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According to a recent Jury Verdict Research study on knee injuries:
- the average verdict in a serious knee injury case is $359,149
- the median knee injury verdict is $114,299
- 8% of knee injury verdicts were over $1,000,000.
How do you define serious? JVR defines it as knee dislocation, fractures, replacements, and aggravation of a preexisting knee injury. I certainly understand the first three categories; aggravation of a preexisting knee injury more subjective and a little harder to define.
Half of these cases are car accident lawsuits and the other half include every personal injury case under the sun. In Maryland, I’ll bet it is probably approaching 75% of the cases because we have fewer premises liability cases because of contributory negligence. It is the most common injury in premises liability cases, most from slip and falls. So it is hard to extract much meaning from this average serious knee injury verdict. But there are a lot of numbers in the report that break it down a little further.
JVR does not provide the average accident knee injury verdict in motor vehicle collision cases. I wish they did because the average verdict always gets you more pumped up. But the median is probably more illustrative anyway. The median knee injury verdict in a car accident case is $94,406. More interesting is the middle 50% – the 25th to the 75th percentile – ranges from $26,255-$216,726. Obviously, that is a big range and I would suggest that bottom quartile
Knee injury verdict statistics
Here are some more knee injury verdict statistics of interest, at least to me:
- Intersection collision accidents have a median of $70,748. The middle 50% range is $28,250-$237,500
- Pedestrian accidents have a median of $150,000. The middle 50% range is $80,071-$240,000
- Turning collision car accidents have a median of $90,203. The middle 50% range is $34,750-$192,038
- Motorcycle accident knee injuries involve, as you would expect, more serious injuries. The median verdict is $191,884. The middle 50% range is $83,300-$287,500. Keep in mind, this is a survey of plaintiffs’ verdicts. The hard part in motorcycle accident cases is getting the verdict in the first place. It is amazing how many motorcycle accident lawsuits involve contested liability. Motorcycle cases get fought like World War III on liability in cases where the defendant’s lawyer would stipulate to liability under the same facts if the plaintiff was driving a car. It never ceases to amaze me. But I’ll admit there is a method to the madness: juries don’t like motorcyclists. Is this unfair? Of course it is. Can good counsel overcome it? Often, yes.
- Rear end accident knee injuries have a median verdict of woeful $9,095. The middle 50% range is $1,624-$41,098. This makes sense. It does because there are just not a lot of knee injuries in rear end accidents. So many of the claims that are brought are those with preexisting injuries, which are the toughest cases to bring. There are not a lot of serious “knee injuries only” in rear-end car accidents. If you hurt your knee badly in the accident, chances are you have a more serious injury than just your knee.