How to Seek Compensation for Knee Injury Claims

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Negosentro| How to Seek Compensation for Knee Injury Claims | Knees are the second most frequently injured body parts, after the back. Knee injuries may occur as a result of medical negligence, car or motorcycle accidents, and use of malfunctioning gym equipment, bicycle accidents, work-related accidents or any other accidents brought about by repetitive practices. If you get a knee injury, you should take it seriously because it can take months or even years to heal completely. In worse cases, knee injuries lead to long term mobility issues or permanent disability. 

If your knee injury is as a result of another person’s actions, you can see compensation by filing a formal claim. The type of claim and amount of compensation will depend on the cause and severity of your injury. To determine this, you will need to get a full diagnosis of the extent of your knee injury before making any knee injury claims. Here is a guide on how to make a knee injury compensation claim. 

  1. Do not ‘walk it off’

Most people believe that if an injury is not fatal, they can simply walk it off. However, when it comes to a knee injury, you should do the exact opposite. A knee injury is often much worse than it appears and putting weight on it will most likely escalate the damage.

  1. Take photos of the injury

Take photos of your knee injury immediately after the accident, before it is treated or wrapped in bandages. This is important because insurance companies and personal injury defenses will try to downplay the severity of your injury. They will highlight pictures of the knee after treatment rather than considering the actual damage done during the accident. Pre-treatment photos will show the true nature of the injury. This will help protect your case in case you need to prove the severity of your injury to your insurer. If you are not in a position to take photos on your own, have a friend take the photos for you.

  1. Seek medical treatment

Knee injuries can cause permanent disability if not treated soon after the accident. Immediately after the injury, contact your emergency services. Get to a hospital as fast as possible for prompt treatment and damage-prevention measures like wrapping, icing, and x-ray to identify damage below the surface. If there is a medical professional on-site, they will attend to you and advice on how safe it is for you to move after the incidence.

  1. Document your experience before the memory fades

When your memory is still fresh, write down the details of the accident. Account for the events before and after the incident. Include any other details you think are relevant to the accident. This will help in strengthening your case when making a claim. A delay in documenting your experience could cause you to forget some crucial details about the situation. This may affect your knee injury claim later on. 

  1. Maintain a record of your medical documents

During the treatment and recovery process, keep a progressive report of your medical treatment. Ensure that you have a record of all test results and x-rays as well as the costs you incur during the treatment process. Ask your doctors to provide you with copies of medical documents during the initial and follow-up assessments. Having these records will protect you from insurers who will want to prove that your injuries are less severe than you say. Also, have an assessment of how long the recovery process will take and how well your knee could recover. 

  1. Do not agree to insurance assessment interviews

If your insurer or any other insurance company requests for an interview, turn it down because it is unlikely that it will work well for you. Bear in mind that an insurance company wants to pay for your medical expenses and lost wages. As such, they will try as much as possible to find a basis for rejecting your claim.  If you grant them an interview, you could be giving them exactly what they need.

  1. Consult an attorney

When filing a compensation claim, the onus will be on you to prove who is legally at fault for your knee injury. This process is complicated by the different laws that come into play. In most instances, these laws depend on the circumstances of the accident. For example, a knee injury from a road accident has different legal implications from the one suffered at work. To maneuver through the legal waters, get a lawyer to guide you through the process. 

Compensation for knee injury consists of two elements – pain and suffering. Compensation should also be done for financial loss and medical expenses. A lawyer can protect you from insurance companies that do not want to compensate you for all these components. When you get a lawyer, work with him a ‘no win no fee’ basis. This way, you will only pay the legal fees after your case has been successful and you have received a full settlement of your claim.

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