Knee Injury Compensation Claims
If you have been affected by a knee injury we can help.
The purpose of this guide is to help anyone who has suffered a knee injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
knee injury compensation:
Claiming knee injury compensation
If you suffered a knee injury in a road collision, work accident or other accident that wasn't your fault, you may be entitled to claim compensation on a No Win, No Fee basis. You will usually need to start your claim within three years of the accident.
How common are knee injuries?
While there are few studies on the extent of knee injuries occurring in the UK, an estimate extrapolated from BMJ data suggests that A&E would see over 80,000 knee injuries per year.
Cruciate ligament damage, a serious injury caused by unnatural twisting of the knee, accounts for around 40% of all sporting accident injuries.
What knee injuries can I claim compensation for?
You can seek compensation for any knee injury that causes you pain and suffering, including:
- Damage to your kneecap (patella)
- Breaks and fractures
- Damage to your knee cartilage (meniscus and gristle)
- Tears to 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, you may require hospital treatment, including surgery and physiotherapy.
Can I claim for long-term and ongoing knee injury symptoms?
Yes. Some patients require several months of rehabilitation before they can resume normal activities. Others may experience long-term mobility problems. Your solicitor will ensure your total compensation reflects any ongoing need for care and treatment.
Identifying the type of injury and how it has impacted your life is critical to the success of a knee injury compensation claim. Your compensation settlement award will depend on the seriousness of your injury and how it will affect you in the future.
A simple medical examination will probably be necessary to establish the extent of your knee injury and to prescribe any further treatment. Your solicitor will arrange a medical examination at a local medical centre.
Can I claim for an overuse knee injury?
Yes. If you have been diagnosed with bursitis or a similar knee condition caused by your working conditions, you may be able to claim compensation.
Employers must take reasonable steps to protect the health and safety of their staff. These steps include regular training, safety assessments and job rotation to reduce the risk of overuse injuries. Where appropriate, your employer should also provide PPE like knee pads or mats.
If your employer has not taken steps to protect your health, and you developed a knee condition, you will have three years from the date you learned of your injury (or were diagnosed) to start a claim.
Do I have a knee injury claim?
You should be eligible to make a knee injury claim if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a knee injury claim on their own behalf.
What if I can't prove who caused the knee injury?
Your solicitor will work on your behalf to assess your knee injury claim and gather evidence. They will identify the party responsible for your accident.
Can I claim if the knee injury made an existing injury worse?
Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.
The amount of money you could claim for your knee injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your knee injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a knee injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Knee injury compensation amounts
The following knee injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Knee injury||Less serious||Minimal ongoing symptoms||Up to £10,960|
|Knee injury||Moderate||Mild long-term symptoms||£11,820 to £20,880|
|Knee injury||Serious||Less severe long-term disability||£20,880 to £34,660|
|Knee injury||Serious||Chronic pain||£41,550 to £55,590|
|Knee injury||Severe||Chronic pain and loss of movement||£55,590 to £76,690|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a life-altering knee injury can be £55,000
For a less serious arm injury, in isolation, you would typically receive £4,000.
However, if you have a life-altering knee injury and a less serious arm injury, you would typically receive £55,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a knee injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a knee injury will depend entirely on your specific circumstances.
Your knee injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Calculate my knee injury compensation
Calculating how much compensation you can claim for a knee injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your knee injury claim could be worth now:
How long does a knee injury claim take?
How long it can take to get compensation for a knee injury can vary considerably.
A simple liability accepted injury claim might be concluded in a matter of weeks. If liability is denied, however, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. See: How long will my claim take?
How we have helped others
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.
Caring and sensitive support
Your solicitor will handle your knee injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a knee injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a knee injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my knee injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my knee injury claim?
If your knee injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Knee injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a knee injury claim?
In general, you have a time limit of up to 3 years from the date of the knee injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your knee injury claim becomes 'statute barred'.
Can I claim for a knee injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim knee injury compensation.
In reality, there are a number of factors that can affect whether a knee injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.