Colleyville Knee Injury Lawyer

Knee injuries are one of the most common orthopedic injuries—and also one of the most debilitating. A knee injury may prevent you from being unable to work, join family events, and participate in activities you enjoy.

When you suffer a knee injury due to someone else’s negligence, you can seek compensation for your losses from the person, company, or government agency that caused the accident with the help of an experienced catastrophic injury attorney. Contact a Colleyville knee injury lawyer to discuss your situation and learn whether you have a feasible claim.

Causes of Knee Injuries That Could Lead to Negligence Claims

Aging impacts the joints; thus, knee injuries sometimes occur because the joint is no longer healthy. However, knee injuries are also the result of accidents involving negligence. When an accident causes a knee injury, the responsible party owes financial restitution to the injured person, even when age-related issues are also present.

Various conditions and incidents could cause someone to injure their knee. Some of the most common include:

Knee injuries often heal slowly and require extensive medical intervention, with typical treatments being:

  • Abstaining from certain activities
  • Laparoscopic surgery
  • Knee replacement
  • Steroid injections

A knowledgeable attorney in Colleyville could determine if a specific knee injury case may qualify for a negligence claim.

Proving Negligence

With the help of a capable legal professional, the injured person must prove the responsible party’s negligence to receive financial recovery. A person, company, or government is negligent when they do not take reasonable measures to prevent a foreseeable accident. In other words, the injured person must establish that their knee injury directly resulted from the responsible party’s failure to use a reasonable standard of care.

As a Colleyville lawyer could explain in further detail, evidence of negligence varies depending on the circumstances of the knee injury. When a pedestrian injures their knee in a car accident, and the at-fault driver was texting, that is evidence of negligence. When a tennis player gets hurt because of an uneven surface, the owner of the tennis court might be considered negligent.

Understanding Comparative Negligence

Texas applies comparative negligence principles to claims for compensation. This means that everyone involved in an incident is financially responsible for their percentage of fault, including the injured person. Thus, when the injured party’s conduct is deemed negligent, allocating responsibility can get complex. It is essential for an injured person to work with a seasoned Colleyville knee injury attorney who could ensure that other parties do not try to shift their fault onto the victim.

Injured people who share liability for an incident can recover part of their losses from the other responsible parties. However, according to Texas Civil Practice and Remedies Code § 33.001, an injured person who is more than 50 percent responsible for an incident cannot collect compensation.

Special Rules for Work-Related Injuries

When a knee injury is work-related, and the employer subscribes to the Workers’ Compensation program, the employee is entitled to benefits under that program. The worker may also sue any third party that contributed to the incident that led to the injury but cannot sue their employer.

However, many Texas employers do not participate in the Workers’ Compensation program. An employee of a non-subscribing employer can sue them for negligence. In these cases, comparative negligence does not apply, and the employer will be responsible for paying the employee’s damages even if they are only one percent responsible for the incident and the employee is primarily at fault.

Consult a Colleyville Attorney About Getting Compensation for a Knee Injury

A knee injury can be expensive, requiring medical treatment and keeping you out of work, as well as interfering with your daily routine and making it impossible to engage in activities you enjoy. A dedicated Colleyville knee injury lawyer from our firm could help you obtain the compensation you deserve from the parties responsible so that you can focus on recovery. Call today to get started.