Knee Injuries After a Car Accident in Chicago: What You Need to Know
Knee injuries are very common after a car accident. Because knees are such complex joints, there are many different types of injuries that can occur. Without treatment, you can end up with chronic pain, reduced mobility, and a host of other complications. Knee pain can significantly affect your ability to work, complete simple daily tasks, and enjoy your favorite activities.
At Cooney & Conway, we understand how knee injuries can impact your life, your mobility, and your livelihood, and we want to help. Our car accident attorneys in Chicago have extensive experience and work hard to protect our clients best interests and legal rights. We always seek the maximum possible compensation on your behalf to ensure you recover the compensation you need and deserve for your medical costs, pain and suffering, and other damages. Call for a free consultation with one of our attorneys today to learn more about your legal options.
Call Cooney & Conway for legal help after a Chicago car accident: (800) 322-5573.
How Do Knee Injuries Happen in a Car Crash?
Knees are one of the most easily injured parts of your body, and the impact of a crash can be unpredictable, slamming your knees against interior objects or twisting them in awkward, unnatural ways. Some of the most common ways knee injuries happen in a car accident include the following:
- Dashboard Impact: This happens when your knees slam into the dashboard during frontal collisions, causing fractures and ligament tears.
- Foot Pedal Entrapment: If your foot gets trapped under pedals, your knee may be forced into positions that damage ligaments and cartilage.
- Seat Belt Forces: Safety restraints restrict your lower body while your upper body moves forward, which may result in rotational stress on knee joints.
- Side Impact Collisions: T-bone crashes could cause your knees to strike door panels or center consoles with intense sideways force.
- Rollover Accidents: A vehicle rollover tosses you around violently in multiple directions, which could twist your knees or cause them to strike other surfaces inside the car.
- Sudden Braking: When you slam on the brakes to avoid a crash, the force causes your body to slide forward, but your feet stay planted, hyperextending your knees in the process.
The complexity of a knee joint combined with the unexpected motion and violent force of an impact can do significant damage. If you have knee pain after a crash, an immediate diagnose and early treatment increases the likelihood of an optimal recovery.
Should I Seek Medical Care for My Car Crash Knee Injury?
Seeking seek immediate medical care is an important first step after any car crash. When you go to the local ER or urgent care center, it is important to tell the doctor that you were involved in a car accident. This information is helpful to medical staff, as it gives them insight as to whether you might have sustained any internal injuries. Be sure to mention any symptoms you have as well – even if they seem minor.
Common symptoms of a knee injury include swelling, bruising, internal pain – especially when walking, putting weight on your knee, or bending it. If you experience knee pain or other symptoms a day or two after a car crash, even if you were not initially aware of any injury, you should have it diagnosed right away.
Early medical attention protects your health; it also adds key documentation in your medical records that will help link your injuries to the accident that caused them.
Can I Sue for a Knee Injury After a Car Accident in Chicago?
Yes, Illinois is a fault-based state for car crashes, which means you can sue for a knee injury in Chicago if another driver was primarily responsible for the crash. The “burden of proof” falls on you as the injured victim, however, which means it is not enough to just say someone caused the crash and your injuries. You will need to be able to prove it. Additionally, since Illinois follows a modified comparative fault system, you must not be 50 percent or more at fault for the incident that injure you.
We recommend consulting with an injury lawyer soon after your crash to learn about your legal options, next steps, and key mistakes to avoid that could hurt your claim. Chicago, like the rest of the state, has a strict two-year statute of limitations. If you miss filing by that deadline, you will likely be unable to pursue any compensation for your injuries.
What If I Had a Pre-Existing Knee Injury Before the Car Crash Happened?
You can pursue compensation for your knee injury even if you had a pre-existing condition before the car crash. After an accident, you will need to prove that your existing knee problem worsened or caused new damage – something your physician can determine and document on your behalf.
Illinois follows the “eggshell skull” rule, which means you can recover damages even if your pre-existing knee condition made you more vulnerable to injury. The at-fault driver must take responsibility for the harm they caused, regardless of whether your knee was already damaged. They cannot use your prior injury to escape liability.
Your medical records can show a clear difference between your knee condition before and after the crash. If you have a primary doctor who is aware of the extent of your condition prior to the accident, they can compare your pre-accident symptoms, limitations, and current treatment.
How Much Is a Car Crash Knee Injury Claim Worth in Illinois?
The value of your knee injury claim in Illinois depends on several factors. Extensive knee injuries often result in greater compensation due to increased medical costs for treating them. However, various other factors impact the value of your claim as well, including treatment needs, the impact of injuries on your daily life, and your ability to work.
If you are eligible to pursue a claim, these are some of the types of compensation you may recover:
- Medical Expenses: All medical costs related to your claim, including emergency room visits, surgery costs, physical therapy, and future treatment needs, may be covered.
- Lost Income: If your knee injury prevents you from working while you recover from your injuries, you can claim lost wages.
- Future Earnings: If your knee injuries cause you to change careers or prevent you from working, you may be compensated for reduced future earnings.
- Pain and Suffering: Illinois courts recognize and award compensation for non-economic damages, such as emotional distress, PTSD, scarring, and disfigurement.
- Permanent Disability or Impairment: Knee injuries that cause lasting limitations in mobility or function significantly increase settlement values.
- Future Medical Care Needs: Ongoing treatment, potential knee replacement surgery, or lifetime medical monitoring add substantial value to your claim.
Why Do I Need to Follow My Doctor’s Care Plan for My Car Knee?
Your doctor’s care plan for your car accident knee injury helps to ensure an optimal recovery while protecting your health – ensuring you don’t cause yourself further injuries. In addition to protecting your overall well-being and aiding your recovery, it helps your legal case.
Insurance companies frown on crash victims who skip medical appointments or ignore their doctor’s recommendations, such as avoiding certain activities or attending physical therapy. Gaps in treatment or failing to follow medical advice gives insurance companies room to argue that you were not injured that badly – or at all, which can significantly damage your claim.
Common Knee Injuries After a Car Crash
Car crashes cause several types of knee injuries when your legs hit the dashboard or if they get trapped under the pedals. When impact causes injuries to your knee, it could lead to:
- Torn ACL (Anterior Cruciate Ligament): The ACL tears when your knee twists or hyperextends during impact. This injury causes severe pain, swelling, and instability that could require surgery.
- Meniscus Tears: The meniscus is cartilage that cushions your knee joint. Car crashes can tear this cartilage when your knee gets compressed or twisted, causing pain and stiffness.
- Fractured Kneecap (Patella): Your kneecap can crack or shatter when it hits the dashboard during frontal collisions. These fractures often require surgery to repair and could cause long-term arthritis.
- Dislocated Kneecap: Impact forces knock your kneecap out of its normal position, causing pain and immediate inability to straighten your leg.
- MCL and LCL Tears: The medial and lateral collateral ligaments on the sides of your knee can tear during side-impact crashes or when your foot gets trapped while your body moves sideways.
- PCL (Posterior Cruciate Ligament) Tears: PCL tears happen when your shin bone gets pushed backward, often when your knee hits the dashboard while your foot stays on the brake pedal.
- Knee Bruising and Swelling: Impact can cause painful bruising and swelling in your knee joint. These injuries may mask deeper damage that becomes apparent later without proper medical evaluation.
Evidence Needed to Prove Your Knee Injury Claim in Illinois Court
Your knee injury claim requires medical documentation and other key evidence that can link your injuries to the crash. The proof in your case can affect your life and finances.
- Medical Evidence: Medical records from the emergency room, your treating doctors, specialists, or physical therapists can provide key information about your recovery process.
- Accident Documentation: Police reports establish the basic facts of your crash and may note if you complained about knee pain at the crash scene. Crash investigators may take photos of the vehicle damage and the scene.
- Expert Medical Testimony: Expert medical testimony helps juries or insurers understand complex medical issues and connect your knee problems to the accident.
- Employment and Financial Records: Pay stubs, tax returns, and employer statements prove your income before the accident and show how your injuries may have reduced your income.
- Pain Diary: Keep track of your daily pain levels and activities you cannot do because of your knee injury. Take photos or videos that show how you move differently, as this evidence helps prove your pain and suffering claims.
When to Call Cooney & Conway After a Car Crash That Injured Your Knee
At Cooney & Conway, our knowledgeable Chicago injury lawyers work diligently to hold negligent drivers accountable. We are deeply committed to helping you secure the full and fair compensation you need and deserve. When we manage your case, you are in good hands. We communicate clearly throughout the legal process, and guide you every step of the way. We want you to be able to focus your energies on healing and getting back to your daily life.
When we represent you, there are no upfront costs or fees to pay We only get paid if you do.
Call Cooney & Conway in Chicago for legal help after a car crash: (800) 322-5573.