£45,000 Compensation Payout For A Knee Injury Caused By A Car Accident – Advice To Help Calculate Compensation Payouts

Are you considering compensation for a knee injury caused by a car accident? What is a typical car accident injury settlement? Could you be eligible for a compensation payout? Perhaps you are a cyclist or pedestrian and were hurt by a driver. This article uses an example case study to explain the claims process from start to finish and aims to help you with your case.

knee injury caused by a car accident

Road traffic accidents (RTAs) can easily happen, but if you were harmed because of negligent driving, we can help. The free advice that we offer in this article aims to provide all the resources you need to decide if you have a claim against a motorist or motorcyclist. We explain how sound guidance from a personal injury lawyer can help you calculate compensation using the right evidence.

Start your claim with us today. It’s free to call, there’s no obligation to proceed with our other services and the initial consultation is just a quick chat using either our live support option in the bottom right of this screen or by phone on 0161 696 9685. You can email if you prefer at Advice.co.uk. Our legal specialists are ready 24/7 and happy to offer whatever advice and help they can.

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A Guide To Claiming For A Knee Injury Caused By A Car Accident

Statistics show the alarming prevalence of road traffic accidents on British roads. During 2019, 1,752 people were killed, 25,945 reported serious injury and 153,158 accidents of all types were reported. That means nearly a quarter of a million people suffered an injury on the roads during this one year alone.

Motorists account for most casualties, but it’s important to note that anyone injured on the roads can start a claim for compensation if they are not at fault. Also providing they can prove a third party is to blame. If you are a cyclist or a pedestrian, we can help you too. There’s also a wide diversity of the type of accidents that can happen, all of which might cause injury to you in a different way, such as:

  • Head-on collisions
  • Cross-traffic accidents at turnings and junctions
  • Single-vehicle crashes with sudden hazards
  • Rear-end collisions
  • Side-impact or ‘T-bone’ impacts

Through no fault of your own, you may find yourself unable to work or look after your children properly. You might start to incur unwanted costs for physiotherapy or other efforts to contain the impact of the injury. We can help.

Our free advice can set you on the right path to compensation. Using our illustrative case study, we explain how car insurance claims can be constructed and calculated to give you the best chance of winning back all these costs as damages from the other party. 

What Is A Knee Injury?

The knee is an integral and essential part of normal bodily movement. The femur (thighbone) and the tibia (shinbone) meet behind the patella (knee cap) and are held in this highly flexible position by tendons, ligaments and muscle. Smooth but tough cartilage stops these two bones from rubbing together and can wear down as we age.

Because the knee is essentially two bones meeting between a spongy pad of cartilage, it is uniquely prone to damage. Anything that knocks the knee with enough force from any direction, can dislodge it and snap tendons, effectively rendering us instantly unable to walk. Sportspeople and very active people can suffer knee injuries from minor to severe and sudden impact can be a cause.

Types Of Knee Injury

Dislocation in the kneecap can also be very painful and can restrict full movement. We bend our knees many times a day and, whilst it is a very durable part of the body, any injury to it can be agony due to this constant demand. Other symptoms of a knee injury include:

  • Fractures
  • The anterior cruciate ligament (ACL) runs diagonally down the knee and requires surgery if it fully tears
  • Dislocation
  • Meniscal tears: cartilage damage between the shinbone and thighbone
  • Bursitis: small fluid-filled sacs that cushion the knee joint and can burst
  • Tendonitis: inflammation of the knee
  • Tendon tears
  • Collateral ligament injuries: affects the ligaments on the outside part of your knee joint
  • Iliotibial band syndrome: mainly affects runners when the iliotibial band rubs against the outside of the knee joint
  • Posterior cruciate ligament injuries: The PCL is located inside the knee. This injury can occur when a powerful force tears the ligament when the knee is in a bent position. This can happen easily in a road traffic accident.

The knee is both essential and vulnerable. Car or motorbike collisions could easily lead to any or several of the injuries above which, depending on severity, could entail months of painful rehabilitation or corrective surgery.

Please refer to this NHS link for more information about knee injuries and always seek medical advice if your knee was hit, dragged, or crushed in a road traffic accident of any kind.

Top 3 Common Knee Injuries

As we explore the requirements for starting a claim for compensation from negligent drivers, we need to look at the rules that support our right to be safe on British roads. The Highway Code requires all drivers to demonstrate a duty of care to each other as they use the roads. There are many different aspects to this duty, which include:

  • Being of minimum legal driving age
  • Having a valid and appropriate licence
  • Being properly taxed and having MOT tests and insurance
  • Passing minimum eyesight requirement tests
  • Driving a roadworthy vehicle
  • Demonstrating due care and diligence at all times
  • Not driving with an undisclosed medical condition could affect ability
  • Never operate a vehicle whilst under the influence of drink and drugs
  • Giving the roads your full attention (not being distracted by mobile phones, etc.)

Passing a driving test is like making an agreement with fellow road users. Your duty of care is extended to everyone who uses the roads—cyclists, and pedestrians also. Yet car accident claims are very common. Our advisors can offer free legal advice to help you if you suffered any type of knee injury caused by a breach of this duty. Just speak to our friendly team for guidance.

Other Car Accidents

The Health And Safety At Work etc Act 1974 also applies a duty of care to employers to safeguard the safety and wellbeing of the employees as far as is reasonably practicable. You may have been injured because your employer provided you with a work vehicle that was damaged and not roadworthy. If so, this law provides the foundation for a claim against your employer.

In addition to accidents caused by other drivers or motorcyclists, you may have suffered injury from a damaged road. The council could be responsible in cases like this and your right to safety is protected here also. The Occupiers’ Liability Act 1957 could be used within this type of claim.

Let’s look at some specific areas of common knee injuries caused by road traffic accidents:

Knee Injury Caused By A Car Accident: Head-On Collisions

Head-on collisions can be, by definition, terrifying events with enormous scope for injury. When two vehicles slam into each other from opposite directions, even at low speeds, the results can be horrific. Given the seated position of drivers, a crash head-on could easily crush the legs, shatter the knees and really cause damage to both drivers.

Rear-End Collisions

This type of road traffic accident can cause injury even at low speed. A slight shunt from behind can be enough to cause knee damage if it causes you to lunge forward, suddenly hitting the dashboard or steering wheel. Any lapse of concentration from another driver, or lack of ability in judging distance can be all it takes for them to bump your car from behind and harm you. Tailgating, panic stops, and any form of erratic driving can easily result in injury.

Multiple Car Pile-Ups

Over 6,000 casualties occurred on motorways during 2019. The horror of a high-speed collision involving several vehicles is something no one ever wants to live through. As the carnage unfolds, any number of serious injuries could result, and damage to your knees is no different. Shattered knee caps or torn ligaments, even extreme spinal damage that affects the ability to walk at all could result.

High speeds and steel vehicles do not mix well and if you were harmed by negligent conduct that resulted in a multiple car collision, speak to our team to help sift through the facts. We can also help if the driver who harmed you was uninsured. Compensation can still be sought against this type of driver. Speak to our personal injury claims team to discuss your options.

Our Quality Estimation Of Your Personal Injury Compensation

We offer an introductory claims evaluation service. Our team can offer advice on how a No Win No Fee arrangement can be the perfect solution to seeking instant legal representation in your case. If you engage the services of a lawyer, you can work together to build an effective case by disclosing every detail of what happened that day and how it has impacted your life since.

Your lawyer may refer to the Judicial College Guidelines to calculate general damages. This publication lists a whole head-to-toe cross-section of injuries and what compensation might be appropriate for them. 

General damages aim to compensate you for:

  • Pain and suffering caused
  • Mental health impacts such as depression
  • Loss of amenity or pleasure in life

Based on the results of your medical assessment, amongst other factors, your lawyer can aim for the highest potential award on your behalf. Whilst never guaranteed, their sharp-eyed attention to detail could dramatically improve your chances of success and significant damages. Straight away, the personal injury lawyer can set your case off in the right direction.

What Are Special Damages?

Once you have a guide figure of compensation for your knee injury caused by a car accident, you can turn your attention to special damages. This head of claim seeks to compensate you for the various financial and provable costs that are a repercussion of your injuries. 

With proof such as bills, receipts, bank statements or invoices, it’s possible to build a compelling catalogue of sudden hardship caused by the other party’s negligence. Outgoings such as:

  • physiotherapy costs
  • loss of earnings from missed work
  • missed future earning opportunities
  • cancelled special plans or forfeited deposits
  • care costs from family or professionals
  • cosmetic surgery or remedial treatments
  • childcare
  • travel costs to hospital or work
  • modifications necessary to your home
  • pet care
  • gardening

Many varying financial losses could be included under this head. If you choose to use a solicitor, when they listen to the full details of your case and you entrust them with your information, it’s possible to understand the full extent of the compensation the other party could be liable for.

All of these cost implications may have only become an issue because of the negligence of another. You could have a right to seek these damages back from them and a lawyer can show you how. Speak to our personal injury claims team today to see what you could claim.

Case Study: £45,000 For A Knee Injury Caused By A Car Accident

As Mr Evans waited at the zebra crossing, the traffic paused to allow him to cross. Halfway across the crossing, a motorist failed to stop. The impact threw Mr Evans to the other side of the road. He endured bruises and his knee was broken in two places.

CCTV footage caught the whole thing on camera and Mr Evans was able to request this footage when he decided to claim against the driver. He also had witnessed. A methodical man, he always kept a close record of all of his outgoings, so it was with growing alarm that he saw his savings start to dwindle as the repercussions of that split-second accident took hold. He decided to seek help. 

Making A Knee Injury Caused By A Car Accident Claim

He found a personal injury lawyer and made a No Win No Fee arrangement. They were able to work together to build a case. Mr Evans’ lawyer explained how any out-of-pocket cost he could prove might be included as damages against the driver. Our table below shows just what he was able to recover in financial loss.

He was ultimately awarded £45,000. This included both general and special damages.

General DamagesHow Much?Special DamagesHow Much?
£24,580 to £40,770 is the suggested award bracket for
knee injuries commensurate with our case
study.
£35,000lost earnings£5,000
private physiotherapy needs£1,000
care help £2000
travel costs to hospital appointments and prescriptions £300
cleaner, cook, gardener etc £1,700

The above is an example case. It is not based on real events, Its purpose is to demonstrate how the claims process works and how solicitors may value injuries.

Receive Free Legal Advice On Your Claim Today

Firstly, we understand that this may be a stressful and upsetting time for you. Being injured because of the irresponsible or negligent acts of another can be angering. The service that we offer to our clients tries to shoulder some of that stress and aggravation. 

There is a three-year time limit to start a personal injury claim and fear of a lack of funds to pay a solicitor may deter people from starting a case they might easily win. (We discuss how you could significantly reduce the financial risk of using a solicitor in the section below.)

When you connect with our personal injury advisors, you are safe in the knowledge that a member of our team could offer you the advice you need. The expertise and insight they have can steer your claim into a favourable outcome whilst providing a buffer between you and the demands of a personal injury claims process. 

Free Estimation Of Your Claim

Our advisors understand that your case is unique to you and they know how personal injury claims are valued. They’ll ask you a few questions and determine an approximate figure. After that, it’s your choice as to whether you continue with the services of our panel of personal injury solicitors or not. You’re under no obligation. If you’d like to find out more, call on the number at the top of the page.

No Win No Fee Claims For A Knee Injury Caused By A Car Accident

The fear of the cost of solicitors prevents many people from starting a compensation claim. They imagine that hiring a lawyer is expensive and that their case may drag on for months, costing them more money in addition to the financial loss during recovery. This does not need to be the case when you use No Win No Fee arrangements.

The immediate advantage to No Win No Fee is that there are no fees to pay upfront to secure the services of a solicitor. Furthermore, there are no solicitor fees to pay as the case progresses, however long that may take. In addition to this, if your case does not win, there are no solicitor fees to pay at all. This means that right up until the point of settlement, you are basically receiving expert, free legal advice.

It’s important to note the advantages of this service do not stop there. If your case is successful, you still only pay a nominal percentage fee to your solicitors. This amount is capped by law and not due until after you have received your payout from the defendant or their insurers.

Our Specialists Will Provide You With Free Legal Advice

Our article has covered a lot of ground, so to summarise:

  • We’ve looked at who caused your injuries
  • The law explains how that person is liable through breach of duty of care
  • Proof such as medical assessments and documented evidence upholds your claim of injury
  • A No Win No Fee lawyer can step in to help
  • Two types of compensation can be calculated and combined to boost the settlement amount
  • Free legal advice and expertise from our team 

With all these aspects explained, you are hopefully in a much better position to understand your options. You are welcome to contact us to discuss anything in this article. The advice is free and you don’t need to make a commitment to us to proceed with our services. Simply use the information to help. If you are ready to start a claim with us, you can

More Resources And Guides On Knee Injuries Caused By A Car Accident

We can offer more advice on the car accidents claims service we are happy to offer and that so many clients already benefit from.

Our guide to broken leg injury claims could help you if your leg was also injured. 

If you’re looking for information about the accident at work claims, this is another area of expertise for us.

Look to the NHS for help and advice about the costs of self-funded care.

Life with a knee injury can be challenging for runners so please read advice from the NHS for support.

You can also access further information about using NHS services.

Knee Injury Caused By A Car Accident FAQs

Does a damaged knee take a long time to heal?

Each injury has varying degrees of severity. Mild cartilage damage can heal in under 4 weeks whereas a shattered kneecap can take months or even years. Always speak to your GP for an accurate prognosis.

Can I drive with a fractured knee?

It’s not recommended. The requirement to break and accelerate are all functions the knee plays an essential part in.

Will knee damage cause problems in the future?

With the right treatment, your knee can heal nicely with no increased risk of later problems. Arthritis is sometimes a consequence of a very bad injury.

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