Torn Cartilage Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a torn cartilage we can help.
The purpose of this guide is to help anyone who has suffered a torn cartilage 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
torn cartilage injury compensation:
Claiming compensation for a torn cartilage injury
If you have suffered a torn cartilage injury in a road collision, work accident, slip, trip or fall, you may have a right to claim compensation. Your accident must have been caused the negligence or another person or organisation, and will usually need to have happened within the last three years.
What is a torn cartilage injury?
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 pain and discomfort for the injured person.
Torn cartilage is often the result of sudden physical trauma, such as a sports injury. It can also be the result of gradual damage over time (osteoarthritis). In some cases, torn cartilage injuries are sustained in accidents caused by someone else's negligence.
Your solicitor will arrange for a medical assessment to prove what caused your torn cartilage and to work out how much compensation you should receive.
Who is at risk of suffering a torn cartilage injury?
Torn cartilage injuries can happen whenever you are involved in a collision, fall or twist awkwardly. Overuse and repetitive tasks can also lead to cartilage injuries.
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.
Can I still claim if an accident made an existing cartilage injury worse?
Yes. Your right to claim is not affected if you have existing cartilage damage, or are at greater risk of injury.
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.
Do I have a torn cartilage injury claim?
You should be eligible to make a torn cartilage injury claim if you were injured:
- in the last three years, and;
- someone else 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 torn cartilage injury claim on their own behalf.
The amount of money you could claim for your torn cartilage 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 torn cartilage 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 torn cartilage 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
Torn cartilage injury compensation amounts
The following torn cartilage 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.
|Achilles tendon||Minor||Minor injury with full recovery||£5,800 to £10,040|
|Achilles tendon||Moderate||Partial rupture or tendon damage||£10,040 to £16,800|
|Achilles tendon||Serious||Severed tendon fully repaired with surgery||£19,920 to £23,980|
|Achilles tendon||Severe||Severed tendon with permanent symptoms||Around £30,630|
|Finger injury||Serious||Partial loss of index finger||£9,700 to £14,930|
|Foot injury||Serious||Serious, permanent injury||£19,920 to £31,250|
|Hand injury||Serious||Serious hand injury||£11,520 to £23,110|
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 knee injury can be £34,000
For a more minor ankle injury, in isolation, you would typically receive £7,000.
However, if you have a severe knee injury and a more minor ankle injury, you would typically receive £34,000 + a reduced percentage of £7,000.
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 torn cartilage 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 torn cartilage injury will depend entirely on your specific circumstances.
Your torn cartilage 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 claim for an existing torn cartilage injury that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Calculate my torn cartilage injury compensation
Calculating how much compensation you can claim for a torn cartilage 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 torn cartilage injury claim could be worth now:
How long does a torn cartilage claim take?
The length of time needed to process a torn cartilage claim can vary considerably.
For instance, a straightforward liability accepted injury claim could be settled in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, an injury claim will take 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 torn cartilage 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.
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 is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a torn cartilage 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 guarantee
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your torn cartilage injury. Read more about making a No win, no fee claim
What do I pay if I win my torn cartilage 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%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my torn cartilage injury claim?
If your torn cartilage injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. torn cartilage injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
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
Torn cartilage 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 torn cartilage injury claim?
In general, you have a time limit of up to 3 years from the date of the torn cartilage injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your torn cartilage injury claim becomes 'statute barred'.
Can I claim for a torn cartilage 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 torn cartilage injury compensation.
In reality, there are a number of factors that can affect whether a torn cartilage 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.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.