Your patella (or kneecap) plays an important role in providing much of the strength and stability needed to allow your knee to function normally. If your patella is fractured in an accident, it is likely to cause a lot of pain and could have an impact on your daily activities for weeks, months, or even years. If the accident was somebody else’s fault, you may be eligible to make a fractured patella compensation claim.
Our specially trained advisors can help if you are considering taking action. They’ll begin by reviewing the basis of your claim during a no-obligation consultation. As well as offering free advice, they could forward your case to one of our personal injury solicitors if it is strong enough. Should they agree to represent you, you’ll benefit from their legal expertise on a No Win No Fee basis. As a result, you won’t pay for their work unless you receive a compensation payout.
If you would like to find out more about the process of making a claim, and how much compensation for a fractured patella you could be due, please continue reading. Alternatively, call our claims advisors on 0800 6524 881 if you’d like to discuss your claim right away.
Table of contents
- What Is The Patella?
- Am I Eligible To Make A Fractured Patella Compensation Claim?
- Accidents That Might Result In A Fractured Patella
- How Much Compensation For A Fractured Patella Could I Claim?
- What’s The Average Settlement For A Fractured Patella?
- Evidence To Support A Claim For A Fractured Patella
- Time Limits For Fractured Patella Compensation Claims
- Starting A Compensation Claim For A Fractured Patella
Your patella is the largest sesamoid bone in the body. It is a flat triangular bone situated at the front of the knee joint. As with any bone, your patella can be broken during an accident. The most common way a patella is fractured is when you fall directly onto the knee. Another is where direct force is dealt to the kneecap.
If your claim for a fractured patella is to be taken on by one of our personal injury solicitors, the first thing they’ll need to check is that the defendant owed you a duty of care. For example, if you broke your patella at work, your employer will have a duty of care to take reasonable steps to keep you safe. After that, your solicitor will check whether:
- The defendant breached their duty of care through an act of negligence; and
- An accident occurred as a result of the negligence; and
- You broke your patella during the accident.
If they agree to represent you, they’ll need evidence to prove how your accident happened, who caused it, and how severe your fractured patella was. Later on, we’ll explain what evidence you could supply to help with this process.
As explained above, you can only seek damages for a fractured or broken patella if somebody else was to blame for your accident. Some examples of accidents that might result in broken kneecaps include:
- If you slipped on water leaking from a freezer in a supermarket accident.
- Where your kneecap was crushed by a forklift truck in a factory accident because the driver was driving too fast.
- If a goalkeeper executed a reckless challenge while playing football and your patella was fractured as a result.
- Where you injured your kneecap after falling from scaffolding that hadn’t been erected properly.
- If your child broke their patella after falling from damaged playground equipment.
- If you tripped on a pavement that was badly cracked and should have already been replaced by the council.
These are just a few scenarios that could lead to a personal injury claim. If there isn’t an example that matches your own, don’t worry, we could still help you to take action. Our team of solicitors could help you to make a claim against the local authority, your employer, a road user or the business or organisation that caused your accident.
It might possible to claim compensation for a broken kneecap sustained during any type of accident including:
If you are suffering from the pain caused by a broken kneecap, contact our team to see if you could be eligible to claim compensation against the party responsible.
It’s important that you consider all of the suffering your broken kneecap has caused when calculating how much compensation you should claim. Two heads of loss are usually used to do so. The first, general damages, is based on any pain and loss of amenity. The second, special damages, is used to try and claim back any costs caused by your broken kneecap.
While it’s true that no two claims are the same, in theory, you could be compensated for:
- The physical pain caused by your broken kneecap and any remedial treatment.
- Loss of earnings when you cannot work because of your injury.
- Any mental suffering that results from your injury. This could include depression, stress or anxiety.
- The impact your injury has on your family life, social activities and hobbies.
- Private medical treatment in some cases where it will help you to recover sooner.
- The time that a loved one, professional carer or friend spent helping you while you were recovering.
- Travel costs caused by your fractured patella.
- Future income loss if your broken kneecap will have a negative impact on your ability to earn in the future.
- Changes and modifications to your home if they’ll make it easier for you to deal with an ongoing disability.
If one of our solicitors represents you, they will assess your claim in detail before submitting it. In all cases, they’ll try to secure the maximum compensation possible for your broken kneecap.
The average settlement for a fractured patella is primarily based on general damages. Therefore we have added a sample of figures advised by the Judicial College (for general damages) to indicate potential payouts below.
- £69,730 to £96,210 compensation for a severe injury to the knee with the development of osteoarthritis, considerable pain, and an arthroplasty or arthrodesis procedure is inevitable or has already taken place.
- £52,120 to £69,730 compensation for similar symptoms as above but less severe.
- £26,190 to £43,460 compensation for a fractured patella but the consequences are less serious than those above.
Please see the following page for other knee injury compensation amounts.
During any claim for a fractured patella, an independent medical assessment will be needed to clarify the extent of the damage. This can usually be booked locally so you won’t need to travel too far. During your appointment, a medical expert will examine your knee and talk about how the injury has affected you. Then they’ll write a report to show how you’ve suffered and to explain your prognosis.
As we mentioned earlier, your solicitor will need to explain why the defendant was to blame if you’re to be compensated for a fractured patella. They’ll also need to show how the accident occurred and how you’ve suffered. The evidence that you might be able to supply to help with this includes:
- Accident scene photographs. If you can, it’s a good idea to capture the scene of the accident with photos from various angles.
- Medical evidence. A broken kneecap should always be x-rayed and treated at a hospital. If you decide to claim for your injury, your medical records can be requested by you or your solicitor.
- Witness statements. If the defendant doesn’t admit liability for the accident, your solicitor could use witness statements to corroborate your version of events. Therefore, ask for contact details from anybody else who was present.
- Accident report forms. Where an accident occurs on business premises, it must be recorded in an accident report book. You are entitled to a copy of the report so ask for one if one was not provided at the time you reported the accident.
- Camera recordings. Another way of proving how your accident occurred is to provide CCTV or dashcam footage. You should request relevant camera footage as soon as possible as it is not likely to be kept for more than a matter of weeks.
Once you’ve gathered as much evidence as possible, or would like advice or help with doing so, please call our team for assistance.
Most personal injury claims in the UK have a 3-year time limit. For a fractured patella, the limitation period will usually begin on the date of your kneecap was broken. The 3-year limit does not apply, however, in claims involving children. Here, an adult could claim at any point on the child’s behalf so long as the claim is made before the child is 18-years old.
Claims can be settled relatively quickly if the defendant accepts liability early and your injuries were straightforward. In more complex cases where the extent of your injuries is not fully understood, the claim is likely to take longer. However, in some cases, your solicitor could ask for interim payments to help you deal with any immediate expenses or to cover the cost of private medical treatment.
We are ready to help if you have decided to seek damages for a fractured patella. To start the ball rolling, all you need to do is call our team on 0800 6524 881. We’ll review your case, for free, to see if it has a reasonable chance of success. If it does, one of our No Win No Fee personal injury solicitors will be asked to discuss your claim with you in more detail.
Thanks for reading this guide on how much compensation for a fractured patella you could claim, and please use live chat or give us a call if you have any extra questions.