Article Updated:  September 15, 2021

 Lawyer Explains Knee Surgery Verdicts and Settlements

Knee Surgery Verdicts and Settlements

Lower body injuries, including those to the knee, are typical in fall cases.  They can happen in other scenarios, too, such as vehicle collisions.

Regardless of how you suffered a knee injury, with resultant surgery, you will benefit from this article.  In it, you will learn:

   What are common knee injuries?

  Which treatment options do you have for your knee injury

  Will the type of treatment you receive increase or decrease your knee surgery compensation

  Is there a chance that you will have permanent restrictions after knee replacement surgery

Keep reading below to learn the answers to these questions and more.


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knee surgery compensation explained
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sample knee surgery verdicts summaries
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Common Knee Injuries

knee surgery verdict demonstrativeThe collection of nerves, ligaments, tendons, bones and muscles all connect in a sensitive manners in the knee and any injury in this area can affect one or more of these parts of the knee.

Some of the most common injuries that a knee can sustain are:

   Fractures

   Sprains

   Torn ligaments/ ACL

   Complete break or shattering of the knee

Each injury type will have a different set of possible treatment options.

Depending on the age of the person who is injured, the past medical history of the individual and the severity of the injury related incident they are involved in, there will be different treatment options, too.

Some are benign and can last only a few weeks for recovery, while others can result in the need for serious treatment plans, surgery and lifelong/ permanent injury that will require constant care.

This is particularly true in the case of serious fractures and breaks where there is the need for knee surgery or knee replacement.

Knee Surgery Options

Just like knee injuries are not all the same, treatments are also not all the same. Naturally, then, not all knee injuries will result in surgery.

However, if you end up needing knee surgery it is important to know that on average, an injury that needs surgery will result in higher settlements and payouts.

Knee surgery compensation amounts are therefore higher than those settlements where the knee was injured but no surgery was needed.

What are your surgery options? Some of the most common ones are:

   Arthroscopic surgeries to repair tissue and ligament damage

   Full knee replacement surgery

   Partial knee replacement surgery

   Reconstruction surgeries

Each one of these options will again vary depending on the individual and their medical circumstances.

Similarly, knee replacement settlement amounts and arthroscopic knee surgery settlements are going to vary greatly in value.

The reason for this is that the former is a far more invasive and permanent surgery option which will mean more pain and suffering which translates into more value at the end of the day.

Arthroscopic Knee Surgery v. Knee Replacement

arthroscopic knee surgery settlement exhibitSo which surgery will you need? And how much will this affect your settlement value?

The reality is that the more hurt you are, the longer your recovery time and the more it will cost you in medical bills.

This translates into higher payouts which is why knee replacement settlement amounts tend to be so high.

Arthroscopic Knee Surgery

If you have torn or injured one part of your knee, or have small tears and breaks, it is possible to have the arthroscopic surgery with less severe post-surgical issues.

Nonetheless, like any surgery, an arthroscopic knee surgery has risks.

This is something that all knee surgery verdicts and settlements should take into account.

Knee Replacement

A knee replacement is needed in cases of a shattered knee, multiple torn or ripped muscles and ligaments or a knee that has been destroyed structurally to the extent that it needs to have a full open surgery to be able to reconstruct or partially or wholly replace the knee.

Your surgery will in the end be decided by how intensive your injury was to start with.

Those surgical findings, found in the operative report, will be key evidence in proving your claim and it’s eventual settlement value.

Arthroscopic Knee Surgery Settlements

Payout Factors for Arthroscopic Knee Surgery Settlements

There is no one size fits all formula for an arthroscopic knee surgery settlement because the value will depend on how hurt you are, who is liable, how much the injury affected your lifestyle and how long your recovery process will take.

Some of the variables that will affect your settlement value are:

  Your age and lifestyle

  Which part of your knee was hurt and how badly it was hurt

  How you are recovering and whether or not you are recovering well

  If you need additional treatment like physical therapy

Average Arthroscopic Knee Surgery Settlements

Arthroscopic knee surgery settlements are usually valued between $50,000 and $150,000 based on the cases I dug up in doing research for this article.

By the way, if you were looking for one number as the average, that’s not the way this works.  Cases values are discussed in terms of value-ranges, not individual averages.

That aside, the final value of your knee surgery case depends on the exact injury you had which necessitated the arthroscopic surgery, which I touched on in an earlier section above.

Knee Replacement Settlement Amounts

knee replacement settlement for scarsThe average values of knee replacements will vary from individual to individual, even when medically the injury is the exact same.

There are cases on the lower end that range from $50,000 to $100,000 for less severe injuries which result in knee replacements.

Conversely, I found knee replacement settlements that ranged around $300,000 to $500,000.

The reason for these higher payouts are that in the case of a knee replacement, especially a total knee replacement, you can expect a lifetime of pain and medical care, future knee replacement, and early onset of arthritis.

Knee Surgery Verdicts & Settlements

$101,000.00 (California):  A 57 year old plaintiff was struck by a vehicle that was driving recklessly leading to him having multiple injuries including injuries to both of his kneed. The knees suffered a comminuted left knee fracture, a lateral meniscus tear, and a right medial meniscus tear. These injuries required intensive medical care and it was also recommended by orthopedic surgeons that the victim undergo bilateral arthroscopic knee surgeries. The defendant argued that the injuries were not all caused by the accident but ultimately settled for the amount of $101,000.

$70,882.00 (California):  A 41 year old male driver was in a van on a public highway when the car in front of him started to change lanes without warning leading to an accident involving both vehicles. Plaintiff’s car lost control and hit the defendant’s car. The impact also caused the plaintiff’s car to lose control and go off the highway and into a ditch. Plaintiff brought suit for negligence and vicarious liability. Plaintiff suffered major injuries to the knees which required surgery and physical therapy.

$62,941.00 (Florida):   A 21-year old self-employed individual was left with a tear in his right knee after the car that he was driving in was hit by a car making an illegal left turn. The defendant admitted that the nonparty motorist in the case was driving in a negligent manner and the cost of medical care, including an arthroscopic surgery, were recovered in the settlement that was agreed upon by both sides.

$46,000 (Indiana):  A female driver who was 38 years of age at the time of her accident brought suit against her insurance company after she suffered a torn meniscus during an accident. Plaintiff was struck by an uninsured motorist when her vehicle was going through a green light at an intersection. The impact caused her car to additionally lose control and slam into a concrete median. Plaintiff settled with the insurance company after showing the extent of treatment that was needed which included the need for medication, surgery and downtime causing her to miss work.

Knee Surgery Verdict & Settlement Q&A

Will I have Permanent restrictions after knee replacement?

Yes, it is possible that you will have permanent restrictions after your knee replacement surgery. This diminished quality of life should play a part in determining  your final settlement value in court.

What is the average settlement for a knee replacement?

The average settlement for a knee replacement surgery tends to range from $300,000 to $500,000 on average.

What do Knee surgery compensations take into account?

A knee surgery compensation case takes things like your lifestyle, your age, your injury severity and your treatment plan into account when deciding the compensation that you will receive.

Will having a knee replacement make my settlement higher?

Yes, having a knee replacement as opposed to having a less invasive arthroscopic surgery alone will result in a higher settlement in most injury cases involving the knee.

How invasive are arthroscopic knee surgeries?

An arthroscopic knee surgery is not a very invasive procedure and many people can go home the same day of the surgery. This does not mean it is not a serious surgery because like all procedures, it carries its own risks and complications.

Will my lifestyle affect the knee surgery compensation amount I receive?

Yes, your lifestyle will affect the compensation amount you receive for your knee surgery settlement. If you had a more active lifestyle before the surgery, then there is a higher chance that you will get a higher compensation amount. For example, a construction worker may have a better argument to recover more from a knee surgery settlement than a receptionist.

Knee Surgery Settlement Help

If you had to undergo knee surgery because another person injured you, don’t sell yourself short in settling that claim.

There’s a high likelihood that you will need a future knee surgery or replacement.  Experts I’ve worked with generally put a $50,000 price tag on just that future procedure.

This is a big claim, and you have only one chance to get it right.  Make sure you have an aggressive advocate in your corner fighting for you.

Warmly,

Reza Davani, Esq.
State Bar No.:     1212110211
Federal Bar No.: 30168

Nursing Home Truth

Salzler, M. J., Lin, A., Miller, C. D., Herold, S., Irrgang, J. J., & Harner, C. D. (2014). Complications after arthroscopic knee surgeryThe American journal of sports medicine42(2), 292-296.

Al-Metwalli, R. R., Mowafi, H. A., Ismail, S. A., Siddiqui, A. K., Al-Ghamdi, A. M., Shafi, M. A., & El-Saleh, A. R. (2008). Effect of intra-articular dexmedetomidine on postoperative analgesia after arthroscopic knee surgery. British journal of anaesthesia101(3), 395-399.

Michot, M., Conen, D., Holtz, D., Erni, D., Zumstein, M. D., Ruflin, G. B., & Renner, N. (2002). Prevention of deep-vein thrombosis in ambulatory arthroscopic knee surgery: A randomized trial of prophylaxis with low–molecular weight heparinArthroscopy: The Journal of Arthroscopic & Related Surgery18(3), 257-263.

Rosenberger, P. H., Kerns, R., Jokl, P., & Ickovics, J. R. (2009). Mood and attitude predict pain outcomes following arthroscopic knee surgeryAnnals of Behavioral Medicine37(1), 70-76.

Elsharnouby, N. M., Eid, H. E., Abou Elezz, N. F., & Moharram, A. N. (2008). Intraarticular injection of magnesium sulphate and/or bupivacaine for postoperative analgesia after arthroscopic knee surgery. Anesthesia & Analgesia106(5), 1548-1552.

Howard, D. H. (2018). Trends in the use of knee arthroscopy in adults. JAMA internal medicine178(11), 1557-1558.

Slover, J., & Zuckerman, J. D. (2012). Increasing use of total knee replacement and revision surgeryJama308(12), 1266-1268.

Lalmohamed, A., Vestergaard, P., Klop, C., Grove, E. L., de Boer, A., Leufkens, H. G., … & de Vries, F. (2012). Timing of acute myocardial infarction in patients undergoing total hip or knee replacement: a nationwide cohort studyArchives of internal medicine172(16), 1229-1235.

Murray, D. W., MacLennan, G. S., Breeman, S., Dakin, H. A., Johnston, L., Campbell, M. K., … & Grant, A. M. (2014). A randomised controlled trial of the clinical effectiveness and cost-effectiveness of different knee prostheses: the Knee Arthroplasty Trial (KAT). Health technology assessment (Winchester, England)18(19), 1.

Ayers, D. C., Li, W., Oatis, C., Rosal, M. C., & Franklin, P. D. (2013). Patient-reported outcomes after total knee replacement vary on the basis of preoperative coexisting disease in the lumbar spine and other nonoperatively treated joints: the need for a musculoskeletal comorbidity indexThe Journal of bone and joint surgery. American volume95(20), 1833.

About the Author

This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire.  Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law.  He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).

Mr. Davani has been practicing law for over 10 years.  He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school.  He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.

Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims.  He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states.  He is dedicated to fighting for justice, and welcomes the opportunity to help you.

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