This online article is designed to examine the process of making a knee injury claim after an incident which was the fault of a third party. We will look closely at what a knee injury is, how claims are calculated using general and special damages and how you could benefit from using a No Win No Fee solicitor. If appropriate, you could claim for financial and psychological damage too, which would be entirely dependent on your circumstances.
As a claimant, it can be frustrating to attempt to estimate what you are entitled to because there is no real, accurate knee injury claim calculator. That’s why this guide was created: we can’t give an exact amount, but we can help you understand what you could recover after an accident and how you might make a roundabout knee injury calculation.
If you’d like to find out more, keep reading. Alternatively, to speak to an advisor, you can call our team on 0161 696 9685. They provide free legal advice and won’t oblige you to use our services. You can also contact them by email or use our live chatbox.
Select a Section
- How Much Compensation For A Knee Injury Claim?
- Your Injury Explanation
- Make A Knee Injury Claim For An Accident At Work
- Knee Injury Claim For An Accident In A Public Place
- Can You Make A Knee Injury Claim For A Road Traffic Accident?
- How To Calculate Personal Injury Compensation
- What Are Special Damages?
- Case Study: £90,000 For A Knee Injury Claim
- Get Free Legal Advice On Your Claim’s Value
- How No Win No Fee Claims Work Made Simple
- Our Offer Of Free Legal Advice
- More Resources And Guides On Knee Injury Claims
- Knee Injury Claim FAQs
If you’ve recently had an accident caused by a third party’s negligence, you may be suffering physically, financially and mentally. You could be able to claim compensation to cover those damages. Moderate knee injuries that include twisting, bruising, and laceration, for example, with complete recovery could claim for up to £12,900. Torn cartilage that causes permanent damage could be awarded from £13,920 to £24,580. Severe injuries that lead to permanent disability (such as a torn meniscus or fractured patella) can retrieve anything from £24,580 to £90,290. These figures are based on the annually updated Judicial College Guidelines that solicitors may use to value claims. The amounts don’t include compensation for financial impact.
It’s crucial to understand that there isn’t really an average compensation payout for a knee injury in the UK, since injuries differ between people as do other factors. However, this guide aims to assist you as much as possible to estimate your knee injury claim.
This guide outlines:
- Duty of care and what third parties must comply with by law.
- What duties may have been breached and what they mean for your claim.
- What can be used as evidence?
- How claims are valued.
In particular, we look at knee injuries for those who are contemplating an accident at work claim, claiming after a road traffic accident or a public liability claim.
If you’d prefer to talk to a person about your situation (or you’re ready to be put in touch with our panel of personal injury solicitors), contact us on the number at the top of the page. Our team gives free advice and are available 24/7.
Stability of the joints is controlled by four main ligaments. The anterior cruciate ligament joins the thigh and shin bones at the knee joint and is the most commonly injured.
The menisci are the cartilage between the knee joints (singular: meniscus). They protect the knee through stabilising and lubrication. Symptoms can be similar, such as swelling, pain and inability to bear weight so your doctor might need to take an X-ray to diagnose your injury. Also, other diagnostic testing may be needed.
In common knee cap (patella) fractures, healing can take six weeks. However, for some severe injuries, you may require knee replacement surgery, as with serious fractures. Moreover, surgery for a meniscus tear, NHS guidance tells us, can mean hospitalisation for 3 to 5 days and full recovery after two years. For ligament surgery to the anterior cruciate ligament, recovery can take between six to twelve months.
We always recommend seeing a doctor for medical queries, but if you’d like to know what your injuries mean for your knee injury claim, call us on the number at the top of the page or send a live message for free advice.
Many employees are wary of making an accident at work claim, but employers should have insurance for such circumstances under law and the Health and Safety Executive encourages reporting of serious accidents. In fact, the HSE has done real case studies on knee injuries endured after a slip (wet floor), trip (waste material on the floor) and fall from height through a trapdoor.
You might be seeking an injury at work claim because your knee was affected by a Lower Limb Disorder. HSE understands that an unsafe work environment can be the cause of LLDs and are more common in tasks that involve kneeling. Under the Health and Safety at Work etc. Act 1974, employers must ensure as far as reasonably practicable that they are providing a safe working environment.
What Is An Employer’s Duty Of Care?
Section 2 of the Act highlights the overarching point of the law: for employers to protect the health, safety and wellbeing of their employees as much as is reasonably possible. This could involve providing:
- A health and safety policy.
- Safety instructions and employee supervision.
- Regularly maintained equipment.
If your employer followed their duty of care to you, it could prevent a work accident claim.
How Can My Employer Breach Their Duty Of Care?
Looking back on your knee injury at work, did your employer cause your accident by not:
- Maintaining your environment to prevent your fall?
- Training colleagues properly on preventing slips?
- Putting adequate signage at trip hazards?
If you believe your employer didn’t do enough to prevent the incident, you could make a knee injury claim.
Aside from their duty, you should also take into consideration your own behaviour. An injury at work claim could be null if you didn’t follow training standards or knowingly risked your safety as well as that of others.
You could make a public liability claim against various bodies depending on where your accident happened. Many environments can create accidents in a public place. Spills can create slipping hazards in supermarkets, for example, so if you injured your knee after slipping, any public injury claims could lie with them. Additionally, for public accident claims where it is difficult to make a distinction between who owns the land or not (e.g. stairs between a train station and a shopping centre), you should make enquiries or use the Government’s search tool.
The Duty Of Care Of Those In Control Of Public Spaces
Under the Occupiers’ Liability Act 1957, any party in control of land, premises or property should ensure they are safe for visitors or that the occupier clearly warns of risks. Not doing so could lead to a knee injury claim.
The third-party involved in your accident could avoid a public liability claim through hazard signage, for example, or ensuring independent contractors warn you of risks, if applicable.
How Can This Duty Be Breached?
Accidents in a public place can be triggered by a visitor’s neglect to protect their own safety or through an occupier overlooking their duty to protect visitors. Before your accident did you:
- See warning notices, tall fences or guards signalling danger to keep you out?
- Feel that you wouldn’t have had the accident had the occupier reasonably warned you of dangers?
Personal injury claims fall through when it becomes apparent that a visitor was fully aware of risks but continued recklessly anyway. In that case, you would be forgoing your own wellbeing.
Making a personal injury claim after a road traffic accident could be stressful due to the trauma of the RTA itself. Major traffic collisions, such as side-impacts, head-on collisions or crashes while merging, could cause knee injuries. If in a car, the knee could be crushed, which might occur when the driver or passenger hits the dashboard or steering column. Provided the fault was with the other driver, it could constitute a car accident claim.
There were a total of 16,884 injured cyclists and 16,224 motorcyclists reported on the roads in 2019. Riders are more vulnerable to injury after a road traffic accident: knee injury could easily happen after impact with the ground or oncoming vehicle.
Duty Of Care Of Road Users
A knee injury claim could arise after an RTA if one of the road users was not following The Highway Code. Under the code, road users must travel with competent skill and avoid accidents, adhering to the rules of the road.
How Can A Road User Breach Their Duty Of Care?
You may make a car accident claim if the other road user didn’t take care to avoid causing damage to you. However, you should also check that you took a standard measure of care too. Were you moving safely or did your actions alter the road traffic accident? If you choose to make a claim, speak honestly with your personal injury solicitor.
Our advice team can help you with any more details about the third party (or your) duty of care breaches and making a knee injury claim. Call for free legal advice or send a message through our chat service on this page.
Knee injury compensation amounts are split between two types of damages: general and special.
General damages cover the physical and psychological pain the accident caused and impacts on your quality of life.
You may need medical evidence to prove any claim. For example, after a knee injury at work, you may visit a hospital. The records could be used to support your case but medical evidence provided by an independent professional would be integral to your knee injury claim. The expert would create a report which could be used to prove your injuries were caused by the accident and weren’t pre-existing. Your personal injury lawyer would use the evidence for valuing your injuries.
Based on annually updated Judicial College Guidelines, a knee injury claim could be compensated for anything up to £90,290 where the joint is severely affected, resulting in loss of function and knee replacement surgery.
For free legal advice on pre-existing conditions and general damages, you could be entitled to, call us or send a message in the chat. Advisors are ready all day, every day.
Special damages cover a range of financial losses, from loss of earnings (e.g. insufficient sick pay, no attendance bonus) to travel costs (e.g. taxi to A&E). As long as the losses were accrued due to the injury and you can provide evidence (e.g. bills, receipts, tickets), you could make a knee injury claim.
Special damages also include additional care. After knee surgery, you may have been eligible for help at home or you may have paid for it yourself. Providing you can prove costs, you could reclaim. You could also claim back the time family or friends spent caring for you.
For an idea of what you can claim in special damages, take a look at our case study below.
Mrs Myers was an administrator at a retail store. She was driving to her daughter’s car one day and was approaching a junction at the speed limit. The lights at the junction changed to green so she had no need to slow down but, when she was in the middle of the junction, another car crashed into her right side. The car had sped through a red light and the impact caused Mrs Myer’s knee to crush against the steering column. Her left leg was jammed and paramedics had to help her get out. After investigation tests at the hospital, the orthopaedist told her she had fractured her patella and torn her meniscus.
The Knee Injury Claim
She had to have knee surgery to replace the knee cap and also mend her torn meniscus. Mrs Myers was unable to return to work for several months and needed help from a carer as well as help with household chores. Mrs Myers was left with permanent mobility impairment. She would probably suffer from osteoarthritis in the future and have a lengthy process of treatment.
Her daughter understood her mum’s financial situation and introduced her to a No Win No Fee solicitor.
The defendant attempted to claim that they had driven carefully, the red light had been obscured and Mrs Myers had been speeding. However, witnesses from the scene did not corroborate these claims and Mrs Myers won her case.
She received £73,255 in general damages and £16,745 in special damages as you can see below.
Type of Special Damages: Includes: How much?:
Travel Expenses To and from appointments/treatment £250
Medications/Prescriptions Prescriptions, treatment, physiotherapy, walking aids, etc. Medication/Prescriptions: £100
Walking cane: £15
Adaptation to Property For injuries that cause serious loss of functions (i.e. amputations, disabilities, etc.) Bath transfer bench: £180
Grab bars for bathroom: £200
Additional Care Professional care at home, from family, childcare, etc. Carer £3000
Future Loss Loss of Earnings, future loss of earnings, potential future care. £10,000
Cleaning/Gardening Cleaning, gardening, areas that require consistent attention. £2000
Mrs Myers’ knee injury claim is to be used as an example. Though fictional, it is based on our experiences and of personal injury claims and is being used for demonstrative purposes.
Your claim’s value depends on your circumstances, how the injury affected you and what the evidence proves. There is no accurate online personal injury compensation calculator because of this.
Hopefully, this guide has given you some clarity on what your claim could be compensated for. But, if you’d like a better gauge of compensation amounts, our team can discuss this with you on the number at the bottom of the page. Furthermore, they give free advice and, to ease the pressure, you don’t have to proceed with our services.
You could hire a solicitor through a No Win No Fee agreement. But, you may be unsure as to what it really means. Essentially:
- If you lose your case, you don’t pay your solicitor fees.
- After winning your case, you would only pay personal injury solicitor fees at a fraction of the cost of your overall compensation. (The fee is kept low by law so that the vast majority of your compensation goes to you.)
To conclude, our panel of personal injury solicitors offer these services so, if you’d like to get connected, call our team. Otherwise, if you’d like to talk about anything in this guide or more about No Win No Fee solicitors (without obligation to use our services), contact the team any way below.
7 days a week, all day and night; our advisors answer queries through:
Knee Pain: NHS guidance on dealing with knee pain.
How Much Compensation can I get for a Knee Injury: Our guide with more information on making a claim.
And finally, how to Make a Compensation Claim for Foot Injuries: Read our guide on claiming for foot injuries.
How do I know if a knee injury is serious?
Investigation tests such as an X-ray may be the only way of knowing the true extent of your injury.
How long should it take for a knee injury to heal?
This will all depend on the type of injury.
How much money can you sue for pain and suffering?
How much you personally suffered physically, mentally and financially reflects how much you claim for. To find out more, read the first and second section of our guide to making a knee injury claim.
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Published by AL.