Significant knee injuries are life-changing events that can cause permanent damage and affect a person’s ability to perform normal daily tasks. Different types of accidents or hazardous conditions can lead to knee injuries, such as vehicular accidents, unsafe workplace conditions, hazardous business premises, and sports.
Common knee injuries that can alter a person’s daily life include dislocations, ligament injuries, meniscus or cartilage tears, and fractures. When you are harmed due to suspected negligence, a Houston knee injury lawyer could help you seek compensation. Consult with one of our skilled catastrophic injury attorneys today for more information on how you can pursue damages.
Damages a Knee Injury Victim Could Recover
The state allows individuals that suffer knee injuries caused by negligence to pursue a personal injury lawsuit. If a court finds that the defendant’s negligence or reckless conduct caused the injury, the victim could receive economic damages, noneconomic damages, or punitive damages.
Economic damages have a real dollar value, such as lost salary or wages, hospital bills, and lost future earning capacity. Noneconomic damages compensate a victim for their intangible losses, like pain and suffering, emotional distress, and lost consortium with a spouse or partner.
The victim can also pursue exemplary or punitive damages under Texas Civil Practices & Remedies Code § 41.001, which are intended to punish the defendant and deter repeat behavior when the plaintiff can show they acted with malice or gross negligence.
The state places a dollar limit on punitive damages, which is the greater of $200,000 or double the amount of economic damages plus the noneconomic damages, with a maximum cap of $750,000.
The state also caps damages for certain types of claims. For example, Tex. Civ. Prac. & Rem. Code § 101.023 caps damages at $250,000 per person, $500,000 per incident, and $100,000 for property damage if the defendant is a government entity.
A Houston attorney could consult with a knee injury victim about their maximum compensation potential and help negotiate settlements.
Negligence and Accident Injury Claims
Aside from maximum damage caps, a lawyer in Houston could advise on state rules limiting a person’s recovery if their own negligence contributed to the knee injury at issue.
The state follows the modified comparative negligence doctrine under Tex. Civ. Prac. & Rem. Code § 33.001, which states a person can lose their ability to recover damages if they were over 50 percent negligent in causing the accident. If an injured party is found 51 percent responsible for the incident, they cannot recover any damages.
When the claimant remains under the threshold, the court will reduce the damages by their fault percentage. If a person seeks $50,000 in damages, while contributing 50 percent of the negligence that caused the incident, they cannot recover more than $25,000.
Who Can a Person Sue for Their Knee Injury?
An attorney could help the plaintiff determine the appropriate party or parties to sue for accidents that lead to knee injuries in Houston.
Depending on the type of accident that caused the injury, a person could potentially have a claim against another motorist, a medical doctor, a business with unsafe premises, or the victim’s workplace.
When analyzing liability for negligence, the court will ask if the defendant owed the victim a duty of care. The Houston lawyer could discuss the best evidence to establish a duty of care for knee injuries.
For example, workplace accidents require an analysis of whether the business has workers’ compensation insurance. If an employer has workers’ compensation insurance, an injured employee must utilize those benefits, under Tex. Civ. Prac. & Rem. Code § 408.001.
If the employer has workers’ compensation insurance, an injured employee can only bring a claim if they can prove that the employer acted with gross negligence.
Contact a Houston Attorney About Your Knee Injury Claim
You should call an attorney immediately for a consultation when you suspect your knee injury was caused by negligence. The state has a two-year time limit to bring your claim and the court can dismiss your action if you delay.
A Houston knee injury lawyer could advise you on your rights to bring a personal injury claim and help identify the responsible party or parties. Call today to set up a consultation with one of our hard-working attorneys.