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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
A serious knee or hip injury can change how you work, walk, drive, and care for your family — sometimes permanently. Welcome to the knee and hip injury practice at The Epstein Law Firm, P.A. Our New Jersey knee and hip injury lawyers help people whose joints were damaged in car accidents, falls, workplace incidents, and other traumatic events, as well as people facing complications related to knee and hip replacement surgeries and implants. If you or a loved one is dealing with pain, limited mobility, or a surgery you did not expect, we can guide you through the legal process and help you seek the compensation you deserve.
These cases sit at the intersection of orthopedics and the law. Valuing a claim requires understanding the medicine — what was torn, fractured, or worn away, what treatment can and cannot restore, and whether a joint replacement now or in the future is part of the picture. It also requires understanding which legal claim applies, because the same injured knee can give rise to a personal injury lawsuit, a workers’ compensation claim, a claim against a device manufacturer, or some combination of the three. This page explains each of those paths in New Jersey terms.
If you are unsure which path fits your situation, contact The Epstein Law Firm, P.A. for a free consultation. Our attorneys are ready to discuss your situation, evaluate your legal options, and explain the next steps without obligation.
Traumatic knee and hip injuries most often follow a sudden force: a vehicle collision that drives a knee into a dashboard, a fall from a ladder or down stairs, a slip on an icy or wet surface, a pedestrian strike, or a workplace incident involving machinery, lifting, or a fall from height. The knee is particularly vulnerable because its ligaments and cartilage stabilize a joint that bears weight in several directions at once. The hip, a deeper ball-and-socket joint, more often fractures — especially in older adults — or dislocates under high force.
Common knee injuries in accident claims include anterior cruciate ligament (ACL) and other ligament tears, meniscus tears, patellar fractures and dislocations, cartilage damage, and fractures of the tibia or femur at the joint. Common hip injuries include femoral neck and intertrochanteric fractures, dislocation, labral tears, and traumatic arthritis that develops after the initial injury. Any of these can also aggravate pre-existing arthritis or degeneration, and New Jersey law generally allows recovery for the aggravation of a pre-existing condition caused by an accident, even though insurers often argue the condition, not the accident, is to blame.
Repetitive stress and overuse can injure these joints too, particularly in physically demanding jobs. Those claims more often travel through workers’ compensation than through a personal injury lawsuit, a distinction explained below.
When conservative treatment — medication, injections, physical therapy, and activity modification — no longer controls pain or restores function, surgeons may recommend joint replacement. Our page on knee replacement injury claims addresses implant-related problems in more depth.
Knee replacement surgery involves replacing damaged knee joints with artificial implants. Common reasons for knee replacement include arthritis, injuries, or degenerative joint diseases. Hip replacement surgery replaces the hip joint with prosthetic components. This procedure is often performed to relieve pain and improve mobility in cases of arthritis, fractures, or hip joint deterioration. In an accident case, the need for replacement may arise immediately, when a fracture cannot be repaired, or years later, when post-traumatic arthritis destroys the joint. Either way, the cost and consequences of replacement — surgery, rehabilitation, time away from work, activity restrictions, and the possibility of a later revision surgery — are part of the damages picture.
Replacement also has a lifespan issue that matters legally. Artificial joints wear out, and a younger patient who receives an implant after an accident may face one or more revision procedures over a lifetime. A fair claim valuation accounts for that future care rather than treating the first surgery as the end of the loss.
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Most replacements succeed, but complications do occur, and some complications support legal claims. Post-surgical infections can occur, leading to additional medical treatments, sometimes including removal of the implant and staged re-implantation. Implant failures include complications related to the artificial joints, such as dislocation, loosening, or premature wear. Some individuals may experience ongoing pain or limited mobility post-surgery despite a technically completed procedure.
When a complication traces back to a defective implant — a design that wears prematurely, a component that fractures, or warnings that understated known risks — the claim may lie against the manufacturer under product liability law. When a complication traces back to surgical or post-operative care that fell below the standard of care, the claim may sound in medical negligence instead. When the original need for surgery traces back to an accident, the at-fault party may be responsible for the surgery and its reasonable complications. Untangling which of these applies is fact-specific work, and it is one reason these cases benefit from early legal review.
Legal action in knee and hip cases generally rests on one or more of the following foundations. First, negligence: a driver, property owner, contractor, or other party whose carelessness caused the accident that injured the joint. Second, defective implants: legal action may be pursued if the implanted devices are found to be defective or unsafe. Third, medical negligence: if the surgical procedure or post-operative care falls below the standard of care, leading to complications. Fourth, workplace responsibility through the workers’ compensation system, which operates without regard to fault, as explained next.
Each foundation has its own defendants, proof, and deadlines. A single set of facts can support more than one: a worker whose knee is crushed by a defective machine may have both a compensation claim and a product claim against the machine’s maker. Identifying every viable claim at the outset is essential, because pursuing only the most obvious one can leave substantial compensation unclaimed.
If your knee or hip was injured at work, New Jersey workers’ compensation generally provides medical treatment, temporary disability benefits while you cannot work, and a permanency award based on loss of function — without requiring you to prove your employer was at fault. In exchange, you generally cannot sue your employer for the same injury. Compensation is, however, only part of the picture when someone other than your employer caused the harm.
A third-party claim arises when a person or company other than your employer — a negligent driver, a property owner, a contractor, or the manufacturer of defective equipment or an implant — contributed to the injury. A third-party personal injury claim can seek damages that compensation does not provide, including full lost earnings and pain and suffering. The two claims can proceed together, though the compensation carrier may claim reimbursement from a third-party recovery. Coordinating both claims from the start protects the value of each.
Knee and hip claims are valued on documented medicine. Emergency and orthopedic records establish the initial injury. Imaging — X-rays, MRI, and CT studies — shows fractures, tears, and joint damage objectively. Operative reports describe what the surgeon found and repaired. Physical therapy records chart functional progress and plateaus, and treating physicians’ opinions about permanency, restrictions, and future surgery carry significant weight.
Gaps in treatment are the most common self-inflicted problem in these cases. Insurers argue that a person who stopped treating must have recovered, even when the real reason was cost, transportation, or a belief that nothing more could help. If you cannot afford or reach treatment, tell your lawyer rather than simply stopping; there may be coverage mechanisms, including workers’ compensation authorization or auto insurance medical benefits in vehicle cases, that keep care going. Keep a simple record of pain levels, missed work, cancelled activities, and tasks you can no longer perform — that daily-life evidence is often what makes a damages claim concrete.
Depending on the claim type and the facts, compensation may include past and future medical expenses, including surgeries, implants, rehabilitation, and future revision procedures; lost wages and diminished earning capacity when joint limitations change the work you can do; and damages for pain, suffering, disability, and loss of enjoyment of life in a personal injury claim. Workers’ compensation benefits are more limited and follow the statutory structure described above, which is another reason identifying any third-party claim matters.
New Jersey follows modified comparative negligence: your recovery in a negligence claim is reduced by your percentage of fault and barred if your fault exceeds 50 percent. Insurers use that rule aggressively in fall cases, arguing you should have watched where you were walking. Early investigation — photographs, incident reports, witness names, and preservation of the condition that caused the fall — is how those arguments are answered.
The Epstein Law Firm can review the evidence, insurance issues, and next steps that may matter in your personal injury claim.
Personal injury claims in New Jersey generally carry a two-year statute of limitations under N.J.S.A. 2A:14-2. Workers’ compensation claims have their own filing periods, and claims involving public entities can require a notice of claim within 90 days under the New Jersey Tort Claims Act. Product claims against implant manufacturers run on the personal injury clock, often measured from discovery of the defect-related injury. Because several clocks can run at once in these cases, the safest course is a prompt deadline review based on your accident date, your employer, and where the injury happened.
Experience: our legal team has a proven track record of success in handling complex personal injury cases, including those related to medical procedures. Compassion: we understand the challenges individuals face during recovery, and we approach each case with empathy and understanding. Dedication: we are committed to providing personalized attention to your case, ensuring that your legal needs are met throughout the process. Our experienced personal injury attorneys handle cases involving medical device issues, seeking compensation for medical expenses, pain and suffering, and other related damages.
If you are experiencing complications or have concerns related to knee or hip injuries or replacement surgeries, The Epstein Law Firm, P.A. is here to support you. Contact us today for a free consultation to discuss your situation and your options.
Recovery from a serious knee or hip injury is rarely a straight line. Ligament reconstructions and fracture repairs typically involve months of physical therapy, progressing from protected weight-bearing to strengthening and functional retraining. Hip fracture recovery in older patients can involve inpatient rehabilitation and a real risk of never regaining prior mobility. Treating physicians translate that recovery into work restrictions — limits on lifting, standing, climbing, squatting, or driving — and those restrictions drive both wage-loss claims and workplace decisions.
Return-to-work disputes are common. An employer may offer light duty that exceeds your restrictions, or an insurer may argue you can return to a job your surgeon has not cleared. Do not exceed documented restrictions to prove willingness to work; reinjury can harm both your health and your claim. Instead, keep copies of every restriction note, communicate limitations in writing, and let your lawyer address disagreements with the carrier. If restrictions become permanent and your old job cannot accommodate them, that vocational loss is itself a compensable element in both permanency evaluations and personal injury damages.
Maximum medical improvement — the point at which your condition has stabilized even if it has not fully healed — is the milestone around which settlements are usually evaluated. Settling before that point means pricing an injury whose final state is unknown. Where future surgery is probable but not yet performed, medical testimony can present that probability and its cost so the claim reflects it, rather than leaving you to fund a replacement years later from a settlement that assumed you were finished treating.
Insurers in both personal injury and compensation settings commonly arrange examinations by physicians of their choosing, often called independent medical examinations. These examinations are not treatment, and the examining physician’s opinions frequently minimize injury or attribute findings to degeneration. Attend when the applicable rules require attendance, be accurate and consistent about your history and symptoms, and report the examination’s scope and statements to your lawyer promptly afterward.
Your treating physicians remain the most credible voices in most cases, because they examined you over time and made decisions with your health at stake. Where a treating surgeon and an insurer’s examiner disagree about causation — for example, whether an MRI shows a traumatic meniscus tear or ordinary wear — the resolution usually turns on the quality of the reasoning and the fit with your documented history, including how you functioned before the accident. A second opinion from a qualified orthopedist you or your counsel selects can also clarify treatment choices when surgery is recommended and you are unsure whether to proceed. Medical decisions should always be made for medical reasons; our role is to make sure the legal record accurately reflects the medicine, whichever course you and your doctors choose.
One further record deserves attention in every joint case: your function before the accident. Photographs, activity records, work history, and the testimony of family and coworkers about what you could do — climb, kneel, lift, walk distances, play with your children — establish the baseline against which loss is measured. Claims are not valued on diagnosis labels alone; they are valued on the distance between the life documented before the injury and the life documented after it. Preserving that comparison early, while memories and records are fresh, is inexpensive and often decisive, particularly where an insurer later contends that your limitations are exaggerated, recent, or unrelated to the accident that brought you to our office in the first place.
Disclaimer: The information provided on this page is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice regarding your individual case.
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The answers below are general information about knee and hip injury claims in New Jersey, not legal advice for a specific situation. The right claim and deadline depend on how your injury happened and what your medical records show.
Car and truck collisions, falls from heights or down stairs, slips on ice or wet surfaces, pedestrian strikes, and workplace incidents are the most common causes. Knee injuries often involve torn ligaments or meniscus damage, while hip injuries more often involve fractures or dislocation.
The legal claim depends on who caused the accident and where it happened. A negligent driver, a property owner who left a hazard unaddressed, and an employer’s compensation carrier are reached through different claims, so identifying the setting early matters.
Sources: MedlinePlus: Knee Injuries and Disorders; MedlinePlus: Hip Injuries and Disorders.
Generally, yes. New Jersey law allows recovery for the aggravation of a pre-existing condition caused by an accident, even though you cannot recover for the portion of your condition that existed independently of the accident.
Expect the insurer to argue that your symptoms are all pre-existing degeneration. Prior treatment records, imaging comparisons, and your treating doctor’s opinion about what changed after the accident are how that argument is answered, so do not hide your history — document the change.
Sources: MedlinePlus: Knee Injuries and Disorders; New Jersey Courts: Civil Division.
Replacement becomes relevant when conservative care — medication, injections, and therapy — no longer controls pain or restores function, or when a fracture cannot be repaired. In accident cases the need may be immediate or may develop years later as post-traumatic arthritis destroys the joint.
Either way, the surgery, rehabilitation, time away from work, and the possibility of a future revision procedure are part of the damages picture. A claim settled before the need for replacement is understood risks leaving that future care unpaid.
Sources: MedlinePlus: Knee Replacement; MedlinePlus: Hip Replacement.
Infections, loosening, dislocation, and premature wear can follow replacement surgery. When a complication traces to a defective implant, the claim may lie against the manufacturer under product liability law; when it traces to care below the standard of care, it may be a medical negligence claim instead.
Keep your implant records and operative reports, and ask that any removed implant be preserved. Which theory applies turns on expert review of the device and the care, so early evaluation protects both possibilities.
Sources: U.S. FDA: Implants and Prosthetics; MedlinePlus: Joint Replacement.
Workers’ compensation generally provides medical care, temporary disability benefits, and a permanency award without proof of employer fault, and you generally cannot sue your employer for the same injury. But it may not be your only claim.
If a third party — a negligent driver, property owner, contractor, or equipment or implant manufacturer — contributed to the injury, a separate personal injury claim can seek damages compensation does not cover, including pain and suffering. The two claims can proceed together with coordination.
Sources: New Jersey Division of Workers’ Compensation; U.S. OSHA: Workers’ Rights and Protections.
Valuation rests on documented medicine: the diagnosis and imaging, the treatment required, whether surgery or replacement was or will be needed, permanency and work restrictions, lost earnings, and the effect on daily life. Future care, including possible revision surgery, is part of a complete valuation.
There is no standard figure for a torn ligament or a fractured hip, and any lawyer who quotes one without your records is guessing. Detailed treatment records and a record of missed work and lost activities are what move a valuation from estimate to evidence.
Sources: MedlinePlus: Joint Replacement; New Jersey Courts: Civil Division.
New Jersey follows modified comparative negligence. Your recovery in a negligence claim is reduced by your percentage of fault, and it is barred entirely if your fault exceeds 50 percent.
Insurers use this rule aggressively after falls, arguing you should have seen the hazard. Photographs of the condition, incident reports, and witness accounts gathered early are the practical answer, because the condition that caused a fall often disappears quickly.
Sources: New Jersey Courts: Civil Division; CDC NIOSH: Falls in the Workplace.
Personal injury claims generally carry a two-year statute of limitations under N.J.S.A. 2A:14-2. Workers’ compensation claims follow their own filing periods, and claims involving public entities can require a notice of claim within 90 days.
Several clocks can run at once in these cases — for example, a compensation claim and a third-party lawsuit from the same accident. Have every deadline identified from your accident date and circumstances rather than relying on the longest one.
Sources: New Jersey Legislature: Statutes; New Jersey Division of Workers’ Compensation.
Yes — follow your doctors’ recommendations and do not simply stop care because of cost concerns. Insurers routinely argue that a person who stopped treating must have recovered, and treatment gaps are among the most common problems in joint injury claims.
Tell your lawyer about cost or transportation barriers instead. Coverage mechanisms may exist — compensation authorization for work injuries or auto insurance medical benefits after a vehicle accident — that keep medically necessary care going while the claim proceeds.
Sources: MedlinePlus: Knee Replacement; U.S. OSHA: Workers’ Rights and Protections.
We offer a free consultation for knee and hip injury matters, as stated on this page. An attorney can review how the injury happened, what treatment you have received, and which claims — personal injury, workers’ compensation, product liability, or a combination — may apply to you.
Contact The Epstein Law Firm, P.A. through this site or by phone to arrange a consultation. Bring your accident and treatment records if you have them; if not, we can help you identify what to gather first.
Sources: New Jersey Division of Workers’ Compensation; New Jersey Courts: Civil Division.
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