Valuing a Claim: ACL Injuries

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Categories: Medical MalpracticePublished On: December 14th, 2017

Some personal injury accidents result in injuries involving an anterior cruciate ligament (ACL) injury, also known as an ACL injury. If you have been involved in an accident that resulted in a personal injury case involving your ACL, it is likely that you are wondering how that specific injury might impact the value of any settlement or court award that you may receive. This article will look at a few examples of past verdicts and settlements involving ACL injuries and key considerations when attempting to value an ACL injury.

It should be noted that determining an exact dollar amount related to an ACL injury depends on the unique facts associated with the case. However, there are a number of common factors that can be taken into consideration. Because each case and jury is different, past ACL injury verdicts and settlements vary based on the facts and the jury. Below are some ACL injury verdicts and settlements:

  • $2,673,000 total damages, of this amount $1,400,000 was awarded for pain and suffering. This was a case where the plaintiff slipped on grease, tore his meniscus and was unable to perform his job, experienced years of pain, required several surgeries and would require a knee replacement surgery in the future.
  • $850,000 settlement for a construction worker who fell from a ladder and tore his ACL and meniscus. The plaintiff had a prior non-surgical ACL injury, the current injury required reconstructive surgery.
  • $250,000 settlement for torn ACL resulting from a car accident
  • $55,000 verdict after a slip and fall accident for an ACL tear that did not require surgery.

One method that is enlisted by personal injury attorneys when valuing a personal injury claim is to make an educated guess based on awards of similar ACL injury cases in the past. Such guesses are made based on non-economic damages such as pain and suffering. It is virtually impossible for an attorney to accurately determine the worth or value of an ACL injury case. Therefore, the attorney will look at similar cases that have been heard in the past, and will see how they relate to the current case, and will weigh the amount of damages that are likely to be awarded. However, it should be noted that some damages such as medical bills and lost wages are much easier to predict because economic damages such as these are mostly based on the amount the plaintiff demonstrates that he or she has paid or lost and or will continue to pay or lose.

Another important factor that influences the award for an ACL injury is whether or not the plaintiff had a prior ACL injury that made him or her more susceptible to re-injury. If this is the case, it is likely that the plaintiff’s damages will go down. Additionally, it is important to establish whether the ACL injury will temporarily or permanently prevent a plaintiff from making a living. If so, the defendant could become liable for the full extent of lost wages or diminished earning capacity.

ACL injuries and recoveries extend to work place accidents and can result in worker’s compensation settlements. For legal advice and representation contact lawyers in Anchorage Ak, today.

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