Accident: Settlements And Compensation Explained
Knee injuries from car accidents are common, often caused by impact with the dashboard or steering wheel during a crash. They include ligament tears, meniscus tears, fractures, and dislocations. Symptoms range from pain and swelling to instability, difficulty walking, and clicking or popping sounds during movement. Timely medical evaluation and treatment are essential, particularly for more serious injuries.
What causes a knee injury from a car accident?
A knee injury from a car accident can be caused when a person’s knee strikes the dashboard, steering column or other objects within the vehicle. It can also be caused when the force of the impact from the crash causes a part of the vehicle to “crush” a person’s knees.
What to do for a knee injury from a car accident
If you are experiencing pain and believe you have suffered a knee injury from a car accident, follow these steps:
- Get examined immediately: Time may be of the essence. When it comes to properly diagnosing your condition from a crash, the sooner a person gets the proper medical treatment, the sooner they can begin the recovery process. As an auto crash lawyer, I always advise people that the sooner they can get the necessary medical care, the sooner they can get better.
- Diagnostic testing: My advice is to obtain medical treatment and get a referral for the appropriate diagnostic imaging as soon as possible for a knee injury from a car accident. A doctor can’t treat you appropriately until he or she knows what is causing your pain and other symptoms, and the appropriate diagnostic testing will enable your doctor to prescribe the best course of treatment for you and make the appropriate referrals for you to specialists who can help with these types of injuries.
- Early documentation always makes it easier to avoid future problems with your own insurance company. Early medical documentation, such as with your family doctor, will prove to a health insurance company or a No-Fault insurance company that the crash was the cause of your condition. If it does turn out to be a more serious impairment, you’ve documented the early pain and other symptoms that can help you to avoid many of the problems that arise when an insurance company later might try to deny a causal relationship and refuse to pay for expensive medical treatment such as a surgery. Putting it another way, if there is a large gap of time before the symptoms of the condition are documented, then it is more likely the insurance company will question whether the vehicle crash was the cause of the condition. Early treatment and early medical documentation create the clear temporal causal relationship that insurance companies will be looking for when they are being asked to pay for necessary medical care.
- Showing a clear temporal relationship between a motor vehicle crash and the documentation of treatment also makes it easier to get a full and fair legal settlement for your condition or surgery when it is caused by another driver’s carelessness or negligence behind the wheel. Delays in seeking treatment hurt your ability to get better faster and make a good recovery, but it also often makes it harder for your attorney to get a reluctant and cynical insurance company adjuster to pay for your treatment and makes it harder to get a fair and full legal settlement after your collision if weeks or months have passed before there is any documentation in the medical records.
- Don’t try to “tough it out”: The pain, swelling and inflammation may go away, but it may also be indications of a far more serious damage. Better to have an arthroscopic surgery than it is to have a full knee replacement because the tearing and underlying damage became worse.
- Talk to an attorney who is experienced at helping people injured in motor vehicle crashes. Most experienced lawyers have helped people suffering from a knee injury from a car accident because it is one of the more common injuries we see. The initial call is always free so at the very least you will be informed as to what your insurance company is responsible to pay and what medical help and wage loss you are entitled to. An attorney can also help you review your medical records as well as the treatment and care you’re receiving to make sure bills are getting paid and to help you assess what your case might be worth if your pain and disability was caused by another driver’s negligence or carelessness.
- Tell your auto insurance company about your condition from the crash. If you live in Michigan, make sure to include this in your application for No-Fault benefits, which is also referred to as your “written notice of injury” – which must be given to your No-Fault auto insurance company within 1 year after the crash. (MCL 500.3145(1) and (4))
- Do not sign any settlements, releases, or waivers related to your crash: Until you have talked with an experienced attorney who is looking out for your interests, do not sign any settlements, releases, or waivers that are presented to you by your auto insurance company, the at-fault driver’s auto insurer or any other insurance companies or persons.
Common knee injuries from car accidents
- Posterior cruciate ligament (PCL) damage – Often caused by the leg joint hitting the dashboard in a crash, this condition involves a tear or strain to the ligament behind the joint, leading to pain, swelling, and instability.
- Medial collateral ligament (MCL) damage – Caused by impact or twisting of the leg during a crash, this condition affects the inner ligament of the joint, leading to pain, swelling, and limited stability.
- Anterior cruciate ligament (ACL) damage – Often caused by sudden force or twisting in a crash, this condition affects the ligament in the center of the leg joint, leading to pain, swelling, and instability.
- Meniscus damage – Caused by twisting or impact during a crash, this condition affects the cartilage cushioning the leg joint, leading to pain, swelling, and difficulty moving the joint.
- Knee fracture – A direct blow or forceful impact in a crash can fracture the bones in the leg joint, causing severe pain, swelling, bruising, and difficulty bearing weight.
- Knee sprain – Caused by sudden twisting or impact in a crash, this condition involves stretched or torn ligaments in the joint, resulting in pain, swelling, and limited movement.
- Knee strain – Caused by sudden twisting or impact in a crash, this condition involves stretched or torn ligaments around the leg joint, leading to pain, swelling, and limited movement.
- Knee dislocation – A severe crash impact can force the joint out of place, causing intense pain, swelling, and loss of function. Without timely and appropriate medical treatment, a dislocation that causes arterial damage (cutting off the blood supply to the lower leg) could result in amputation.
Common symptoms
If you are experiencing any of the following symptoms, then you should seek medical attention as soon as possible:
- Popping sensation
- Swelling
- Severe pain
- Weakness
- Instability
- Inability to walk
- Inability to straighten the leg
- Locking in the hinge joint
- Bruising
- Stiffness
- Tingling
- Deformity or protruding bones
- Limited range of motion
Treatment for a knee injury from a car accident
Treatment for a knee injury from a car accident may include any or all of the following: (1) pain medication; (2) physical therapy; (3) occupational therapy; (4) rehabilitation; and (5) surgery (including knee replacement surgery).
Can I file a lawsuit for a knee injury from a car accident?
In Michigan, you can sue the at-fault driver for pain and suffering if your knee injury from a car accident meets the state’s legal “serious impairment of bodily function” threshold. You can also your insurance company if they refuses to pay for – or cuts-off – No-Fault benefits.
Additionally, you may be able to sue the at-fault driver for other economic damages, such as excess and future medical bills and lost wages.
More on the types of compensation available
Here’s a breakdown of economic and non-economic damages available for a knee injury from a car accident in Michigan:
Economic Damages (Financial losses):
- Medical bills (hospital expenses, surgeries, therapy)
- Lost wages and loss of earning capacity
- Rehabilitation and assistive device costs
- Future medical treatment costs
- Out-of-pocket expenses related to the condition (medications, travel for treatment)
Non-Economic Damages (Non-financial losses):
- Pain and suffering compensation
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on relationships with family)
What is the statute of limitations for filing a lawsuit for a knee injury from a car accident?
In Michigan, you generally have three years from the date of the car accident to file a lawsuit for pain and suffering compensation against the at-fault driver who caused your knee injury. For no-fault insurance benefits, such as medical and wage loss claims, you must file within one year of the crash. Missing these deadlines can forfeit your right to compensation, so it’s important to act promptly and consult an experienced attorney to protect your rights.
How to make a claim for No-Fault benefits?
In Michigan, you start your claim by filing an application for No-Fault benefits with the responsible auto insurance company, according to the No-Fault law’s “order of priority” rules. The No-Fault insurer will pay for your medical bills and your lost wages if you cannot return to work.
How to file a lawsuit for pain and suffering compensation?
In Michigan, to file a lawsuit for pain and suffering compensation for your knee injury from a car accident, start by consulting an experienced lawyer who can evaluate your case and help gather the necessary documentation. Next, your lawyer will file a legal complaint with the appropriate court, outlining your claims and injuries. The complaint and summons must then be formally served to the at-fault party, notifying them of the lawsuit. After that, both sides engage in the discovery process, exchanging evidence and information to build their cases. Finally, if the case doesn’t settle, it proceeds to trial, where a judge or jury will determine liability and decide on any damages to be awarded.
What is the average knee injury car accident settlement amount in Michigan?
In Michigan, the settlement amount for a knee injury from a car accident varies widely depending on the severity of the damage, the medical treatment required, and how the condition affects your daily life. Minor injuries like sprains or strains typically result in lower settlements, while more serious injuries—such as ligament tears, fractures, or injuries requiring surgery—often lead to higher compensation. Because every case is unique, consulting with an experienced attorney can help you understand what to expect based on your specific circumstances.
What factors contribute to a knee injury car accident settlement?
In Michigan, there are several key factors that contribute to a settlement amount for a knee injury from a car accident?
- Severity of Injuries: More serious injuries like ligament tears or fractures typically lead to higher settlements.
- Medical Treatment: The type, duration, and cost of medical care including surgeries and physical therapy.
- Impact on Daily Life: How the condition affects your ability to work, perform daily activities, and enjoy hobbies.
- Lost Wages: Compensation for time missed from work and any reduced earning capacity.
- Pain and Suffering: Physical pain and emotional distress caused by the condition.
- Permanent Disability or Impairment: Lasting effects or limitations resulting from the condition.
- Fault and Liability: Degree of fault attributed to you and the other party involved.
- Insurance Policy Limits: The maximum amount the at-fault party’s insurance will pay.
- Evidence and Documentation: Quality of medical records, witness statements, and other supporting evidence.
Do I need a lawyer?
In Michigan, while you’re not legally required to have a lawyer for your crash, hiring an experienced auto injury lawyer is highly recommended. A lawyer can help you:
- Navigate complex insurance claims and negotiations
- Ensure you receive fair compensation for medical bills, lost wages, and pain and suffering
- Gather and organize important evidence like medical records and witness statements
- Handle legal paperwork and meet deadlines, such as the statute of limitations
- Advocate for your rights if the insurance company disputes your claim or offers a low settlement
Having professional legal support can make a significant difference in the outcome of your case and ease the stress during your recovery.
Why choose an attorney from Michigan Auto Law for your knee injury after a car accident case?
With over 50 years of combined experience, Michigan Auto Law is a trusted leader in handling knee injury claims from car accidents. We’ve secured some of the largest auto crash settlements in the state and have the expertise to settle cases faster—getting you the compensation you deserve without unnecessary delays. Our team knows Michigan’s laws inside and out, and we’re committed to fighting aggressively for your rights while providing personalized, compassionate support throughout your recovery. When it comes to your case, choose the proven experts who put your best interests first.
Suffered a knee injury from a car accident and need a lawyer? Call the attorneys at Michigan Auto Law now for a free consultation!
If you have suffered a knee injury from a crash, call now (800) 968-1001 for a free consultation with an experienced car accident lawyer near you. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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