Knee injuries are among the most frequently seen injuries among adults, yet they are not particularly prominent in Atlanta, Georgia, accident claims. This is because knee injuries are frequently idiopathic, meaning that they arise spontaneously through no fault of anyone. In order to file an Atlanta, Georgia personal injury claim, you have to prove that someone was negligent. If nobody’s negligence caused the injury, then you not going to be able to prove fault. However, there are some knee injuries that do allow for a personal injury claim because somebody really was negligent in causing your injury or allowing such an injury to occur. You simply have to look at how you became injured, whether that injury could have and should have been prevented, and who was responsible for preventing it.
Different Types of Knee Injuries & Conditions in Atlanta, Georgia, Personal Injury Claims
There are many different types of knee injuries and conditions that may or may not result in a successful Atlanta, Georgia, personal injury claim. Consider the following:
- Pre-existing knee injuries and conditions
- Degenerative knee conditions
- Knee injuries from a fall or impact
- Knee injuries from lifting and maneuvering
- Knee injuries related to sports accidents
- Knee injuries related to auto accidents
- Knee injuries related to work tasks or work conditions
Pre-Existing & Degenerative Knee Conditions in Atlanta, Georgia, Personal Injury Claims
You cannot file a personal injury claim for a pre-existing knee injury or condition unless a further injury exacerbated
the condition or took it to another level of severity. For instance, imagine that you have an old knee injury from an auto accident or sports accident that happened years ago. Then, one day, you trip and fall, landing on your knee. Naturally, it hurts, because of the pre-existing condition. You go to the doctor, and they tell you that the condition is no worse than it was before. They explain that the pain you feel is simply from bruising an already injured body part, and it should pass in a few days. In this case, you are not likely to be able to pursue a personal injury claim. However, if the doctor tells you that the fall did cause further harm, and now, you’re going to need surgery that you didn’t need before, then you have a very high likelihood of recovering compensation from the negligent party.
This can also apply to cases where you have a degenerative knee condition. A degenerative knee condition is any condition that grows worse with time due to the degeneration of bones, muscles, tissues, joints, etc. If you are losing cartilage or you bones are becoming weaker and more brittle, due to a degenerative condition, this can complicate any personal injury claims that may arise from your slip and fall injury. If you did not need surgery before, and you need it now, then you may have a valid claim. Yet, it must also be taken into consideration whether or not your knee was so brittle that anything could have caused it to fracture. This is where you’ll need your medical records from before and after.
Knee Injuries that Occur Without Any Pre-Existing or Degenerative Condition in Atlanta, Georgia
When it comes to situations where you had no pre-existing injuries or conditions that apply to your knee injury claim, you have to look at what caused the injury to determine whether you have a claim and with whom. To begin with, let’s look at where the injury may have happened:
- At home
- At work
- At someone else’s house
- At a business
- At school
- On a sports field
- On the road
Where your injury happened will be one factor in whether or not you have claim and who you should file the claim against. If it happened at home, you may have to rely on your own insurance. If it happened at work, you may have a workers’ compensation claim. If it happened at someone else’s house, you may have a claim with their homeowner’s insurance policy. If it happened at a business, then it may be their business insurance. If it happened on the road, then you may have an auto accident claim with the at-fault driver’s auto insurance policy.
The specific knee injuries that you may suffer from are wide ranging because the knee is a complex joint. Three bones meet, here, the actual knee cap, the thigh bone, and the shin bone. Then, there is the cartilage that cushions the bones and can become damaged. Any of the bones involved could be fractured, and the tendons and muscles can be damaged, too. You could suffer from a sprain, a strain, a ligament tear, a knee dislocation, and more. These injuries can lead to long term pain, ongoing medication, rehabilitation, the necessity of using a knee brace, and even knee surgery and replacement.
Signs That You Have a Serious Knee Injury in Atlanta, Georgia
It is important to be aware of the signs and symptoms of a serious knee injury in Atlanta, Georgia. If you hear any popping sounds, find that you are unable to put weight on your knee, or notice swelling or discoloration, then it is worth seeing a doctor to find out exactly what kind of injury you may have. Some knee injuries are extremely painful, while others may cause tenderness and weakness. By seeing a doctor as quickly as possible, you can get diagnosed right away and get the treatment that you need. You can then discuss your knee injury with an Atlanta, Georgia, personal injury attorney to find out if you have a solid claim for compensation. The attorneys at Bader Scott Injury Lawyers are happy to provide a free consultation and case evaluation to get you started in the right direction. Bring your medical records and any evidence you collected at the scene of the incident for a thorough evaluation.
Seth Bader is an Auto Accident and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.