By Cat Grayson. Last Updated 9th August 2023. 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 using our online form.
Select a Section
- Case Study: £90,000 For A Knee Injury Claim
- Make A Knee Injury Claim For An Accident At Work
- Knee Injury Claim For An Accident In A Public Place
- Knee Injury Claim For A Road Traffic Accident
- Broken Knee – Payout Examples
- How No Win No Fee Claims Work
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.
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.
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), a trip (waste material on the floor) and a 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.
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.
How Long Do I Have To Make A Knee Injury Claim?
One thing you may not learn from most knee injury compensation case studies is that it’s important to start proceedings within the correct time limit. If you don’t, your claim may be found invalid or struck out altogether.
Generally, the time limit for starting a knee injury claim is three years from the date of your injury. This is set out by the Limitation Act 1980, which also sets out the exceptions to this rule.
For example, this time limit does not apply to those who were injured while under the age of eighteen. In this case, a litigation friend can begin their claim for them at any time up until they turn eighteen, at which point the three-year time limit will begin.
Similarly, the time limit does not apply to those who lack the mental capacity to make a claim for themselves. In these cases, the time limit is suspended indefinitely, and a litigation friend can bring forward a claim on their behalf. If the claimant regains the appropriate mental capacity, then the time limit will begin on the date of their recovery.
To learn more about making a claim for a knee injury, contact our team of advisors today.
Various factors impact injury payouts. What you see in knee injury compensation case studies are only provided for illustrative purposes. However, they can show how broken knee claims are calculated. We explore a case study later in this guide.
The head of claim that compensates you for the pain and suffering caused by your broken knee is called general damages. In addition to general damages, some claims include special damages. This is discussed in the next section.
To help value general damages, legal professionals use the Judicial College Guidelines (JCG). Guideline figures for various injuries, including a broken knee, are included in this document. The table below contains examples from the April 2022 edition.
|Multiple Severe Injuries + Special Damages||Severe||Up to £150,000||Several severe injuries, combined with financial losses, such as lost earnings and the cost of mobility aids.|
|Knee||severe (a) (i)||£69,730 to £96,210||Lost functioning, considerable pain, lengthy treatment, ligamentous damage and osteoarthritis development from a severe knee injury that caused disruption of the joint.|
|Knee||severe (a) (ii)||£52,120 to £69,730||Constant and permanent pain and movement limitations from a leg fracture that extends into the knee.|
|Knee||severe (a) (iii)||£26,190 to £43,460||Continuing symptoms such as pain and movement limitations that aren't as severe as above.|
|Knee||moderate (b) (i)||£14,840 to £26,190||Mild disability or accelerated symptoms of a pre-existing condition from dislocations, torn cartilage or meniscus.|
|Knee||moderate (b) (ii)||Up to £13,740||Less serious cases of dislocations, torn cartilage or meniscus as well as less serious accelerations or exacerbations of pre-existing conditions. Also includes lacerations, twistings or bruising.|
|Severe leg||serious (b) (iii)||£39,200 to £54,830||Scarring, prolonged treatment and instability from fractures or joint injuries.|
|Severe leg||moderate (b) (iv)||£27,760 to £39,200||Severe crushing injuries and multiple or complicated fractures.|
|Less serious leg||(c) (i)||£17,960 to £27,760||Incomplete recovery from fractures or serious soft tissue injuries.|
|General psychological damage||moderate (c)||£5,860 to £19,070||Psychological problems have occurred, but so have improvements to the claimant's mental state. The overall prognosis is positive.|
Call our advisors for a free estimate of your broken knee claim.
What Are Special Damages?
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.
If you have strong grounds to start a personal injury claim for knee injury compensation, you could get support from a solicitor. We recommend getting help from a solicitor who has previous experience with this specific type of claim. If you get in touch with our advisors, they could review your case. If they determine it’s a strong claim, they may then connect you with a solicitor on our panel.
A solicitor from our panel may offer to support your claim on a No Win No Fee basis with a Conditional Fee Agreement (CFA). When claiming with a solicitor under this arrangement, you will not be required to pay any upfront or ongoing fees for their services. Furthermore, if your claim is unsuccessful, then you won’t need to pay your solicitor for the work they have done on your claim.
If your claim proves successful, then your solicitor will deduct a legally capped success fee from the compensation awarded to you.
For more advice on claiming with a No Win No Fee solicitor, you can reach us by:
More Resources And Guides On Knee Injury Claims
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.