Last updated on April 13th, 2022
Cartilage is something that is found across the body to reduce your joints from wear and tear. It is a shock-absorbing and flexible tissue that is found around the knees, elbows, hips and other joints. Cartilage can be torn or damaged during an accident involving sudden trauma and this damage can be extremely painful and uncomfortable. In some cases, you might be eligible for compensation if your cartilage is torn in an accident caused by somebody else.
This guide will explain when torn cartilage injury claims might be possible, the steps you need to take to make a claim, and how much you might be compensated.
If you believe you’re eligible to claim compensation for a torn cartilage, call our team for a free consultation where we’ll review the viability of your claim and explain your options. There’s no obligation to continue but if your case is suitable, we could connect you with one of our personal injury solicitors from our team. They’ll act on your behalf on a No Win No Fee basis if your claim is taken on. As a result, you’ll be able to relax during the claims process knowing you’ll only pay for your solicitor’s work if you are compensated.
To discuss your chances of claiming compensation for a torn cartilage injury, please call us on 0800 6524 881 today. To learn more about your options before doing so, please read on.
Table of contents
- Am I Eligible To Make A Torn Cartilage Injury Claim?
- Common Accidents Causing Torn Cartilage Injuries
- Negligence Leading To Compensation For A Torn Cartilage
- How Much Compensation Will I Get For A Torn Cartilage?
- Evidence To Support A Torn Cartilage Injury Claim
- Time Limits For Torn Cartilage Injury Claims
- No Win No Fee Torn Cartilage Injury Claims
Our solicitors will only take on a torn cartilage injury claim if there is a reasonable chance of success as they operate on a No Win No Fee basis. This is to prevent them from wasting your time or offering false hope that you’ll be compensated. Therefore, during their initial checks, they’ll investigate whether:
- You were owed a legal duty of care by the defendant; and
- A negligent act by the defendant caused an accident; and
- Your torn cartilage injury was caused as a direct result of that accident.
You may not know if you were owed a duty of care by the defendant or not but don’t worry as your solicitor will verify this. One common example of when it will exist is if you suffer a torn cartilage in a knee injury in a workplace accident as your employer has a duty of care to try and keep you safe at work. Another is if you suffer a torn cartilage knee injury in a car accident as all drivers owe each other a duty of care to try and prevent accidents by driving safely.
You will be more involved in proving how the accident occurred and how your cartilage injury has affected you. To do this you’ll need to supply evidence and we’ll explain what you could use to help a little later on.
Torn cartilage injuries can be sustained in a variety of ways. The cartilage is designed to distribute weight evenly across a joint and to absorb any shock. It makes it much easier for joints to function properly. Excessive twisting and stretching or sudden trauma can lead to torn cartilage injuries. It’s also possible to sustain cartilage damage when carrying out repetitive tasks at work, for instance.
While it may be possible to claim compensation for torn cartilage in any type of accident caused by somebody else, some of the most common claims our personal injury solicitors deal with are those caused by:
The NHS explains that the most common signs of cartilage damage include:
- Joint pain while resting which gets worse when weight is put on the joint.
- The joint giving way, locking or catching.
- A clicking sensation when the joint is used.
If you believe you have suffered a torn cartilage injury, it may be worth seeking medical advice to rule out similar but less minor injuries such as sprains and strains.
You could be entitled to start a personal injury claim if you suffered a torn cartilage because:
- You tripped and injured yourself on a cable laid across a shop floor that wasn’t taped down.
- Poor facilities or coaching advice led to a sporting injury.
- You were knocked from your bike while cycling or motorbike because of a driver that wasn’t paying attention.
- Your employer failed to train you in manual handling techniques.
- You slipped on a wet floor (after cleaning, a leak or spillage etc) without warning signs.
These are just a few of the reasons you might be eligible to claim compensation for a torn cartilage. If you don’t see a scenario that matches your own, please get in touch on 0800 6524 881 and a specialist advisor will review your options with you for free.
While we can’t say exactly how much compensation for a torn cartilage you might be awarded until we’ve reviewed your claim, the purpose of compensation is to cover any pain and suffering you’ve endured (general damages) and any subsequent costs (special damages). No two injury claims are exactly the same but, generally, you may be able to claim compensation for:
- Any physical or psychological suffering your injuries have caused.
- Costs associated with the time somebody else spent caring for you.
- Any impact on your social activities, hobbies or family life (loss of amenity).
- Travel expenses incurred because of your injuries.
- Medical expenses and rehabilitation costs.
- Any earnings you’ve lost or will lose in the future.
- The cost of modifying your home to help you cope with any ongoing disabilities.
- The cost of replacing (or repairing) items damaged during your accident.
Our solicitors realise how important it is to include all aspects of your suffering in your claim. Therefore, they will always work hard to try and secure the maximum compensation possible in any torn cartilage claim they take on.
To help establish the extent of your torn cartilage injury, you’ll likely need to have a medical assessment as part of your claim. This will be completed by an independent specialist who’ll prepare a report to explain your prognosis after examining your injuries.
To help support your torn cartilage injury claim, you should provide as much evidence as you can. This could include:
- Photographs of the accident scene. Try to include the root cause before it’s replaced, repaired or removed.
- Information about any witnesses who saw your accident occur. Your solicitor may ask them for a statement if necessary.
- Accident report forms to help establish the date, time and location of the accident that caused your torn cartilage
- Medical reports from your GP or the hospital that treated you that list your injuries and the treatment you needed.
- CCTV or dashcam recordings if they show how your accident happened. Try to get hold of the footage as soon as possible as it may be deleted quite quickly.
Also, you could write down a statement about the incident in which your cartilage was torn. Try to include details of the accident and also how you’ve been affected. For example, note the dates you couldn’t work or any activities you missed because you were injured.
As you may be aware already, a 3-year time limit exists for personal injury claims. This will either start from the date of an accident or from when your torn cartilage was diagnosed if this is later.
Although 3-years is a long time, it’s often better to begin your claim as early as you can. This should mean that it is easier to secure supporting evidence and for your solicitor to arrange medical reports before the claim is filed.
Our team of solicitors offer a No Win No Fee service for any torn cartilage injury claim that they agree to work on. That means you only have to pay them for their work if you are awarded compensation for your torn cartilage injury.
If you both agree to work together, you’ll sign a No Win No Fee contract to formalise the agreement. It will explain what percentage of your compensation will be deducted to cover your solicitor’s work if the claim is settled in your favour.
The best way to check if you’re eligible to claim on a No Win No Fee basis is to call our advisors on 0800 6524 881. They’ll review your options with you and provide free legal advice regardless of what you decide to do next.
You can also connect with our team via live chat 24-hours a day if you have any extra questions on torn cartilage injury claims.