Understanding Osteoarthritis of the Knee and how it Works with Oregon Law
This article will review osteoarthritis of the knee, including what it is, what it looks like and how it might impact your life. We will also cover how this injury is handled under Oregon law.
What makes up the knee?
Within the knee, you have the knee cap, tendons on the side and internally, gliding surfaces (like a Teflon-material), and a structure that provides cushion (the meniscus). The meniscus is there so that you donāt have ābone on boneā when you walk. It also works to protect your gliding surfaces.
A degenerative condition
Osteoarthritis (OA) tends to be a degenerative condition that worsens over time. As a person gets older and develops arthritic conditions, the cartilage (or smooth Teflon-type surfaces) can start to decay or crack, getting thin. This allows the bone underneath to become the active gliding surface. As the condition progresses, most of this cartilage decays until it is completely gone. This creates that ābone on boneā that is very painful.
You can also develop osteophytes or bone spurs. The bone spurs are rough, which can be very painful. When this happens, you donāt have a smooth gliding motion when you walk.
Dealing with arthritic conditions and your insurance company
Arthritic conditions become very important in many different ways through the insurance claim process. Insurance companies will often argue that they are not required to pay anything on behalf of the injured client because this is considered an underlying condition. The insurance company will say that any treatment or physical therapy that was ordered by the doctor was done to address the underlying osteoarthritic condition as opposed to an acute injury from an automobile accident.
Oregon Law comes into play
Under Oregon law, a person can have an arthritic condition like we described above but with no symptoms whatsoever and still be entitled to recovery after an accident. An arthritic condition makes a person more susceptible to develop an injury through an accident. The person becomes injured because of that condition. Under Oregon law, that person is still entitled to recovery. It is called the Prior and Firm Condition Rule.
Secondarily, a person can also have an arthritic condition with some symptoms present. Due to the negligence of another person (car crash, unsafe stairway, bad sidewalk, etc.),Ā if the injury causes the pain and level of discomfort to become worse, that person is entitled to recover for the difference in that worsening or pain level; this includes any treatment necessary to address that worsening pain level, up to and including surgery.
Dealing with your insurance company
Due to the complexities of dealing with injuries and insurance claims, it is vital to have a lawyer who knows the rules regarding this condition ā especially the specific state laws. In most cases of an arthritic condition, an insurance company will jump on the chance to get out of the case and try to avoid paying for the compensation that the person is entitled to receive. Your lawyer will make sure that this does not happen!
If you suffer from osteoarthritis of the knee, or if you suffered another type of injury due to a fall or an accident, contact us today at Dwyer Williams Cherkoss Accident Injury Attorneys for a free case evaluation. You can also reach us directly at: 1-800-285-8678. With over 100 years of combined experience, our team of highly skilled personal injury attorneys will work hard to ensure that you receive the compensation that you deserve!
