Personal Injury Potential Settlement Values: Knee Injuries

By Roger Foisy on November 27th, 2019

Knee injuries can occur with little impact and are often the result of a slip and fall or a minor motor vehicle accident.

In this article, we will take a look at four knee injuries and historical examples of the personal injury settlement values victims have received:

ACL Tear

An Anterior Cruciate Ligament (ACL) tear is one of the most common knee injuries, especially in athletes that play high demand sports (IE. soccer, football, basketball). ACL tears can be caused by changing direction rapidly, stopping suddenly, slowing down while running or landing from a jump incorrectly. Symptoms include: pain with swelling, loss of full range of motion, tenderness along the joint line, and discomfort while walking.

In 1986, the Court in Papamonolopoulos v Board of Education for the City of Toronto, 56 OR (2d) 1 awarded the injured person $40,000 for injuries that included a torn ACL.

To read the full decision on CanLII, click here.

Dislocation of the Knee Joint – Lateral View

A dislocation of the knee joint happens when bones of the leg are moved in relation to the bone in the thigh. Knee dislocations usually happen after major trauma, such as falls or motor vehicle accidents. Common symptoms include: pain, no feeling below the knee, deformity of the knee, and swelling of the knee.

In 1992, the Court in Moody v Windsor, [1992] BCWLD 405 awarded the injured person $85,000 for injuries that included a dislocated knee.

To read the full decision on CanLII, click here.

Meniscus Tear

The meniscus is the rubbery, C-shaped disc on your knee. A meniscus tear is a common knee injury often caused by twisting or turning quickly with the foot planted and the knee bent. Meniscus tears can also be caused when lifting something heavy. Common symptoms include knee pain, swelling, stiffness in the knee, and popping or locking of the knee.

In 2004, the Court in Ouellette v Hearst (Corp. of the Town), [2004] OJ No 1120 (QL) awarded the injured person $110,000 for injuries that included a meniscus tear.

To read the full decision on CanLII, click here.


Comminuted Fracture of the Patella

The patella is a small bone located at the front of the knee that protects the knee and connects the front thigh muscles to the tibia (upper part of the leg). Comminuted fractures of the patella are commonly called by a direct blow, such as from a motor vehicle accident or a fall. Common symptoms include pain and swelling in the front of the knee, bruising, and an inability to straighten the knee or walk.

In 2005, the Court in Mason v Moore, [2005] OJ No 3799 awarded the injured person $90,000 for injuries that included a fracture of the patella.

To read the full decision on CanLII, click here.

Receiving the Settlement You Deserve

People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect you?

I encourage you to view my previous article about seeking compensation for leg injuries, wherein I discuss, in greater detail, the injury and how victims can receive the compensation they deserve.

A thorough lawyer should take the time to fully understand your specific situation, including your life and responsibilities before and after your accident, to ensure you do not under-settle your case. By quantifying every possible loss, you are more likely to receive a just settlement that will help to ease the financial burdens that usually occur during recovery.

If you have sustained a personal injury at another party’s fault, please contact me and my team of experienced personal injury lawyers for a free consultation.

*Roger R. Foisy is not a medical professional. The advice in this blog is not meant to be a substitute for medical advice.

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