Legal Copywriting Sample Full Article July 2020

Leg and Knee Injury Car Accident Settlements 

Your body can suffer many injuries in an auto accident. From head injuries to whiplash to paralysis, the aftermath of an accident can be catastrophic. While the lower half of the body is more concealed when you are behind the wheel, it can be injured just as badly as other body parts. A leg injury in a car accident can be devastating and affect you for the rest of your life. 

If you suffer a leg injury in a car accident, it is critical to work with a skilled car accident attorney who can show how much your leg injury affects your life. That way you may receive the largest possible compensation in a leg injury lawsuit or insurance claim. 

Below is detailed information about leg injury and knee injury settlements from car accidents. We also discuss the most common types of leg and knee injuries from car accidents. If you have questions about your leg or knee injury case, talk to an experienced personal injury attorney today. 

How Much Is My Leg Injury Case Worth? 

Every leg injury case is different and will produce a different result. The truth is that two car accidents and leg injuries can look the same but have different outcomes. There are several factors that determine how much of a settlement or award you will get in a leg injury case: 

  • Your total medical bills
  • Potential future medical expenses
  • Percentage of fault for the accident for each party
  • Your past and future lost wages
  • Effects the leg injury has on your work, family, lifestyle, and more
  • The character of the parties involved – do you come across as a believable and credible person to the insurance company or jury? 
  • The quality of your legal representation
  • Which insurance company represents the other driver

Other factors that can influence a settlement are your age, occupation, and whether the actions of the other driver were especially reckless. 

What Is The Average Settlement for a Leg Injury? 

Every car accident settlement where the victim is awarded money takes a number of things into account – the severity of the leg or knee injury, type of medical treatment, length of recovery, and any long term effects of the leg injury. Also, how much insurance is available will affect the settlement. 

According to some legal experts, the common payout for pain and suffering for most cases is less than $15,000. That is because most claims are for relatively minor knee and leg injuries. But in cases with major injuries and surgeries, settlement amounts rise quickly. 

The severity of the leg injury is a big factor for pain and suffering damages. If you look around online at some of the bigger settlements, you will see a few things in common. Most of the bigger leg injury settlements involve a lengthy hospital stay and surgery. 

Here are three settlement examples: 

  • Pedestrian hit by car gets $325,000 settlement for broken leg: A European tourist was visiting Florida. He was across a street and a car hit him. He fractured his tibia shaft (the shinbone). At the hospital, he had surgery to repair the fracture. This was a bigger personal injury settlement than average for a pedestrian accident. 
  • Driver gets $300,000 settlement for broken leg in car accident: The driver was from Georgia driving to Florida on business. A careless driver hit him and fractured his tibial plateau and he also had a torn meniscus in his knee. A major car insurance company insured the at-fault driver and paid $100,000. Another insurance company paid $200,000 from its underinsured driver insurance coverage. 
  • Motorcyclist receives $445,000 settlement for broken finger and leg: A tractor trailer hit a motorcyclist. X-rays at the hospital showed that the motorcyclist had a broken finger and leg. Surgery was needed on the broken finger and leg. The motorcyclist called an experienced car accident attorney while he was still in the hospital. He hired the attorney in his hospital room. Most motorcycle injury cases do not settle for this much. The attorney did not settle the case until the motorcyclist completed all of his medical treatments. 

Here’s an interesting statistic from one personal injury attorney: 15 of his 16 biggest personal injury settlements involved surgery. If you end up needing surgery for your leg or knee injury, your settlement could be higher. And if you are in the hospital with a serious leg injury caused by another driver, do not delay in hiring a personal injury attorney. 

What Is The Average Settlement for a Knee Injury? 

Knee injury car accident settlements can vary widely based on two factors: how severe the injury is, and whether there was a pre-existing condition that made the injury worse. Below are some settlement examples, but yours could be much more or much less, depending on individual case factors. 

Here are some interesting statistics from experienced personal injury lawyers about average settlements for knee injuries: 

  • The average jury verdict for a knee injury is $360,000. 
  • The median jury verdict for a knee injury is $110,000. 
  • One of every 12 knee jury case results is for more than $1 million. 
  • Rear-end crash verdicts with a knee injury are usually less than $10,000. This is because most knee injuries and leg injuries are not severe in rear-end accidents. 

On average, a settlement for a knee injury will range between $70,000 and $150,000, according to some experienced attorneys. But as noted earlier, the most severe knee injuries can have settlements over $1 million. 

Here are a few knee injury settlement examples from personal injury attorneys across the country: 

  • $5.2 million medical malpractice verdict in Maryland: Leg injury victim required amputation below the knee after a severe knee dislocation in a car accident. Doctors misdiagnosed the injury and amputation was required. 
  • $135,000 settlement in Maryland: A pedestrian suffered a knee fracture after being hit by a car while walking through a parking lot. The plaintiff needed surgery. Defendant claimed that the plaintiff contributed to the knee injury because she was not looking where she was going. Case was resolved in mediation. 
  • $375,000 settlement in New York: A 30-year-old construction worker was in a head-on crash with a car while making a left turn. Plaintiff went to the hospital complaining of back, neck, and left knee pain. The plaintiff sued the driver of the car he was in. Over three years, the plaintiff required three knee surgeries with $77,800 in medical bills. 

A knee injury is never a good thing, but from the personal injury side, there is one piece of good news: A knee injury is fairly easy to prove in a lawsuit. Most knee injuries can be definitively diagnosed with an X-ray or MRI. 

What Are Common Broken Leg Compensation Payouts? 

The broken leg compensation payouts detailed below are for broken tibias and fibulas. 

Some attorneys say that in tibia fracture cases, it is easier to get money for pain and suffering because juries are more likely to say that a broken bone is a permanent injury. You may have a higher chance that the at-fault driver’s bodily injury liability policy will pay the maximum amount if you have a fracture to your tibia. 

It is common for auto insurance companies to pay maximum limits ($10,000, $20,000, or $25,000) for a leg fracture, assuming the other driver’s negligence caused your injury. However, if the at fault-driver does not have bodily injury (BI) liability insurance, you may not get any compensation. 

A good starting point for pain and suffering compensation payout for a tibia or fibula fracture is $25,000-$40,000. 

However, if you have surgery for your tibia or fibula fracture, the full value of your pain and suffering could be at least $100,000. 

One estimate from a personal injury attorney said his average payout for a tibia injury with surgery where there was adequate insurance to pay the full value of the case was more than $356,000. 

But in another case, the driver only received $10,000 although he had tibia surgery. The negligent driver had just $10,000 of BI insurance. 

Clearly, these broken tibia and fibula settlement can be all over the map. A crucial piece of the puzzle is whether there is enough insurance to pay the full settlement value of the claim. Here are some examples where there may be enough insurance to pay for a broken tibia or fibula with surgery claim: 

  • Lyft or Uber driver hit you and was working at the time
  • Another driver if the accident victim was an Uber or Lyft passenger
  • A person making a delivery for Amazon Flex, Ubereats, Grubhub, or Doordash
  • A driver who rented a vehicle and bought bodily insurance coverage 
  • A negligent driver driving a commercial vehicle for a major corporation such as Target or Walmart

In the above cases, there will probably be at least $1 million of bodily injury insurance available. But for most broken tibia and fibula injuries with surgery, the settlement amount will be a lot less than $1 million. An exception would be if you have multiple surgeries and infections. 

Here are some reported broken tibia and fibula settlements: 

  • $65,000 settlement for broken fibula after vehicle hits pedestrian: A man was vacationing in Florida when he was hit in a crosswalk. He did not require surgery, so the case was settled by Geico for $65,000. If he had needed surgery, the case could have been worth $100,000 or more. 
  • $33,000 settlement for a tibial plateau fracture when car hits biker: The bicyclist had a non-displaced fracture, meaning the bone cracked part of the way through but it kept its normal alignment. He did not need surgery for his broken leg or torn meniscus. 
  • $667,000 for broken leg surgery after car accident: A woman was crossing a street in Miami at a crosswalk. A car hit her in the crosswalk. She had a tibial plateau fracture that required surgery. The driver offered to settle with the accident victim’s insurance company for $400,000, but they rejected the offer. This case went to trial and the jury decided on $167,000 for loss of wages in the future, past medical costs, and future medical costs. They also awarded her $500,000 for her pain and suffering, disfigurement, impairment, mental suffering, and loss of enjoyment of life.

Can I Calculate My Settlement With a Knee Injury Settlement Calculator? 

Yes. Lawsuitinfocenter.com offers a settlement calculator that you can use to get an idea what your knee injury settlement might be. The knee injury settlement calculator requires that you to input the following data: 

  • Medical expenses, including hospital stays, rehab, nursing home stays, physical therapy fees, co-pays
  • Property damages, including repairs to your car, or how much it costs to replace it. You also can input towing costs, and any damage to other property in the vehicle. 
  • Lost earnings, including pay for work you missed because of the injuries, as well as lost pay for time you were getting medical treatments, physical therapy, rehab, and chiropractor visits. Sick or vacation days you had to take for your injury treatments count, too. 
  • Pain and suffering multiplier: An insurance company may use a multiplier from 1 to 5 to determine what your knee injury pain and suffering is. A 1 is for a minor injury and a 5 is for a catastrophic knee injury, probably with surgery and months of recovery. You and your attorney will need to figure out the most likely level of pain and suffering that the insurance company will agree to. 

A higher pain and suffering multiplier for a knee injury could be used in these situations: 

  • The other driver was completely at fault for the car accident. 
  • All knee injuries have been detailed by your doctor. 
  • You are suffering serious, painful and traumatic knee pain and injuries. For example, if you suffered a major knee dislocation that results in major surgery and six months of recovery. 
  • Your medical diagnosis is from a doctor or hospital. 
  • Your recovery takes months or years of recovery. 
  • You have permanent knee injury consequences, such as difficulty walking, constant pain, or inability to use the joint. 
  • Your doctor says you will have future medical consequences from the knee injury. 

Remember, a knee injury calculator is just a rough estimate of what you might get in a settlement. There are dozens of factors that may influence what your ultimate settlement check looks like. Talk to a personal injury attorney from Lawsuitinfocenter.com to get a better idea what your knee injury could be worth at the settlement table. 

What Are The Most Common Leg and Knee Injuries In Car Accidents? 

The leg is a major body part comprising many areas: thighs, ankles, feet, and knees. All of these delicate leg structures can be devastated with injury in a car accident in different ways. Below are the most common leg injuries that affect car accident victims. 

Broken legs, Feet, Pelvis, or Ankles

The leg can break in several ways in a car accident. When terrific force is applied to the leg, bones can snap or shatter. The three major bones that can break in a crash are: 

  • Femur (thigh)
  • Tibia (shin)
  • Fibula (calf)

Broken femurs happen often in severe car accidents because the impact of the crash frequently is transferred from the knee into the thigh. A femur bone fracture can take six months to heal. 

In some femur fractures, surgery is required by inserting a metal rod through the center of the thighbone. The surgeon connects the two bone ends and secures the rod with screws. This rod stays in for life in most cases. 

A serious femur fracture can even be life-threatening, so it is vital to seek medical treatment right away with this injury. 

If you have a broken ankle, that involves bones in the ankle joint, which can include the tibia, fibula, and talus, which is the bone under those two bones. 

If you have broken bones in the feet, they are called metatarsals. 

Knee Bursitis

The knee has sacs called bursae that protect the delicate bones, tendons and muscles. In a car crash, the bursae may become inflamed. Inflammation can cause severe swelling, pain and difficulty moving the joint. 

Torn Meniscus

If your knee cartilage is twisted too much in the accident, it can tear and lead to pain, swelling, and stiffness. 

ACL Injury

The anterior cruciate ligament or ACL connects the femur to the tibia. It is essential to provide flexibility and stability to the knee joint. ACL injuries occur often in car accidents. They cause severe pain, swelling, weakness, and popping in the joint. Major knee surgery is required to repair a torn ACL. 

Ligament Injuries

Ligament injuries can involve pinching or severing of tendons, nerves, or muscles that control the leg. 

Lacerations

Car crashes can cause perforations, cuts, or punctures of leg tissue, skin, or bones. 

Amputations 

In a devastating car accident, the leg can be severed or so crushed that amputation is required. 

How Severe Are Common Leg Injuries in Car Accidents? 

The leg is an essential part of the body. It can be taken for granted when our health is good. But your legs are how you move about, get up and down stairs, and engage in many daily activities, from exercise to sports to playing with children. Many people do a lot of walking in their jobs, as well. 

Consequently, a serious leg injury in a car accident can change your life. Not every leg injury means you cannot walk, some do. Even those where you can still walk can leave you with a serious mobility problem or severe pain every day. 

Also, many common car accident leg injuries worsen with age or if you do not get prompt treatment. If you suffer a leg injury in a car accident, take it seriously and get medical attention immediately. 

Get Legal Help For Leg and Knee Injury Car Settlements 

A severe leg or knee injury from a car crash can prevent you from working and enjoying life for weeks, months, or even years. It also can require extensive treatments and physical therapy to return to regular activities. In the worst leg injuries, the disability can be permanent and life-altering. 

If you have a leg or knee injury from a car accident that was caused by another driver, talk to a skilled personal injury attorney today. You may be entitled to financial compensation for your medical bills, loss of enjoyment of life, loss of earnings, and pain and suffering. 

Leave a Reply

Your email address will not be published.