If you’ve suffered a knee injury, it can have a big impact on your daily activities. It could mean you’re unable to work, drive your children to school, or participate in sports. If you have suffered a knee injury as a result of a workplace accident, a road traffic accident, or any other type of accident caused by somebody else, you could start a knee injury compensation claim.
In this guide to knee injury claims, we’ll explain when you might be compensated for a torn knee ligament, bursitis, ligament damage, a fractured kneecap, and other knee injuries.
As we progress, we will explain what type of accidents commonly lead to knee injury claims. Also, we’ll look at how you prove that your knee injury was caused by somebody else’s negligence. If you’d like to know how much compensation for a knee injury you might be paid, we’ve included payout amounts too.
Are You Eligible To Make A Make Knee Injury Claim?
If you suffer a knee injury in an accident that wasn’t your fault, you are well within your rights to seek compensation. This should cover any pain and suffering you’ve endured as well as any loss of amenity. Furthermore, it should ensure you don’t lose our financially too. When a personal injury solicitor assesses your knee injury claim, they will want to see that:
- The person/party responsible for the injury (the defendant) owed you a duty of care; and
- Due to their negligence, that duty was breached and an accident occurred; and
- As a result, you sustained a knee injury.
If all of these things are true, you would be eligible to make a knee injury claim for compensation. Before we look at the types of accidents that could lead to a claim, let’s look at the evidence you could collect to support your case. It includes:
- Medical records. These can form an important part of any knee injury compensation claim. Therefore, if you do injure your knee, you should visit A&E or a minor injury unit for assessment and treatment.
- Witness statements. If anybody else was present at the time of your accident, ask them for their contact details. Your solicitor may contact them later on to take a statement of what they witnessed.
- Proving what happened can be a lot easier if you capture the aftermath of your accident in a photograph. Ideally, this should be done as soon as possible and before the cause of the knee injury is removed.
- CCTV or dash cam footage. If your accident is captured on camera, it can make proving liability a lot easier. Therefore, where possible, ask for a copy of any footage.
- Accident reports. Where your accident happened in a public place or you suffered a knee injury at work, report it. Companies must log incidents in an accident report book. By law, you can request a copy that could help to prove locations, dates and times.
It is also a good idea to keep a record of any expenses your injuries lead to as they could be added to the value of your claim.
If you are wondering if you’re eligible to make a knee injury claim, our team can help. A specialist advisor will review your case in a no-obligation telephone consultation and give advice on your options. Where there appear to be grounds to proceed, they could pass your claim to one of our personal injury solicitors. Importantly, you won’t need to pay solicitor’s fees unless you’re compensated because ours work on a No Win No Fee basis.
How Much Compensation For A Knee Injury?
The severity of your knee injury and the prognosis for your recovery are two of the main factors that will influence the amount of compensation for a knee injury that you are awarded as settlement. You may receive a few hundred pounds in compensation for what may be described as a simple, temporary knee injury, whereas a more serious, permanent injury may warrant compensation that could total several thousand pounds.
It is important to note that every knee injury compensation is unique. Therefore, it’s essentially not possible to determine how much your knee injury might be worth until it has been reviewed by a personal injury solicitor. However, we can explain what elements might be included. They are:
- General damages compensation. The pain, suffering and loss of amenity you’ve suffered because of your knee injury.
- Special damages compensation. Any costs, expenses, or monetary losses caused directly by your knee injuries. This could include any lost earnings, medical costs, travel expenses, care costs, or modifications to your home if you are left disabled. Also, you could claim for any personal property damaged in the accident.
For general damages claims, you may be required to have attend a medical assessment to help demonstrate the extent of your knee injury. If one of our personal injury solicitors takes on your knee injury claim, they’ll book your meeting locally so you won’t need to travel too far.
Average Knee Injury Compensation Amounts
We are now going to look at knee injury payout amounts. We can do this by referring to figures provided by the Judicial College. These are figures that solicitors and insurers both use when determining settlement figures. As mentioned earlier, the awards are based on the severity of your knee injury/injuries. As a result, a life-changing knee injury affecting your ability to function normally would be paid more than one that you completely recovered from within a year.
- £5,680 compensation payout at the maximum for minor knee injuries such as twists, sprains and bruising with relatively quick recovery times.
- £5,680 to £12,900 compensation for knee injuries that result in permanent ongoing minor symptoms.
- £13,920 to £24,580 compensation for major knee injuries such as a dislocated knee or a torn meniscus.
- £24,580 to £90,290 compensation for severe knee injuries such a torn cartilage, fractured patella, severe tears to the cruciate or other injuries that result in permanent limitations to movement of your knee or require knee replacement surgery.
These are all approximate average compensatory knee injury payout amounts based on previous settlements. You have to remember that every settlement amount is calculated differently depending on the merits of each case.
Common Causes Of Knee Injury Claims
There are many different ways in which you could injure your knee and might mean you’re eligible to claim compensation. Some of the more common include:
- Road traffic accidents. Where a pedestrian, driver or passenger’s knee is injured.
- Accidents at work. An example might include where an employee’s knee is trapped under falling objects.
- Sporting injuries. These might be caused by unsuitable playing surfaces, or reckless tackles.
- Slips, trips and falls. Caused by wet floors or raised paving slabs for example.
- Cycling accidents. If you fall from your bike because of a large pothole, for instance.
Some of the most common knee injuries that might lead to a claim include:
- Fractures, breaks or dislocations.
- Soft tissue knee injuries.
- Knee ligament tears.
- Cartilage and meniscus damage.
- Housemaids knee (bursitis).
- Patella (kneecap) damage.
If you’d like to check if you have a valid knee injury claim, please get in touch with our team today.
Time Limits For Claiming Knee Injury Compensation
It’s important to make a note of the knee injury claims time limit. In most cases where your knee injury is immediately obvious, you’ll have 3-years to claim from the date of your accident.
In cases where a child is injured, a parent or responsible adult, could claim on their behalf as a litigation friend. The 3-year time limit won’t apply so long as the claim is filed before the child becomes 18-years old. However, the time limit will apply from their 18th birthday if a claim hasn’t been made.
If you’d like to check how long you have left to begin a knee injury claim, please call our team today.
How Does The Knee Injury Claims Process Work Using A Solicitor?
During any knee injury claim, it is important to prove exactly what happened and who was to blame. That’s because when you send your claim to the defendant, they’ll typically send it straight to their insurance company. Insurers will always try to act in their best interests to try and keep their company as profitable as possible. Therefore, if you don’t have the evidence or ability to prove to them how their client caused your knee injury, you may not be compensated fairly.
For that reason, we believe the best chance of winning knee injury compensation is to have a legal representative on your side. If your claim is taken on, we’ll appoint a personal injury solicitor from our team. So that they fully understand how your knee injury has affected you, they’ll spend some time reviewing your case with you. They’ll then begin collecting and collating evidence to support you.
So that you don’t need to deal with any legal or medical questions from the insurer, your solicitor will deal with all communication. They’ll try to provide further evidence, where needed, to counter any objections that are raised. Ultimately, they’ll do all they can to try and make sure that you are paid the maximum level of compensation possible.
If you would like to find out how we could help you make a knee injury claim, why not get in touch today? Our team can be contacted on 0800 6524 881. Your case will be reviewed for free and your options explained. Remember, if you do go on to make a knee injury compensation claim with us, your solicitor will represent you on a No Win No Fee basis.
Updated 13th October 2021.