SETTLEMENT VALUE OF KNEE INJURY CASES

Valuing Knee Injuries in Maryland Accident Cases

This page will look at the average compensation payouts in knee injury cases. We will also discuss the factors that drive the potential settlement value of a knee injury. Keep in mind that this page will focus on the value of “serious” knee injuries such as dislocations, fractures, ligament tears, etc. Minor knee injuries such as sprains as covered elsewhere.

The charts on this page show national data for jury verdicts in serious knee injury cases. The average verdict award in a serious knee injury case is $360,000. Only 8% of knee injury verdicts are over $1 million. The median verdict in knee injuries cases is around $114,000. The numbers above include knee injuries in ALL types of cases. However, if we narrow our focus to knee injury verdicts in auto accidents the average awards drop about 25%. In auto tort cases, the average knee verdict is $278,000 and the median is only $94,000.

The average payout for knee injuries varies significantly depending on the type of accident or type of vehicle collision. For instance, the median knee injury verdict in rear-end accident cases is under $10,000. But if the knee injury occurs in a motorcycle accident the median verdict is almost $200,000. This is primarily a reflection of the severity of injuries caused by the different accident types. Pedestrian and motorcycle accidents usually result in more serious injuries to the knees when compared to a simple rear-end auto collision.

Knee Injury Compensation Payouts

Factors that Impact the Value of Knee Injury Cases:

There are at least 6 specific factors which have a major impact on the average settlement value of knee injuries. The first factor is the severity (and type) of knee injury. Knee fractures are generally the most severe type of knee injury that you see in auto accidents and they have a higher value. Dislocations are the 2nd most serious type of knee injury. Tears of the ACL or MCL are next in severity level, followed by PCL injuries (a/k/a dashboard knee).

The second valuation factor in knee injury cases is the plaintiff’s medical history. By medical history what we mean is whether the plaintiff had any preexisting knee injuries or degenerative knee issues before the accident. This can push the settlement payout lower because the insurance company will argue that the knee injury was not actually caused by the accident. The third factor (which ties into the second) is the age of the plaintiff.  Younger plaintiffs fare better in knee injury cases than older plaintiffs.  Juries and claims adjusters associate knee injuries with age.  So when a younger person has a knee injury its easier to assume it was caused by the car accident and not a preexisting issue.

The fourth factor is whether the plaintiff’s treating doctor is willing to testify in the case. Treating doctors make very strong advocates at trial and this is particularly true in knee injury cases. The fifth factor is what Maryland jurisdiction the knee injury case can be filed in. Knee injury cases in Baltimore City and Prince George’s County are going to have the highest value.  Case on the Eastern Shore or Western Maryland are going to have the lowest value.

The sixth and final factor impacting the value of knee injury cases is whether the knee injury results in some type of permanent impairment. In knee cases this is often the most import factor because permanent impairments of the knee can have a major life-altering impact. A permanent knee injury can leave the plaintiff with limited mobility and unable to enjoy certain activities like running or playing sports.

How Much is Your Knee Injury Case Worth?

If you have a knee injury accident case you probably want to know what type of settlement payout to expect. The most effective way of predicting the value of your case is by looking at settlement payouts and verdict awards in prior knee injury cases involving similar facts and circumstances. Below are summaries of results in actual knee injury cases.