The average settlement for a slip and fall knee injury depends on the unique circumstances at play in the case. Factors impacting what you might receive include the likelihood of you fully recovering and the effect the condition has on your quality of life. If you win your case, you might be eligible for money for your medical bills, lost wages, and other costs. Filing the claim on time and presenting solid legal arguments can boost your chances of receiving the maximum legal damages. A personal injury attorney can take a look at your case and recommend legal action to protect your rights.
At Kalikhman & Rayz, LLC, we understand how difficult it can be to pick up the pieces after a terrible slip and fall. When negligent landowners don’t upkeep their property, they put others at risk of slipping, tripping, and hurting themselves. While Pennsylvania law can’t turn back the clock, it does provide eligible victims with a path forward. Our Philadelphia slip and fall attorneys fight for people who injure their knees on someone else’s property.
Common Types of Knee Damage After a Slip and Fall
During a fall, victims often fall on their knees or twist their bodies in a way that damages their knees. Victims may experience bruising on their knees or the surrounding area. Additionally, they may acquire superficial or deep cuts, which may need stitches to heal fully. Another common injury is for victims to sprain the ligaments and tendons connected to their knees.
As reported by the Mayo Clinic, injury victims may tear their meniscus (the cartilage in their knees) during a fall. If this happens, victims may have trouble fully extending their legs and have limited mobility in their knees. Finally, victims may tear their tendons or ligaments connected to their knees or entirely dislocate them.
What Compensation Can Victims Get in Pennsylvania Settlements for Slip and Fall Injuries?
Slip and fall injuries can impact someone’s ability to care for themselves and engage in meaningful activities. Legal compensation seeks to make the victim whole by providing money to address the knee injury’s impact on their lives.
Victims might receive compensation to right the financial wrongs done to them. After all, they may have earned less money while healing from the injury. Additionally, they may have had to spend money on accident-related healthcare costs. Most settlement packages include these and other economic losses the victim can trace back to the slip and fall.
But not all of someone’s accident-related hurt carries a receipt. That’s where non-economic damages come in. This type of compensation reimburses someone for the human cost of the knee injury. For example, it might include the pain and suffering the victim experienced while recovering from surgery. Victims might also be eligible for money to address the decrease in their quality of life from being unable to walk, run, or stretch because of the injury. Again, if the victim can trace it back to the slip and fall, they may be compensated for it.
What Is the Average Settlement for a Slip and Fall Knee Injury?
There is no average compensation for a knee injury because every case is different. The amount of legal damages one person might be entitled to may differ dramatically from what someone else might receive. Many factors come together to influence the slip and fall compensation a victim is entitled to, including the following:
- The strength of their legal claim,
- The amount of fault the court believes the victim shares for what happened,
- How significantly the injury impacts the victim’s life,
- The chance of the victim making a full recovery, and
- What others have received in similar cases.
Furthermore, Pennsylvania’s comparative negligence law reduces the amount victims receive by the percentage of fault they carry for the accident or their injuries. For example, if the court decides someone is 5% at fault, they may only be eligible to receive 95% of their total damages. If the court believes the victim is more than 50% to blame for the incident, they may not be eligible for compensation. The most effective way for a victim to boost their claim is to prepare solid legal arguments to present to the judge.
When Can I File a Court Case for a Slip and Fall Injury?
If you were in a slip and fall, you may be eligible to file a lawsuit if you can show that someone else caused your injury. You may not have to establish that they directly caused the damage to your knee. Instead, you need to show that they were responsible for doing something (like putting up a Wet Floor sign) and failed to do so. You need to draw a connection between their actions and your injury (or the accident that caused your condition). You may have a successful legal claim if you can prove all of these things.
Additionally, you must also file your claim before the filing deadline under Pennsylvania law expires. In most cases, victims have two years to file a lawsuit. However, there may be situations in which this deadline is lengthened or shortened. For example, you may have less time if you’re suing the government. In contrast, minors who are injured may have more time to bring their claims. The most effective way to ensure you meet your filing deadline is to talk to a licensed personal injury attorney in Philadelphia. They can review your claim and the applicable law and help you take whatever actions are necessary to preserve your legal rights.
Can I Get Legal Damages for Knee Surgery After a Slip and Fall?
Pennsylvania law allows injury victims to request damages to cover their past and future expenses. The victim may be able to request compensation for knee surgeries they have already had because of the slip and fall. They can present documents like hospital bills and after-visit summaries to prove the surgery happened and why.
But they may also be able to pursue a financial award for future knee surgeries. To do so, victims may need to prove they will or are likely to need knee surgery in the future. They might accomplish this by having medical experts testify about their condition. Or they could show a note from their doctor indicating that an accident-related knee surgery is imminent. If the victim can demonstrate that it is reasonably foreseeable for them to need this surgery, they may qualify for compensation to cover it.
How Can People Get More Than the Average Compensation for a Knee Injury?
There’s no guarantee that a victim will win their case and receive compensation. What’s more, what damages might be available to the victim varies from one situation to the next. Even so, there are things victims can do to help set them up for success. For example, they can file their claims before the deadline expires. Doing so helps ensure the judge doesn’t throw out the case from the get-go.
Additionally, victims can save all slip and fall-related documents. This includes medical records, pain logs, and all injury-related receipts. These materials help the victim and their attorney adequately calculate the cost of the knee injury. Lastly, victims can make sure they go into the case prepared. They might accomplish this by collaborating with a trusted attorney who understands the legal process.
Kalikhman & Rayz, LLC: We Fight for Knee Injury Victims in Pennsylvania
Injuring your knee in a slip and fall can prevent you from going to work or walking with friends and family. After the incident, you may have to undergo multiple surgeries or participate in rehab to regain your strength and mobility. All of this comes at a cost, whether financial, emotional, social, or physical. If someone else is to blame for your position, you may be able to bring a premises liability claim against the person responsible.
At Kalikhman & Rayz, LLC, we hold at-fault landowners accountable for dangerous conditions on their properties. Lawrence Kalikhman has nearly two decades of experience advocating for slip and fall victims in Huntingdon, Philadelphia, Allentown, and elsewhere throughout Pennsylvania. He takes the time to explain things clearly to his clients so they feel heard, respected, and supported—not talked down to.
If you damaged your knee in a slip and fall, contact Lawrence today by calling us today to schedule a consultation.
