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Most Common Knee Injuries in Personal Injury Claims

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Knees are so central to the human body, and quite complex; while they have a limited range of motion compared to other joints, they are responsible for carrying most of our body weight. As such, they are a common spot where injuries occur. Chances are, if you’re dealing with a personal injury related to an accident, it’s located on or around one or both knees.

The following personal injuries to the knee are some of the most common that arise in accident-related claims:

  1. Ruptures and Tears to Tendons

Your chiropractor may explain to you how two main tendons surround the knee and are vulnerable to injury; in particular, to ruptures and tears. These are the patellar tendon and the quadriceps tendon. Due to many factors, especially their location, they can tear quite easily, in which case surgery could be needed.

  1. Fractures

Fractures to the knee commonly affect the patella, i.e. the kneecap. The tibia, fibula, and femur bone are near to the knee and fractures to these bones can affect it as well. Falls and car accidents are the most common causes of fractures to the knee. In either scenario, a great deal of stress can be placed upon the front of the knee, which can lead to a fracture if it is great enough.

There are four different categories of patellar fractures: stable, displaced, comminuted, and open.

  • Stable fractures are when the sections of bone on both sides of the fracture are not displaced, i.e. are stable. This type tends to heal with immobilization and rest.
  • Displaced fractures are when the bone sections are no longer aligned. There can even be a gap between the broken segments. This type of injury tends to need surgery. It could ultimately result in related damage to a tendon or ligament.
  • Comminuted fractures are when the patella is fractured into at least 3 segments. Also considered unstables, this kind of fracture always needs to be operated on.
  • Open fractures are also called compound fractures. This is when fragments of bone are visible through broken skin. An open fracture always requires being operated on, and typically leads to the knee being unstable even after it has healed.
  1. Meniscal Injuries

Meniscus cartilage is located between the femur and the tibia bones in the leg. They are bands of tissue that are highly fibrous and are considered to be “shock absorbers.” This cartilage is important for the knee joint to move freely. Meniscus tears can be complete or partial. Complete tears need surgery. Partial tears may heal with the use of a splint.

  1. Collateral Ligament Injuries

The knee’s collateral ligaments are found on either side of the joint. Injuries to the ligaments are generally from direct contact force which often occurs during athletics. However, it is also common that car accidents and falls can cause the same kind of force. There are often fractures associated with ligament injuries to the knee, which means there can be up to several months of recovery time.

  1. Posterior Cruciate Ligament (PCL) Injuries

Behind the knee is the posterior cruciate ligament, or PCL. It is one of the connecting ligaments between the tibia and the femur. Motor vehicle collisions and falls which force people into twisting motions can often lead to these injuries. An injury to the PCL is often an incomplete tear. It tends to recover with rest and immobilization.

You could be in the position to receive compensation if someone else’s negligence led to your being injured. Any injury to the knee, whether it is mild or severe, could demand a great deal of medical care, and you want to be sure you can pay for the best care so you can recover. Diagnosis, treatment, and ongoing care could all be covered by seeking damages. You can start exploring how by speaking with a personal injury attorney.

 

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How to Prove Causation

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While preparing for your personal injury case, you may have heard your attorney talk about “causation” or “proximate cause” a lot. These are very important legal terms in all personal injury cases, but can be a little complicated to understand.

At its root, causation means that the actions of the defendant led to the plaintiff’s injuries. Think of this as establishing a cause and effect relationship between the defendant’s actions and the injuries of the plaintiff. Even if it has been established that the defendant was acting in a negligent or reckless manner, it still must be proved that their negligence was the cause of the injuries. The defendant does not have to the only cause, but must at the very least be a substantial factor in the events that led to injury.

Causation is also broken into two different types, cause in fact and proximate cause. Cause in fact means simply an event or action that directly resulted in the injuries. If the defendant’s actions were the cause in fact of injury, then the injury would not have occurred without the defendant having acted negligently. Proximate cause takes things a step further by analyzing if the defendant’s actions could have foreseeably led to injury. This is an important part of proving causation. Even if it is proved that the defendant’s actions were the cause of an injury, their actions could have possibly been so far removed from the injury that there was no way to have possibly known they were causing it.

In a personal injury case, causation is only one part of proving that the defendant is liable for injuries, but it is still crucial to understand. The other parts are that the defendant had a duty of care to the plaintiff, the defendant breached that duty, and that monetary compensation is possible.

Though these may seem like simple concepts in theory, they can grow very complicated very quickly. If you are fighting a personal injury case, you need to be sure that you have the very best legal representation available to you in your area. Proving causation effectively will require both experience and skill as a litigator, and he entire case may rely on their ability to effectively demonstrate this causation. Your attorney, like a skilled personal injury or car accident lawyer Atlanta GA trusts will be taking in all of the facts of your case and laying out the best path for you, and creating the strongest arguments available.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into how to prove causation.

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Pet Trusts

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With dog being man’s best friend, it is important to take care of your best friend after your passing. This article not only applies to dogs but any type of pet. What happens to your pet after you pass away? Will your family really care for your pet after your passing? Will your pet have to go to the animal control and spend his or her days there for the rest of his life?

Despite your furry friend being a family member, in most states, your pet is considered your property as an estate planning lawyer Arlington TX relies on. Many state property codes allow pet owners to create trusts for the care of an animal. In trust world, a settlor is the person creating the pet trust. The settlor would have to take the property he or she desires and put it in the name of the trust created to care for the pet. Following are some things you should think about when considering a pet trust.

  1. The animal(s) must be living during the settlor’s lifetime. The trust terminates when the animal passes away, or if the trust is for more than one animal, then the last surviving animal.
  2. Pet Guardian. This is the person or entity that will ensure your pet is taken care of after your passing. If it is a person, you want to be sure it is someone you trust to take your pet to his/her veterinarian appointments, provide food and water, a home, and necessary all care.
  3. Trustee. You will have to designate a person or an entity in your trust document to ensure the pet guardian is being disbursed money each month to care for your pet. To avoid any issues with conflict of interest, it is advised to have two different individuals or entities for the roles of pet guardian and trustee.
  4. Upon passing of your pet(s), the trust will have to designate a person as beneficiary to receive your assets. You can also designate a charitable institute of your liking. If you do not specify a beneficiary to receive the property after the last surviving pet’s death, the property will pass to your heirs under the state law.

Now the question that arises is, does an animal really need a Trust? The answer is, it depends! Chances are, you will probably outlive your pet. However, there are some animals that have a long lifespan. Your kids or grandkids may promise you at this time that they will care for your pet after your passing, but there are circumstances that may come up that may prevent them from fulfilling their promise. They may be allergic or may not be able to afford your pet. In some situation, they may no longer want an animal. To ensure that your pet is taken care of by an entity or a person, it is advised to create a pet trust.

Thanks to our friends and contributors from Brandy Austin Law Firm for their insight into pet trusts.

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