Torn cartilage injury compensation claims
The following article sets out what you need to know about making a torn cartilage accident compensation claim.
Cartilage is a flexible, shock-absorbing tissue found throughout the body. It distributes weight evenly across the bones and protects the joints from wear and tear.
In the knee, the primary areas of cartilage tissue are known as menisci. The knee also contains secondary areas of cartilage known as articular cartilages - these protect the ends of the bones at the knee joint. Both of these areas of cartilage may become damaged causing significant discomfort for the injured person.
Torn cartilage is often the result of sudden physical trauma, such as a sports injury. Or it can be the result of gradual damage over time (osteoarthritis). In some cases, torn cartilage injuries are sustained in accidents caused by third party negligence. Anyone affected in such circumstances may be eligible to make a compensation claim, even where the injury is relatively minor.
The meniscus comprises two bands of cartilage on the inside and outside of the knee. It absorbs shock, ensures that weight is distributed evenly over the knee joint and generally allows the knee to function.
Certain types of physical trauma can cause damage to these cartilages. The classic injury is a footballer who rotates his knee in order to tackle whilst the foot is still on the ground. Other accidents include:
- Road traffic accidents that deliver a large impact to the knee.
- Accidents at work such as heavy loading or machine failure.
- Sports and recreational activities, typically football, rugby, tennis and skiing.
Older people are at special risk of cartilage tears since the meniscus weakens with age. More than four out of ten people aged 65 or older have experienced some sort of damage to the knee cartilage, according to the NHS. Treatment depends on how much of the cartilage is torn and the exact site of the damage.
While most cartilage tears heal on their own, larger tears, or a rupture in the middle of the meniscus, may not heal fully without surgery. This is mainly because the centre of the meniscus has no direct blood supply. In the long term, people who have had meniscus surgery are at a greater risk of developing arthritis in later years.
I have a strong claim - why won't a solicitor take it on?
A knee injury compensation claim is likely to succeed, if the injury was result of another party's negligence and that party owed you a duty of care.
One example would be a torn cartilage injury sustained in a car crash where the other driver was at fault. Since drivers owe a duty of care to all other road users, it would usually be possible to make a personal injury claim.
A further example would be a torn cartilage injury caused by a fall in the workplace. All employers are responsible for providing a safe workplace, including the removal of trip hazards, under the Health and Safety at Work etc Act 1974 and other legislation. Employers therefore owe a duty of care to their employees.
To make a successful claim, it must be proven that the defendant was responsible for your injuries. Depending on the type of accident, evidence could include a combination of:
- Medical reports, scans and X rays
- Witness statements
- Work accident log books
- CCTV footage.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
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 torn cartilage 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 torn cartilage injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
The national network of Quittance solicitors carry out the legal work for all types of compensation claim, from short-term injury cases to catastrophic injury. Chosen on the basis of their track record in winning claims, Quittance's panel solicitors have years of dedicated experience.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your 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.
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