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How do I calculate the slip and fall knee injury

How do I calculate the slip and fall knee injury average settlement amount?

You may qualify for filing a personal injury lawsuit if you have suffered a knee injury in a slip and fall accident because of the careless and negligent actions (or inactions) of another person. An overriding question most plaintiffs have is what their knee injury settlement is worth. While there is no standard answer to this question, understanding the basic parameters involved in the settlement calculation can help you plan for the future in a better manner.

Knee injuries from slip and fall accidents can sometimes be minor. Based on this, if you had a severe fall, you may end up with a possible lifelong injury, which can impair your quality of life, and even prevent you from working to your full capacity in future. In such situations, a financial settlement can not only help you pay your medical bills, but also allow you to recover from the financial blow of lost income apart from compensating you for your pain and suffering.

slip-fall-knee-injury.jpg

You may qualify for filing a personal injury lawsuit if you have suffered a knee injury in a slip and fall accident because of the careless and negligent actions (or inactions) of another person. An overriding question most plaintiffs have is what their knee injury settlement is worth. While there is no standard answer to this question, understanding the basic parameters involved in the settlement calculation can help you plan for the future in a better manner.

Knee injuries from slip and fall accidents can sometimes be minor. Based on this, if you had a severe fall, you may end up with a possible lifelong injury, which can impair your quality of life, and even prevent you from working to your full capacity in future. In such situations, a financial settlement can not only help you pay your medical bills, but also allow you to recover from the financial blow of lost income apart from compensating you for your pain and suffering.

A proven personal injury attorney in New York will have the necessary resources and employ the right legal devices to get you maximum possible settlement.

Every Slip and Fall Settlement is Unique

It’s vital to note that each personal injury settlement is unique and the compensation amount can vary depending on the level of injury and the circumstances surrounding it. There are many knee injury settlement calculators online that claim to provide an “accurate” determination.

In reality, these calculators fail to consider the numerous factors involved. You can have a better understanding of the different factors influencing the settlement amount by speaking with a slip and fall attorney.

These are a few considerations taken into account by attorneys, insurance companies, jury, and the judge when determining a fair compensation amount:

Severity of Injury

An important determining factor during the final settlement amount is the level of your injury and the severity of the fall. Severe injuries require more medical care as compared to minor ones. You may need long-term physical and rehabilitation therapy. In some cases, knee injury patients also need braces and other equipment to help them walk.

Pre-Existing Conditions

In a personal injury settlement, a plaintiff recovers less money if they have any pre-existing condition. The settlement amount will be reduced by the percentage of injury you already had. In short, you will only be compensated for the injury or the worsening of a particular condition because of the slip and fall accident.

Your Liability

If your claim goes to trial, the judge and jury will determine whether you had any role in the injury. Your compensation amount will be reduced by the percentage share of your fault in contributing to the injuries. This is where hiring a solid and tough personal injury attorney comes in useful. Your attorney will negotiate and argue on your behalf to minimize your share of responsibility for the accident.

In most cases, personal injury claims get settled out of court. If you are not to be blamed for the injury at all, you may be able to secure a large settlement. Insurance companies are aware that injured parties rarely have experience in handling negotiations or enough resources to delay getting a settlement. They routinely try to trick claimants into accepting a low-ball settlement offer.

The best way of obtaining a complete and fair value for your knee injury is to work with a qualified attorney. Your premises liability attorney will complete the negotiations on your behalf to get a fair settlement amount. Trials can take years before a verdict is reached. This is why most personal injury attorneys prefer reaching a settlement agreement.

Factors that Can Increase the Settlement Amount

There are several factors that can help increase the amount of your settlement. This includes:

  • Damage to property at the time of the accident
  • Knee surgery for the injury
  • Emergency medical services required at the time of the accident
  • Medical specialists
  • Physical therapy
  • Lost income
  • At-home care

All of these different costs will be added to the personal injury settlement by a skilled attorney to increase the amount of the final award.

Pain and Suffering Component

The bulk of the personal injury settlement is formed by the amount of pain and suffering you undergo because of the accident. You may be compensated for the loss in quality of life if the knee injury caused severe physical pain and prevents you from doing the things you used to enjoy. Mental and emotional suffering plays a part as well. This is especially true if the injury leads to depression.

Your attorney will sit with you and go over the different figures to determine the damages related to your injury. They will also explain what the overall value of your claim may be. You can increase the final settlement amount by adding more factors to the calculation mix.

Common Knee Injuries in New York After a Slip and Fall

common knee injury slip fall

Knees are susceptible to major damage whether you slip on a wet floor at the grocery store or because of icy conditions on someone’s neglected pavement. The kneecap can easily shatter depending on your age and the severity of fall. Other soft tissues, such as tendons, cartilage, and ligaments may also suffer damage in the form of inflammation, sprain, and tears from the slip and fall accident.

These are a few common knee injuries suffered from a slip and fall accident:

  • Bursitis
  • Bone fracture
  • Tendinitis
  • Sprain
  • Torn meniscus
  • Torn anterior cruciate ligament

You can expect excruciating and debilitating pain with any of these wounds. You may have trouble performing routine tasks, such as running, walking, and standing. In many cases, patients end up with expensive medical treatment and long-term care.

What is Your Knee Injury Claim Worth?

You may find it difficult to calculate the settlement amount even when armed with all the relevant factors and necessary information. This makes it essential to speak with an attorney and determine the average payout for similar accidents in your area.

A robust and dependable personal injury attorney will be able to calculate the appropriate value for your knee injury and provide you with an applicable range of previously won settlement amounts. Based on this, it’s vital to understand that no lawyer can give you an accurate or guaranteed worth of the personal injury claim.

Average Knee Injury Settlement from Slip and Fall Accidents in New York

There are no “average” settlements where personal injury claims are concerned. However, your attorney should be able to help you with the range of prior settlements made in injury claims with similar circumstances as yours. The amount of compensation provided differs drastically on a number of factors and specific circumstances surrounding a case.

If you suffered a permanent or severe knee injury as a result of another person’s negligence, you may be entitled to compensation worth $1 million or more. This makes it important to consult with a personal injury attorney as soon as possible and discuss your case.

Impact of Expert Testimony on Settlement Amounts

In knee injury lawsuits, expert testimony can have a significant impact on the settlement amount. This can be used for establishing the nature and type of injury, damage to the knee, and degree of impairment. Your attorney may also use expert testimony for establishing the cause of the injury and proving the fault of the defendant.

Sound expert testimony is vital for establishing the impact on the victim’s life. For instance, the accompanying pain and disability may prevent you from pursuing certain occupations and activities. In general, strong expert testimony in knee injury lawsuits increase the likelihood of obtaining a higher settlement amount.

The medical expert’s explanation of the way a knee joint functions and the impact of the now shattered knee cap on the plaintiff’s future may sway the insurance company (during settlement negotiations) or the jury (during trial) towards awarding a higher compensation amount.

Experts are adept at taking the layman jury through CAT scans, X-rays, MRI studies, and other types of arthroscopic examination of all bones and soft tissues involved. It can be easier to show damage in knee fractures and dislocations. Soft knee injuries pose a bigger problem. In slip and fall accidents, soft tissue injuries usually occur when the shin bone or thigh trauma is accompanied by the foot being thrown in the opposite direction.

The resulting torque gets violently transmitted to the knee causing a wide range of issues. A qualified expert can explain the various ways in which soft tissue injuries can have more severe consequences than simple bone injuries. After all, heart attack is also categorized as a soft tissue injury.

We Will Fight to Maximize Your Personal Injury Compensation

Knee injuries can result in pain ranging from dull ache to significant suffering, which can hinder mobility and cause a lifetime of damage and trauma. If you or someone you love suffered knee injuries or any other personal injury in a slip and fall accident, the capable and skilled personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you file a claim to pursue maximum compensation.

Victims of slip and fall injuries can get in touch with our law offices for information on how to acquire adequate compensation for the injury and damages suffered. Our dedicated injury attorneys have helped recover millions of dollars in settlements and verdicts on behalf of our clients. To schedule your free consultation, call us at 212-344-1000 or fill out our online contact form

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April JohnsonApril Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin RousseyBenjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto MartinezRoberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio OchoaJulio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha NeriAisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki RAoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael LevitesMichael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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