A torn meniscus is one of the most common injuries to knees that can be sustained in a variety of different accidents. As well as being a painful injury, a torn meniscus can stop you from carrying out your usual activities or working. Therefore, if you’ve suffered a torn meniscus in an accident that was caused by somebody else, you may wish to seek compensation for your suffering and any associated costs. In this guide, we’ll look at how much compensation for a torn meniscus might be paid and what type of accidents could entitle you to seek damages.
We can help if you would like to check if you’re eligible to make a personal injury claim. Our service includes a no-obligation review of your case by one of our specially-trained advisors as well as free legal advice about your options. Additionally, if your claim is viable, we could refer you to one of our personal injury solicitors. If they agree to act on your behalf, they’ll represent you on a No Win No Fee basis so you won’t pay any legal fees unless compensation is paid.
Please continue reading to learn more about torn meniscus claims or please call us on 0800 6524 881 today if you’d like to check your options right away.
Table of contents
- What Is The Meniscus And How Can It Be Torn?
- Am I Eligible To Claim Compensation For A Torn Meniscus?
- Common Causes Of Torn Meniscus Compensation Claims
- How Much Compensation Will I Get For A Torn Meniscus?
- Evidence To Support A Torn Meniscus Compensation Claim
- Torn Meniscus Claim Time Limits
- Starting The Torn Meniscus Compensation Claims Process
Both of your knees have two pieces of c-shaped rubbery cartilage (the menisci) between the shinbone and thighbone. They act as shock absorbers between the two bones to protect you from injury.
It is possible to tear the meniscus if the knee is forcefully rotated or twisted while bearing weight on the joint. In some cases, a torn meniscus injury cannot be avoided which means you’d be unlikely to be compensated. However, if your meniscus is torn during an avoidable accident caused by somebody else’s negligence, you may be able to claim compensation for your suffering.
Some of the most common symptoms associated with a torn meniscus include:
- A popping noise at the time of the accident.
- Varying levels of pain in the knee.
- A clicking noise when the knee is bent or a feeling of locking.
- Swelling around the knee a few hours after you were injured.
- Feeling that your knee is about to give way when putting weight on it.
- Inability to bend or straighten your leg fully.
- A feeling of tenderness in the knee.
In some cases, resting the knee can help the meniscus to heal on its own. Doctors may advise the use of ice to reduce swelling and painkillers to reduce the symptoms of a torn meniscus. It may take around 8 weeks or so for your meniscus to heal naturally. However, in more serious cases, surgery might be required.
It is important to realise that if your torn meniscus didn’t require surgery, you could still be compensated for the pain and suffering you had to endure. If you believe your knee injury was caused by somebody else’s negligence, please feel free to let one of our advisors review your claim options for free.
Our personal injury solicitors will usually only take on a torn meniscus compensation claim if there’s a fair chance you’ll be compensated. To assess this, they’ll check whether:
- The defendant in your claim owed you a duty of care; and
- Through negligence, the defendant caused an accident; and
- Your meniscus was torn during the accident.
A duty of care is usually established by legislation such as the Road Traffic Act 1988 or the Health and Safety at Work Act 1974. Don’t worry too much about this though as it’s something your solicitor will verify for you. Instead, you should concentrate on what evidence you might have to prove how your meniscus was torn and who was to blame. We’ll explain this in more detail later on.
As explained earlier, meniscus tears are usually caused by twisting the knee with force. Some of the more common accidents that can lead to torn meniscus compensation claims include:
- Trips and falls. If you trip or fall on a pavement, your leg can become stuck in one position while your body twists. This can result in a torn meniscus in some cases. If you tripped on a cable laid across a corridor, slipped and tore your meniscus on a wet floor or tripped on items left on a shop floor, you could be compensated for any suffering caused.
- Sporting incidents. Torn cartilage is a common sporting injury. You may therefore think that you don’t have the option to claim compensation for sporting injuries. However, if you tore your meniscus because of damaged sporting equipment, an unsafe pitch or poor coaching, a sports injury claim might be possible.
- Road traffic accidents. It’s quite common for torn meniscus injuries to result from a car crash or other types of collisions on the road. They are more common in cases where the leg becomes trapped and twisted. As well as those inside vehicles, pedestrians and cyclists are susceptible to meniscus injuries following a collision as well.
- Workplace accidents. As your employer has legal responsibilities to take reasonable steps to keep you safe at work, you may be able to claim compensation for workplace injuries caused by inadequate training, an unsafe working environment, or faulty equipment.
Please contact us if you believe your torn meniscus was caused by an accident that was not your fault. We’ll assess your claim and explain your options for free.
When making a personal injury claim, you can use two heads of loss to calculate how much compensation for a torn meniscus should be awarded. General damages are used to cover any pain and suffering caused by your injuries and special damages are used to cover any associated costs or expenses.
If your torn meniscus claim is successful, it could include compensation to cover:
- The physical pain and suffering.
- Any mental harm such as depression or anxiety resulting from your injury.
- The impact your torn meniscus has on your usual hobbies or activities.
- Lost earnings and future loss of income.
- Care costs if somebody else supported you while you were incapacitated.
- Medical expenses such as physiotherapy costs.
- Travel expenses.
- The cost of repairing or replacing personal property damaged during your accident.
- Home adaptations if your injuries leave you with a long-term disability.
If your claim is handled by one of our specialist solicitors, they’ll try to fully understand how you’ve been affected by a torn meniscus to try and secure the maximum compensation possible.
To give you some idea about how much compensation could be awarded for a torn meniscus, we’ve referred to the guidelines (for general damages) set by the Judicial College which currently advise:
- £14,840 to £26,190 compensation for a torn meniscus that causes wasting, weakness, minor instability or some other mild disability in the future.
Please bear in mind that each compensation claim for a torn meniscus is unique, therefore these figures are not guaranteed. To help prove the extent of your injuries, you’ll need an independent medical assessment as part of the claims process.
In most personal injury claims, you’ll need to convince the defendant’s insurers why you should be compensated. That means you’ll need evidence to show how the accident happened, who caused it and how much you’ve suffered as a result of your meniscus tear. The types of evidence you could use include:
- Witness details to help clarify what happened if the defendant denies liability for the accident.
- Medical records from your GP or the hospital that diagnosed your injuries.
- An accident report form to verify where and when your accident happened.
- Photographs of the accident scene. Preferably, these should show the root cause of the accident before it’s removed or repaired.
- Dashcam or CCTV footage of your accident. Please see our guide here to requesting CCTV footage for a personal injury claim.
- Receipts, wage slips or bank statements to show how you’ve been affected financially.
Please get in touch with our claims advisors if you’d like to discuss any evidence you may have or what our solicitors could do to obtain it.
Usually, you’ll have 3-years from the date of your accident to claim compensation for a torn meniscus. This doesn’t apply in claims involving children as a parent or guardian could become a litigation friend and claim at any time on their behalf before their 18th birthday.
In our experience, claims that are started earlier can be easier because there’s a better chance of securing evidence to support the claim.
To check whether you’ve still got time to claim compensation for a torn meniscus, please speak to one of our advisors today.
If you’ve decided to start the torn meniscus compensation claims process, simply call our advice line on 0800 6524 881 today. An advisor will guide you through the claims process and explain your options.
If your claim is taken on, one of our solicitors will represent you on a No Win No Fee basis. Knowing that you will only pay legal fees if your claim is won should make the process a lot less stressful.
Please use our live chat feature if you have any more questions about how much compensation for a torn meniscus you could potentially claim.