An individual’s knee contains two menisci. One, the medial meniscus, is located on the inside of the knee.
The other meniscus, the lateral meniscus, is on the outside of the knee. The job of these is to shift an individual’s weight evenly across their leg bone and keep their knee joints stable.
Torn meniscus injuries occur when one of the meniscus tears. This leads to limited mobility, pain, or swelling in the knee.
These types of injuries may occur as a result of a traumatic event, such as a violent twisting or bending of the knee. If an individual’s femur twists, the meniscus will tear as it moves against the tibia.
What Causes a Meniscus to Tear?
A meniscus may tear for two reasons. One reason is that they degenerate in older adults, which makes the cartilage that forms the meniscus brittle and susceptible to breaking easily.
A second and more common reason is when a traumatic injury occurs involving the knee, and it bends forcefully and twists at the same time. This causes the individual’s femur to grind against the tibia and tear the meniscus in the process.
What Are the Signs of a Meniscus Tear?
There are numerous signs and symptoms of meniscus tears and meniscus injuries in an accident, including:
- A popping sound at the time the injury occurs;
- Swelling;
- Pain when walking;
- The knee locks up;
- The knee buckles when walking or standing.
What Are the Treatment Options for a Meniscus Tear?
The treatment used for a torn meniscus will depend on the extent of the individual’s injury. Some individuals will only require rest and anti-inflammatory treatment in order to recover.
Knee surgery is another option if the tear is more serious.
Can I Sue Someone for Causing My Meniscus Injury?
Whether or not an individual can bring a lawsuit against another party for their meniscus injury will depend on the circumstances surrounding their injury. For example, an individual will not be able to file a meniscus tear lawsuit if their injury was work-related.
If the injury occurred as a result of the individual’s job, they have to file a workers’ compensation claim with their employer. However, an individual may be able to file a lawsuit if their injury was caused by:
- A car accident;
- A defective product;
- A slip-and-fall accident;
- An intentional act, such as a battery.
What if My On-The-Job Injury Was My Fault?
Under workers’ compensation laws, an on-the-job injury does not require proving fault. It does not matter who caused the meniscus tear injury that occurred on the job for workers’ compensation coverage.
The worker may have been at work or doing something for their job when the injury occurred. In that case, workers’ compensation will cover injuries that were caused by their actions or those of their employer.
Can I Sue if My Meniscus Injury Was Caused by an Accident?
Yes, an individual may be able to sue if their meniscus injury was caused by an accident. Common reasons for meniscus injury lawsuits include slip and fall accidents and car accidents.
In many cases, both of these types of accidents involve negligence.
Who Can Be Held Liable for a Knee Injury?
There are different factors that may affect who may be held liable for a knee injury. In many cases, as noted above, negligence is a factor.
Negligence claims typically require proof that a defendant disregarded their duty of care to the injury party as well as that the defendant’s actions were the direct cause of their injury. The damages that the plaintiff suffered must be calculable and measurable.
One example of this would be when an individual acted negligently in a sports competition, which resulted in a serious knee injury. It may be possible to hold the negligent individual liable for the knee injury if they did not follow the rules of the competition.
Another example of negligence is a driver who disregards the speed limit. This individual may be liable for damages if their careless driving resulted in an accident that caused another individual to suffer a knee injury.
What Is Negligence?
Negligence occurs when an ordinary individual fails to use care that a reasonable individual in similar circumstances or the same circumstances would have used. The actions of a defendant will be compared to those of an ordinary, reasonable individual.
A plaintiff who sues for negligence will be required to show the following:
- The defendant owed a duty of care not to harm them;
- The defendant breached that duty of care;
- The defendant caused the plaintiff’s meniscus tear; and
- The plaintiff suffered measurable damages from their meniscus tear.
What Are the Legal Remedies in Knee Injury Lawsuits?
Lawsuits based on knee injuries may involve many different laws and legal theories. In these types of lawsuits, the legal remedy will typically involve some type of monetary damages.
These damages may provide a plaintiff with compensation for:
- Hospital bills;
- Medical expenses;
- Knee surgery or knee implant costs;
- Lost work wages;
- Loss of future earning income;
- Other costs.
The damages may be calculated based on many different factors, including the severity of the individual’s injury and the laws of the state.
What Is Knee Surgery?
Knee surgery is a medical procedure that is used to correct or realign an individual’s knee after an injury. A surgery may also involve replacing a portion or an entire knee with a knee implant such as a Zimmer Persona implant.
These types of surgeries are typically major surgery and require extensive medical techniques and procedures. Major parts of an individual’s knee, for example, the meniscus, are often operated on in this type of surgery.
Knee injuries can be particularly debilitating and cause the individual to be off their feet for several weeks. This may affect many aspects of their life, including working, driving, attending school, and doing chores at home.
When Is Compensation for Knee Surgery Available?
Compensation for knee surgery may be available in certain situations, including:
- Workers’ compensation for on-the-job injuries, for example, a repetitive stress injury;
- Legal damages for negligent conduct, for example, when a store owner is liable for a slip and fall case that results in a knee injury;
- Other occurrences, such as sports injuries or car accidents.
Compensation for knee surgery is typically awarded when the defendant is found liable for the injuries the plaintiff suffered. Establishing causation in these types of cases may require extensive evidence.
This typically involves expert testimony, especially from medical experts.
When Is Compensation Unavailable?
There are certain situations in which compensation may not be available for an individual’s knee surgery, including:
- Damages are not covered by the laws in the state, or they are limited;
- The plaintiff contributed to their own injury;
- It is difficult to measure the plaintiff’s injuries; or
- There are issues with:
- insurance;
- contracts;
- other agreements.
Trials and legal claims may, in some cases, lead to disputes over compensation and damages. As noted above, expert medical witnesses may be required to help determine compensation and damages.
Do I Need a Personal Injury Lawyer for a Meniscus Tear Lawsuit?
If you have suffered a meniscus tear and want to seek compensation for your injuries, it is important to consult with a personal injury lawyer as soon as possible. Your lawyer will advise you what parties may be liable for your injuries, the average workers comp settlement for torn meniscus, and whether you may be able to file a lawsuit.
How your injury occurred will determine which parties may be liable and whether or not you can file a lawsuit. Your lawyer can answer any questions you may have about workers’ compensation and the applicable laws in your state.
It is important to consult with a lawyer as soon as you can because there are time limits, called the statute of limitations, in which your lawsuit must be filed. Usually, the time limit is two years, but your lawyer can advise you of the time limits in your state.
