Last updated on May 14th, 2022 at 09:33 am
If your knee is injured it can obviously be painful but also have an impact on your work, family and social life. In some cases, knee injuries can be temporary and you’ll be back to normal within a few weeks or months. However, some might mean you require complex surgery and others can lead to long-term suffering and disabilities. As a result, you may wish to start a knee injury compensation claim if your knee was injured in an accident caused by somebody else.
We could make the knee injury claims process a lot easier for you. If you call one of our specialist advisors, they’ll review the merits of your claim and provide legal advice for free. Should your case appear to have a reasonable chance of success, you could be connected with one of our personal injury lawyers. To make the claims process a lot less stressful, they’ll work for you on a No Win No Fee basis if your claim is accepted. That means you won’t pay for your solicitor’s work unless you are compensated. Also, they will begin working on your case without any upfront payment too.
If you’re ready to claim and would like to start the process today, please call us on 0800 652 1345.
Can I claim compensation for a knee injury?
If you ask a personal injury lawyer to take on your knee injury claim, they’ll usually ask the following three questions:
- Did the defendant in the case owe you a legal duty of care?
- Was the defendant negligent and, if so, did their negligence lead to an accident?
- Did you injure your knee in the accident?
If you’re able to answer yes to all three questions, your case might be accepted by one of our solicitors.
Importantly, there are some accidents that would probably not entitle you to compensation. For example, if a customer spilt a pint of milk in a supermarket and you slipped over it straight away, the supermarket wouldn’t have had the chance to prevent the accident. However, if the spillage was left for some time and no warning signs were put in place, you could be entitled to compensation if you then slipped and injured your knee.
The best way to find out if you have a valid knee injury claim is to call one of our specialists for a free initial consultation.
Common knee injuries you could be compensated for
Essentially, a personal injury claim could be possible for any type of knee injury caused by somebody else. However, some of the more common examples include:
Any of these knee injuries could result in:
- Ongoing debilitating pain.
- Knee stiffness.
- Difficulty straightening or bending the leg.
- A limp.
- Weakness in the knee.
Some knee injuries might require extensive surgery and lead to weeks of hospitalisation. Even after treatment, you might never fully recover from your injuries and you could be left with a disability. As a result, you might find it difficult to make it up a flight of stairs, walk on uneven ground or stand for long periods. This can cause problems both at home and at work.
Again, any type of knee injury caused by somebody else’s negligence could mean you’re eligible to begin a compensation claim. Why not call our team today to see if we could help you to take action?
Types of knee injury compensation claims
In this section, we’ve listed some of the most common types of accidents that lead to knee injury compensation claims. They include:
- Work accidents.
- Motorbike or cycling accidents.
- Accidents in public places.
- Medical negligence.
- Car accidents.
- Manual handling accidents.
- Falls from height.
- Slips, trips and falls.
- Repetitive Strain Injury (RSI).
There are many more scenarios that could result in your knee being injured. As such, if your accident isn’t listed, don’t worry. One simple call to our team should be all you need to find out whether we could help you claim compensation.
How much compensation for an injured knee?
You might think of compensation as a fine that is imposed on the defendant for causing you to suffer. However, there is more to knee injury claims than that. The idea of compensation is to try and get you back to the position you were in prior to the accident (or as near as possible). Any settlement amount should cover any pain and suffering (general damages) and any costs your injuries have caused (special damages).
Each claim will be different from the next but you could be entitled to compensation for:
- Any physical pain and suffering plus loss of amenity.
- Mental harm (distress, anxiety or depression etc.).
- Care costs if you needed a professional carer or if a family member supported you.
- Travel expenses.
- Rehabilitation and medical expenses.
- Costs associated with changes to your home or vehicle to make living with a disability easier (installing handrails for example).
- Lost income and any potential future losses too).
It’s important to ensure everything is included in your claim as you can only request compensation once. That’s where our personal injury solicitors can help with knee injury claims. They can use their experience to go through your claim thoroughly to try and ensure all aspects of your suffering are considered.
Knee injury compensation payouts for General Damages
For successful knee injury compensation claims, there is an array of guidelines that relate to general damages compensation payouts. It will obviously depend upon the type and the severity of the injury as to what level of compensation may be awarded, but the current guidelines are as follows:
- £26,190-£96,210 compensation for serious injuries that may require knee replacement surgery and have a long-term impact on the claimant’s life.
- £14,840-£26,190 for dislocations and cartilage issues, often resulting in long-term weakening of the knee joint.
- £6,020-£13,740 for a similar knee injury at work to those above such as knee dislocations and cartilage damage but which are considered less serious.
- Compensation of between a few hundred £’s and £6,020 for a sprain/ painful bruising of the knee which is expected to recover within a 12 month period.
To check if we could help you to start a claim, call today on 0800 652 1345.
Types of negligence that can result in knee injury claims
OK, let’s now look at what types of negligence might entitle you to compensation for a knee injury. Some examples include:
- If your knee was crushed after items fell from damaged shelving in a DIY store.
- Where you twisted your knee after you tripped on a raised paving slab.
- If your knee was fractured when you were knocked off of your motorbike because a car pulled out at a junction without spotting you.
- Where you sustained bursitis of the knee because of repetitive tasks at work.
- If you sustained a knee injury at work from a reversing forklift truck in a warehouse accident.
- If you fell while shopping and injured your knee because items of stock had been left on the shop floor.
- Where you tripped over a hazard and tore the ligaments in your knee because of inadequate lighting.
- If you fell from height at work because of a damaged safety rail or because you weren’t provided with a safety harness.
If you believe somebody else has caused you to sustain a knee injury, call now and let us review your case for free.
Providing proof for a knee injury compensation claim
It’s important that you can prove how your knee injury was caused even if the defendant admits liability for your accident at the scene. That’s because most cases will usually be passed to an insurance company. If you cannot prove exactly what happened, who was to blame and how you suffered, they won’t pay compensation regardless of what was said at the time. For that reason, to support a knee injury compensation claim, you could use:
- Photographic evidence. It’s a really good idea to get your phone out and take pictures at the accident scene if it’s safe to do so. These should capture the root cause before it’s moved if possible.
- Accident report forms. If your knee injury was caused at work, in a public place or on business premises, an accident report form will usually be completed. Your copy of this form can help to prove when and where the incident occurred.
- Video files. Where an accident is caught on CCTV or dashcam, you should request a copy of the relevant files as soon as possible. These can be particularly useful in proving who was to blame for the accident.
- Medical notes. It’s always a good idea to have any knee injury checked by a medical professional. After treatment at a GP surgery, minor injuries unit or a hospital, you could request a copy of your medical records. These can then be used to show the knee injury you were treated for.
- Witness information. Where possible, you should take note of any witnesses to your accident. Your solicitor could use their contact details to get in touch and ask for a statement of what they saw if necessary.
Once you’ve collected your evidence, please get in touch if you’d like one of our advisors to review it with you.
Medical assessments for personal injuries
It is often a requirement for claimants in personal injury claims to have an independent medical assessment. This will usually be carried out locally by a medical specialist. You shouldn’t worry about this part of your knee injury claim as it is quite straightforward.
The specialist will examine your injuries, read your medical notes and discuss how your knee injury has affected you during your appointment. After the meeting, they’ll produce a report that explains your injuries, treatment and prognosis and send it to all parties involved in the claim.
Time limits apply to knee injury claims
As you may be aware, there is a 3-year time limit for personal injury claims in the UK. In most knee injury claims, this will begin from the date of your accident. However, where your injuries aren’t noticeable straight away (in cases of bursitis for example), your limitation period will start from the date your injuries were diagnosed.
A litigation friend could claim on behalf of a child at any time before their 18th birthday.
It’s a good idea to begin your claim as early as possible for a number of reasons. Firstly, you’ll give your solicitor enough time to carry out all of the tasks they need to complete before filing your claim. Secondly, if liability is accepted by the defendant, your solicitor could ask them to pay for private medical treatment to help speed up your recovery.
If you’ve fully recovered from your knee injury and the defendant admits liability, the claims process can be finalised in around 6 to 9-months. If further evidence needs to be found or negotiations over the extent of your injuries are needed, the claims process can take more than a year.
No Win No Fee knee injury claims
There is no doubt that many people wouldn’t use a personal injury solicitor if they had to pay for their work upfront. For that reason, our team offer a No Win No Fee service for any claim that’s accepted. As a result, your solicitor can start work straight away without being paid.
To formalise the claims process, you’ll be sent a Conditional Fee Agreement (CFA) if your claim is accepted. This contract shows you what work will be completed by your solicitor and when you’ll need to pay them. Importantly, if the claim fails, you won’t pay your solicitor for their work or their expenses.
Should you be paid compensation, a success fee will be deducted to cover the cost of your solicitor’s work. This is a fixed percentage of your award that’s listed in the CFA so it’s clear from the start how much you’ll pay. By law, when using a CFA the maximum success fee you’ll pay is 25%.
To see if you could use one of our No Win No Fee solicitors, please call our advice centre today.
Start a compensation claim for a knee injury today
Hopefully, we’ve shown how our solicitors can help with knee injury claims. If you’d like us to check whether you’ve got a valid claim, call today on 0800 652 1345.
Your initial consultation is free and you’re under no obligation to continue so there’s nothing to lose by calling. If your case is suitable, though, we could appoint a personal injury solicitor from our team to represent you. If that happens, they’ll do all they can to try and ensure you are paid the maximum amount of compensation possible for your suffering.
Thank you for visiting today and reading about knee injury compensation claims, and if you’d like any further information, please use live chat to connect with a specialist.