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Can You Get Compensated For Your Knee Injury After An Accident? Here’s What To Do

If you’re involved in an accident caused by someone else’s negligence and your knee is injured, you are entitled to get compensation. There are different types of knee injuries caused by accidents, and they affect mobility and your normal functioning. Therefore, you deserve a settlement for medical expenses, loss of income, pain, and suffering. Keep reading to learn the steps you can take to obtain the rightful compensation for your knee injury.

Get Medical Treatment

If your knee is injured in a collision, it is vital to seek immediate medical attention. Some injuries are not immediately apparent after an accident, but they will manifest later. Some of the common issues like swelling or pain can heal with simple treatment like rest and ice. However, other injuries can cause severe pain and complications, so you must visit your doctor as soon as you can. Without a medical report, insurance companies can dispute your claim, and you may not get compensation for damages.    

Hire an Attorney

It is vital to seek legal advice from a professional injury attorney to help you determine the way forward. Experienced San Diego-based lawyers at https://www.hamparyan.com/common-types-knee-injuries-car-accidents/ explain that it is essential to seek legal representation for your case, to increase your chances of winning. Accident attorneys have experience in dealing with similar issues, so they know how to handle your case. You also get peace of mind and time to recover when a lawyer handles your compensation claim on your behalf.  

Gather Evidence

To be reimbursed for your suffering following an accident, you must prove negligence has taken place. You must prove the following factors to get a fair settlement in your case:  

  • Duty of care: You must prove that the defendant owed you a duty of care. 
  • Breach: The defendant acted recklessly thereby breaching the duty of care.
  • Causation: The defendant caused your injuries by not acting reasonably.
  • Damages: Your injuries have led to financial losses.

It is crucial to collect all the necessary evidence to prove negligence in an injury case. This includes gathering photographic and video evidence at the scene of the accident. This kind of information is difficult to dispute, and it can go a long way in helping you win your case. 

You also need to compile other records like police accident reports, medical reports and bills, and other expenses related to your injury like transportation. If you have lost your income as a result of your condition, this information must also be included when building your case. 

Send a Letter of Demand

You need to inform the defendant about your intention to file a compensation claim by sending a letter of demand. In this letter, you state the reasons for the compensation claim and the amount of money you want to settle the damages. You should explain all the facts of the matter and provide evidence to support your claim. The insurance company representing the defendant should respond once they get your demand letter. In most cases, injury cases are settled out of court, especially if there is glaring evidence to prove liability.    

Negotiate With the Insurance Company

When the insurance company involved acknowledges receipt of your letter of demand, negotiations for a settlement can start. Your attorney should take a leading role in negotiating a fair settlement since they have experience in dealing with similar cases. In most cases, insurance companies are concerned about protecting their business interests, and they can dispute your claim or offer little compensation. 

When dealing with insurance companies, you should not rush to accept the first award offered. Take your time to determine the settlement you should get. Your attorney must go through all the details of the case to come up with a meaningful figure.

Appeal a Settlement

If you fail to agree with the insurance company involved on a fair settlement, you have a legal right to appeal it and file a lawsuit. This means your case will proceed to trial. However, before you take this measure, make sure you have everything that can help you win the case. The court process is usually longer and costly at times. Furthermore, you should know the statute of limitations to protect your legal right to compensation. Once you miss the deadline, your claim becomes void.

When your knee is injured in an accident, you have a legal right to get compensation from the party responsible for causing the collision. There are different steps you can take to get a fair settlement for your injuries. This guide gives you insight into the measures you can take to recover damages.

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