Ligament Damage Compensation Claims
If you have been affected by a ligament damage injury we can help.
The purpose of this guide is to help anyone who has suffered a ligament damage 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
ligament damage compensation:
Personal injury solicitors regularly handle ligament injury claims on behalf of a wide range of claimants. Ligament damage compensation is often sought following work accidents and accidents in public places, particularly slips and trips, but claims can also be made, in some cases, for sporting injuries and for accidents in the home.
Anterior Cruciate Ligament (ACL) injuries, a category of knee injury, are among the most common ligament injuries that compensation is claimed for. That said, the Courts recognise that ligament damage, including stretches, tears or ruptures, can cause significant pain, suffering and disruption wherever in the body it occurs, and compensation for longer-term injury is consequently higher.
Do I have a ligament damage claim?
You should be eligible to make a ligament damage injury claim if you were injured:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - 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 ligament damage claim on their own behalf.
Can I still claim if I didn't report the ligament damage?
If you did not report the accident it can make it more difficult to pursue a ligament damage claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
Understanding the complexity of ligament claims
Because ligament damage has a variety of causes and symptoms, engaging a solicitor at an early stage can increase the likelihood of making a successful claim.
A claim for a neck injury caused by a road accident may require different evidence and may take more or less time than a hand ligament injury sustained in the workplace, depending on a wide range of factors.
Your solicitor will arrange for necessary medical evidence, witness statements and other evidence to be gathered and will help you to negotiate the entire claims process.
Identifying who is liable in a ligament damage claim?
The situation in which the accident occurred dictates where responsibility lies.
On the road
The most common compensation claim for a ligament injury is whiplash caused by a rear-end motor vehicle collision. This triggers soft tissue damage to the neck, shoulders and back In these cases, if the accident is non-fault, the other driver would be held liable for failing their duty of care to other road users.
As the result of a slip, trip or fall
Another common compensation claim is for ligament injuries sustained as the result of a slip trip, or fall. If the slip, trip or fall was the result of a property owner failing to ensure visitors or members of the public were kept safe from harm, they could be held accountable under the Occupiers Liability Act 1957.
Damage due to slips, trips and falls often affects the ankles and knees and the wrists and hands.
In the workplace
Many claims are also made due to accidents in the workplace. Often incorrect manual handling practices are to blame, leading to ligament injuries in the shoulders, elbows and hands - through repetitive strain or a one-off incident. Other scenarios include falling awkwardly from a ladder or into an un-signposted gap or trapdoor, leading to ankle or leg sprains.
In these instances the employer could be liable for failing their legal duty of care towards their employees. This is provided for in a range of legislation, including the Health and Safety at Work etc Act 1974.
The amount of money you could claim for your ligament damage 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 ligament damage 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 ligament damage? (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
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 severe ligament damage can be £55,000
For a more minor leg injury, in isolation, you would typically receive £7,500.
However, if you have a severe ligament damage and a more minor leg injury, you would typically receive £55,000 + a reduced percentage of £7,500.
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 ligament damage 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 ligament damage will depend entirely on your specific circumstances.
Your ligament damage compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Ligament damage compensation
Calculating how much compensation you can claim for a ligament damage 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 ligament damage claim could be worth now:
How long does a ligament damage claim take?
How long it can take to process a ligament damage claim can vary significantly.
For example, a simple liability accepted injury claim could be completed in a matter of weeks. However, if liability is denied a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your ligament damage 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
'No win, no fee' means that if your ligament damage claim is not successful, you will not have to pay your solicitor any money. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal contract entered into between you (the 'claimant') and your solicitor.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a ligament damage claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my ligament damage claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. 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 ligament damage claim?
If your ligament damage claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
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.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Ligament damage 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 ligament damage claim?
In general, you have a time limit of up to 3 years from the date of the ligament damage to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your ligament damage claim becomes 'statute barred'.
Can I claim for a ligament damage 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 612 7456 to find out if you are still able to claim ligament damage compensation.
In reality, there are a number of factors that can affect whether a ligament damage 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.
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.
Read more about this Quittance Legal Expert