Visitor Question

Torn ACL Knee Injury at Work…

Submitted By: Amber (Granbury, Texas )

I caught a patient from falling while I was working at a nursing home. He fell into my knee and hyper-extended it, causing bruising and a torn ACL. I now need 2 knee surgeries. I was the only aide out of 3 that were supposed to be on the floor at the time the accident happened.

I haven’t been able to work for 15 months now and I’ve been to physical therapy 6 times. How much can I get from the nursing home for my 2 knee surgeries and my missed work?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Amber,

If your nursing home carried workmans compensation insurance your settlement will be governed by its rules. Those rules prohibit settlements from including amounts for Pain and Suffering.

If the Nursing home did not have workmans compensation insurance your chances of obtaining a higher settlement amount can be substantially increased. The normal manner to determine “how much (you) I can get” is a process which takes into account many factors.

Some of those factors include the total amount of:

• Your Medical Bills.

• Your Out of Pocket Expenses (These include prescription medications, over the counter medications, bandages, knee braces, parking fees, and even a prorated amount of gasoline you used when going for treatment and other locations necessitated by your injuries and treatment).

• Lost Wages for the entire time you have been out of work since the collision, and

• An Amount for Pain and Suffering.

In some accident-injury case it is alright to represent yourself.

In the more serious cases, like yours, representing yourself is the last thing you want to do.

Your settlement should include a multiple of all of your medical bills.

Because things like Pain and Suffering are intangible and therefore immeasurable the multiplication of medical bills is one of the tools used by the insurance companies and attorneys.

Because your future physical well-being is still undetermined, the amount of compensation for it has to be included in the process used to effect a fair settlement. Make sure before you agree to anything in writing that you review it with an attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 9, 2011

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