Knee injury compensation claims
This guide sets out everything you must know about making a knee injury compensation claim.
While there are few studies on the extent of knee injuries occurring in the UK, estimates suggest that a casualty department covering a population of 400,000 people should expect to see around 500 major knee injuries each year. Cruciate ligament damage, a serious injury caused by unnatural twisting of the knee, accounts for around 40% of all sporting accident injuries.
Quittance's solicitors have assisted people who have suffered knee injuries as a result of:
- car and motorcycle accidents
- cycling accidents (25% of cycle accident claims result in some form of leg injury)
- slip, trip and fall accidents
- a fall from height
- an accident at work
- manual handling accidents
- sporting accidents
- repetitive work practices that cause or aggravate bursitis
- medical negligence.
The cause of the injury is highly relevant to the success of a knee injury claim. It must be shown that the accident was caused by another party's act or negligence, and that the accident in question was the cause of the knee injury.
I have a strong claim - why won't a solicitor take it on?
Compensation may be sought for any type of knee injury that causes pain and suffering to the claimant, including:
- Damage to the kneecap (patella)
- Breaks and fractures
- Damage to the cartilage of the knee (meniscus and gristle)
- Tears to the knee ligaments
- Muscle injuries, such as sprains and strains to the quadriceps, hamstrings and calf muscles
- Bursitis or housemaid's knee.
While some knee injuries recover with minimal medical intervention, others may require hospital treatment including surgery and physiotherapy. Some patients require several months of rehabilitation before they are able to resume normal activities. Others may experience long-term mobility problems.
Identifying the type of injury that has been sustained and how it has impacted the claimant's life is critical to the success of a knee injury compensation claim. The settlement award will depend on the seriousness of the injury and how it will affect the claimant in the future. A simple medical examination is necessary to establish the extent of the knee injuries and prescribe any further treatment.
To make a successful knee injury compensation claim, the accident that resulted in the knee injury must have:
- occurred in the last three years
- arisen from the negligence or omission of someone else
- caused the knee injury.
The claimant's solicitor must demonstrate that the other side (the defendant) can be held legally responsible for the accident. They will be able to gather evidence relating to the accident to establish liability.
It may not be immediately obvious who caused the accident. On other occasions, the claimant may be partly to blame for their injuries. In both situations, a claim may still be made. Where more than one person is responsible for an accident, the compensation claim is typically resolved with a split liability agreement. The claimant usually will be awarded some compensation, but the award will be reduced to reflect the part they played in the incident.
Awards for the pain, suffering and loss of amenity caused by a knee injury are established by the Judicial College. The Guidelines, while not legally binding, help legal professionals determine the financial value of a compensation claim.
These guidelines are set out in the form of a tariff. They describe a specific type of injury and indicate an upper and lower amount of damages an injury with that description should receive, depending on the severity of the injury and the time it will take to heal.
- A sprain or painful bruising to the knee that recovers within 12 months might receive a general damages award of between £1,000 and £4,200.
- Torn cartilage or a knee dislocation that results in a permanent weakening of the joint may result in a settlement of between £10,000 and £19,000.
- Severe damage that leaves the patient in need of knee replacement surgery may be worth between £19,000 and £70,000.
Courts in England and Wales understand that a serious knee injury can have life-changing consequences. For example, a knee injury may affect the claimant's ability to work, drive a car or climb the stairs. Each of these factors will have a monetary consequence. Thus damages may also be awarded for:
- Loss of earnings (including future earnings)
- Medical and personal care costs
- Travel costs
- The purchase of specialist equipment, such as a mobility scooter
- Special adaptations to the home, for example, installing a wheelchair ramp or a stair lift.
A no win no fee arrangement (more correctly called a Conditional Fee Agreement or CFA) is entered into between a claimant and a personal injury solicitor.
A CFA is in essence the terms under which the solicitor represents the claimant.
It sets out what the solicitor will actually do and how the solicitor is remunerated if your compensation claim is successful.
If you instruct Quittance Personal Injury for your knee injury claim there are absolutely no additional costs in the terms and conditions , nothing to pay up-front and the peace of mind that you will not be out of pocket.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim knee injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming knee injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Meet the team
Our national panel of solicitors help injured people with all types of personal injury claims, including short-term, serious and life-changing injury claims. Selected on the basis of their track record in winning claims, our lawyers have years of experience recovering compensation for their clients.