Avalon, NJ Personal Injury Law Firms & Lawyers

First, in Nebraska, a person cannot collect punitive damages, which is money paid to "punish" the person or company that did something wrong. Other states do permit a person to collect punitive damages. Second, there is no magic formula to determine what a case is worth. Each case is different and dependent on its owns facts and evidence. A person is entitled to be "made whole" or "compensated" for his or her injuries and damages. There are a number of factors that help determine what a case is worth, which include, but are not limited to: the nature and extent of the injury; medical expenses; whether an injury is temporary or permanent; lost wages; and pain and suffering. If an injury is permanent or will affect a person in the future, the person should receive additional money. I cannot answer your specific question, "How much can I get for knee replacement failure?" without a lot more information. You may want to consult with an attorney.

Yes, you can pursue a claim. But, do you have compensable injuries? Ultimately in order to receive money you will need to seek medical treatment. I am intentionally excluding property damage.

The homeowner, if he or she has a homeowner insurance policy, should have a premises medical payments provision that will pay up to a fixed sum for medical costs. Unless you can show negligence on the homeowner's part, that may be all you can get from him or her. You may have better luck against the homeowner policy of the family of the kid who hurt your son. You should at least try to identify the kid to determine if there's any recovery available. Maybe the kid should be prosecuted criminally as well.