Fracturing your kneecap (or patella) can have a significant impact on your ability to function normally. Kneecap fractures can prevent you from driving, working, playing sports and enjoying activities that you’d normally find easy. If your kneecap was fractured in an accident that was someone else’s fault, we may be able to help you claim compensation. This guide about fractured kneecap compensation claims will explain your options in detail and look at the types of accidents that you could claim for.
To help you get started, we offer a no-obligation consultation on the phone so you can discuss your claim with a specialist. They’ll explain your chances of being compensated and offer free legal advice. One of our personal injury lawyers may agree to represent you if you do decide to claim and they believe you’ve got a fair chance of success. All fractured kneecap claims are handled on a No Win, No Fee basis.
Please call 0800 652 1345 to discuss your claim with a specialist or read on to find out more about fractured kneecap compensation claims.
What is the kneecap?
Your kneecap (patella) is a small, flat, triangular bone located in the front of the knee joint. It is embedded within the tendon of the quadriceps muscle group, which is responsible for straightening the leg. The kneecap acts as a protective structure for the knee joint and provides a mechanical advantage to the quadriceps muscles. It also helps stabilise the knee joint and protects underlying structures from direct trauma.
Symptoms of a fractured kneecap
Some of the most common symptoms that arise from a broken kneecap include:
- Bruising around the knee.
- Pain in the knee or around the kneecap.
- Difficulty bending or straightening the leg.
- Severe swelling (even with minor kneecap fractures).
- Inability to walk, bear weight or stand up.
Can I claim compensation for a fractured kneecap?
If you ask a personal injury solicitor to help you to claim compensation for a fractured kneecap, they’ll first review with you how your patella was fractured and why before agreeing to help. During this assessment, they’ll be looking to see whether:
- You were owed a legal duty of care by the defendant; and
- An act of negligence caused an accident; and
- Your kneecap was fractured in that accident.
A legal duty of care isn’t too difficult to prove as there’s lots of legislation in place that can help. For example, the Road Traffic Act 1988 could apply if you broke your kneecap in a car crash or the Health and Safety at Work Act 1988 could be used if you broke your kneecap at work. We’ll check this aspect of the claim for you if you call for a free consultation so you won’t need to worry too much about which law applies for now.
Types of kneecap fractures you could claim compensation for
It’s possible to seek compensation for any type of fractured kneecap that resulted from an accident or incident caused by the negligence of someone else. Some of the most common kneecap fractures include:
- Displaced fractures where the pieces of the patella bone have moved out of position.
- Non-displaced fractures where the bone has cracked or broken but the fragments have remained in place.
- Closed kneecap fractures where the patella bone fragments remain inside the skin.
- Open fractures where bone fragments pierce the skin and are visible.
- Comminuted fractures where the patella shatters into multiple fragments.
- Stress fractures where hairline cracks in the patella develop gradually over time due to repetitive stress or overuse.
Whatever type of fractured kneecap you’ve been diagnosed with, we could help you to claim compensation for the suffering you’ve endured.
Common accidents that cause fractured kneecaps
Fractured kneecaps can occur due to various accidents or incidents that exert significant force on the knee. Some common accidents or causes of patella fractures include:
Accidents at work
Employers need to take reasonable steps to try and protect workers from being injured at work. That means you could claim compensation if you broke your knee at work if the accident was caused by:
Public place accidents
If you break your kneecap in a public place, you might have grounds to make a personal injury claim if a business or organisation was to blame. For example, you could claim for:
Road traffic accidents
Road Traffic Accidents (RTAs) can quite often lead to fractured kneecaps. While there is the potential for vehicle drivers and passengers to be affected, broken kneecaps are more common for vulnerable road users like cyclists, motorcyclists and pedestrians.
You could claim for a broken kneecap sustained in an RTA if the other party was driving dangerously, failed to spot you crossing, affected by road rage, using their phone whilst driving or drink driving. Please let us know if you’d like us to review your case for free.
As you might expect, if you broke your kneecap in the normal course of events while playing a sport, you probably wouldn’t have grounds to claim compensation. However, if your fractured patella was caused by damaged equipment during training, poor coaching or an unsuitable playing surface, we could help you to seek sports injury compensation for your suffering. Please speak to a member of our team for more details.
How much compensation for a fractured kneecap?
As you’ll know, a fractured kneecap can cause significant problems in many aspects of your life. As well as the physical injury, you could also suffer psychological or financial problems. As such, this should be addressed by any compensation settlement you receive.
If you win your claim, your solicitor may try to secure damages to cover:
- The physical discomfort, pain and suffering caused by your fractured kneecap.
- Distress, anxiety, depression and other forms of psychiatric injury.
- Any negative impact your kneecap fracture has on your normal hobbies.
- Medical costs including remedial surgery or physiotherapy.
- Additional travel costs caused by your injuries.
- The cost of a carer or the time someone else spent supporting you.
- Modifications to your house to make it easier to cope with a knee-related disability.
- Loss of income plus any longer-term reduction in earnings.
- The cost of replacing items damaged during the accident (clothing for example).
If your claim proceeds, your solicitor will try to secure a fair settlement by reviewing all of your suffering in detail.
Providing proof for fractured kneecap compensation claims
Usually, personal injury claims are made against an insurance policy held by the defendant. If you’ve ever dealt with an insurance claim, you’ll likely know how difficult it can be to get a payout. That’s why your solicitor will use as much proof as needed to try and show the severity of your fractured kneecap, why the defendant was to blame and how the accident happened.
This proof could include:
- Photographs. Pictures of any swelling, bruising or exposed bone could be used to help prove the extent of your broken kneecap. Additionally, photos from the accident scene could help to explain the cause of the accident.
- Medical records. Your solicitor will contact the hospital that treated you and ask for medical records relating to your initial diagnosis, the operation to treat your fracture and any rehabilitation.
- Witness statements. In many cases, a statement from someone else who saw the accident can make it easier to prove what happened if there is any argument over liability.
- Accident report forms. Legally, most organisations need to keep an accident report book to record incidents on their premises. A copy of the report relating to your accident will make it easier to prove when and where the accident occurred.
- Video recordings. Data from dashcams, CCTV systems and body-worn cameras could all be requested to prove how your kneecap was fractured.
If you’ve managed to obtain any of the proof listed already, please tell your advisor when you call as it can improve the chances of your claim being accepted.
No Win, No Fee claims
There’s no doubt that claiming compensation for a fractured kneecap can be stressful, tiring and difficult. However, we believe that you’ll find the process much easier if you take on specialist legal representation.
Our panel of solicitors offer a No Win, No Fee service for all accepted fractured kneecap compensation claims. That means that:
- There aren’t any legal fees to pay upfront.
- You won’t be asked to pay legal fees should the claim fail.
- You’ll only pay for your solicitor’s work if you are awarded compensation.
If your claim is won, a set percentage of the compensation payout you receive will be deducted as a success fee. The exact percentage you’ll pay will be listed in your contract or Conditional Fee Agreement (CFA).
After you have signed the contract, your solicitor will be able to get to work. They’ll begin by writing to the defendant and letting them know about the claim. Then they’ll work hard to find the proof and medical reports needed to prove how you have suffered.
Throughout the claims process, you’ll be kept up to date and your solicitor will handle all negotiations on your behalf. If a settlement offer is made, it will be reviewed by you and your solicitor to consider whether it’s fair.
In all cases, your solicitor will aim to ensure that you are paid the maximum settlement possible.
Fractured kneecap claim time limits
In the UK, there is a 3-year limitation period for all personal injury claims. Generally, that means that you must start your claim within 3 years of the date of your accident, or when your kneecap fracture was diagnosed to avoid missing out on any compensation you might be entitled to.
While our solicitors can help if your accident happened a couple of years ago, it’s best not to wait too long. That’s because some time will need to be spent collecting proof and medical records to help prove your case. Also, starting your claim early may mean you’ll receive interim payments to cover the cost of remedial surgery to help improve your recovery time.
If your child has broken their kneecap in an accident that was not their fault, the 3-year time limit starts from their 18th birthday. Before then, a parent acting as a litigation friend can claim fractured kneecap compensation on the child’s behalf at any point.
Start a fractured kneecap compensation claim today
We’re ready to answer any questions you might have about fractured kneecap compensation claims so call us on 0800 652 1345 today. We offer a no-obligation consultation where we’ll assess the merits of your claim and you’ll receive free legal advice about making your claim.
If we believe that you should be compensated for your fractured patella and a personal injury solicitor from our panel agrees to handle your claim, you’ll benefit from expert representation on a No Win, No Fee basis.
As well as phoning, you can find out more about fractured kneecap compensation claims by connecting to our live chat service or arrange your free consultation here.