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Knee Injury Compensation: Making a Claim
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The knee is an essential part of our body as it is required for mobility. Injuring your knee components will cause severe pain and is likely to restrict mobility. If you have been involved in an accident that wasn’t your fault, and suffered a knee injury as a result, you may be able to make an accident claim for knee injury compensation.
Common causes of knee injuries
Knee injuries happen daily, with a wide range of causes. If your knee injury arose as the result of negligence or a breach in a party’s duty of care, you may be eligible to make a no win, no fee basis claim.
Some of the most common causes of knee injuries include:
- Slips, trips and falls-These types of accidents either happen because of uneven floors, slippery surfaces or obstacles that are hard to notice. Slips, trips and falls can happen almost anywhere, including on the pavement, at work, whilst out shopping, or whilst playing sports.
- Falls from height- Falling from a height can have a tremendous strain on our body, especially in knee joints. We instantly aim to land on our feet when falling, but failure to land correctly can cause severe damage, especially to the knees. Depending on the height you fall from, your knee injury can vary from minor knee injuries such as fractures to the knee cap to severe damage such as ligament damage to your knees.
- Road traffic accidents- If you were involved in a road traffic accident, the impact may cause you to injure some joints in your body, such as the knees.
- Improper manual handling- Lifting objects incorrectly may cause strain on your knees and may result in you developing knee injuries in the long term.
- Building site accidents- Knee injuries caused by accidents on building sites are very common due to the dangerous activity that happens on construction sites. Lack of safety and precaution on building sites can lead to employees risking injuries. Common accidents on building sites include trips and falls over rubble or left out tools or scaffolding, heavy objects falling on feet. This will increase knee injuries, as impacts of falls and heavy objects landing on you can strain the knees muscles or break its bones.
- Improper use of dangerous machinery- Most types of machines are dangerous to use without proper training. Machines that vibrate can often cause problems to the joints, so this may have an impact on your knee joints if these machines are misused.
Types of knee injuries
Knee injuries can vary from minor to severe. Most knee injuries can cause you to be out of action and off work for a while depending on how severe the injury is. Below is a list of the most common types of knee injury.
- Collateral Ligament Injuries
- Anterior Cruciate Ligament (ACL) Injuries
- Post-Cruciate Ligament Injuries
- Fractures
- Dislocations
- Tendon Tears
- Meniscal Tears
- Cartilage Tears
- Ligament Damage
- Heightened symptoms from pre-existing conditions.
- Sprains
- Soft tissue injuries
- Severe lacerations to the knee
Each type of knee injury varies in severity, and all have different recovery times. Each type listed above will entitle you to some degree of compensation, but only if there is evidence showing your knee injury was caused due to negligence. Some of the more severe knee injuries will cause a lot of pain and suffering and may require surgery. This may result in months of rehabilitation and physical therapy in addition to time off work.
Knee injury compensation amounts
It is difficult to predict how much your knee injury claim is worth without having all of the details regarding the extent of your injuries and the circumstances surrounding the accident.
We typically base our estimates off the Judicial College Guidelines and our past case experience with similar injuries. If you have suffered a personal injury, you can claim two types of compensation, these are known as general damages and special damages.
The amount of compensation awarded will aim to put the claimant in the position they were in before the accident that resulted in their injuries took place. The amount of compensation awarded as general damages will cover any pain and suffering caused by the injury, as well as the severity.
General damages that could be awarded will also depend on the impact that the injuries have had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.
Special damages will also be awarded to compensate for any further financial losses that you suffered as a result of your knee injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical expenses, travel costs to medical appointments, and the cost of ongoing care if this is needed.
Below are estimates of how much your knee injury claim could be worth based on Judicial College Guidelines and recent case law:
- Minor Knee Injuries: Up to £13,740.
- Moderate Knee Injuries: £14,840 to £26,190.
- Severe Knee Injuries: £26,190 to £96,210.
These figures are indicative and can vary depending on specific case details.
Knee injury compensation case study
John, a 35-year-old construction worker, suffered a severe knee injury when a scaffold collapsed due to improper assembly by a co-worker. He sustained a complex fracture to his right kneecap, leading to significant medical intervention and prolonged recovery.
Injury Details:
- Medical Treatment: Underwent two surgeries, including the insertion of metal pins and subsequent physiotherapy.
- Recovery Period: Required 12 months off work for rehabilitation.
- Long-Term Impact: Experiences chronic pain and reduced mobility, limiting his ability to perform physically demanding tasks.
Compensation Breakdown:
General Damages:
- Pain and Suffering: Considering the severity and long-term effects, compensation aligns with the upper range for severe knee injuries: £90,000.
Special Damages:
- Loss of Earnings: 12 months off work at a salary of £30,000 per annum: £30,000.
- Medical Expenses: Surgeries, rehabilitation, and ongoing physiotherapy: £15,000.
- Future Loss of Earnings: Due to inability to return to previous role, estimated at £10,000 per annum over 10 years: £100,000.
- Additional Costs: Travel to medical appointments and home modifications: £5,000.
Total Compensation: £240,000
Legal and financial support to assist in recovery
For individuals whose injury resulted from accidents caused by someone else’s negligence, making a compensation claim can provide essential resources for recovery. Compensation can cover:
- Private medical care and specialist treatments.
- Long-term rehabilitation and therapy costs.
- Adaptations to the home or workplace to accommodate new needs.
- Compensation for loss of income or diminished earning capacity.
Making a personal injury claim ensures that the injured person receives the support they need to focus on recovery rather than financial stress.
Often, the compensation claim process includes access to private care. This helps to enable quicker and more comprehensive treatment than the NHS may offer.
Time limits for making a knee injury compensation claim?
In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. Typically, you must make a claim within 3 years of the date the knee injury occurred or from the date you became aware of the injury and its impact.
For injuries caused by a crime, such as an assault, you may claim through the Criminal Injuries Compensation Authority (CICA). The time limit for CICA claims is generally 2 years from the date of the crime or from when you became aware of the injury’s impact.
However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:
- Minors: If the injury claim involves a person who was under the age of 18 at the time when the knee injury occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
- Mental Capacity: If the injured person lacks the mental capacity to manage legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity. For individuals with injuries who may lack mental capacity, the Mental Capacity Act 2005 provides a framework for assessing whether they can understand, retain, use, and communicate information relevant to a decision.
What to do if you suffer an knee injury in an accident
If you have been involved in accident that caused you to suffer a knee injury, you should gather as much evidence as you can. For example, you should collect evidence such as:
- Obtain witness contact details- Witness statements will help your case. We may need to contact any witnesses to your accident to obtain a witness statement.
- Get as much information as possible at the scene of the accident- If your knee injury was caused due to a road traffic accident, you should ask the person at fault for details of their insurance company. You should also note down what vehicle caused the accident and the vehicles registration number.
- Take photos- You should take photos of the scene and area where the accident happened. You should also take photos of your injuries. This will help strengthen your case.
- Keep proof of expenses- You will be able to claim for any extra expenses you have encountered due to the injury. Examples of expenses include loss of income, travel costs etc. Evidence to keep track of your expenses are receipts and any documents.
The more evidence and detail you are able to provide to a personal injury solicitor, the more likely it will be that your knee injury compensation claim will be successful.
How much does it cost to make a knee injury compensation claim?
We provide our services on a ‘no win, no fee‘ basis. This means that you are unlikely to be required to pay any fees if your case is unsuccessful.
We always offer the ‘No Win No Fee’ Agreement in conjunction with an After The Event Insurance (ATE) insurance policy so that you will not incur any personal liability for your opponent’s costs if the claim were to fail.
In simple terms, if you lose, you will not be required to pay for the insurance. However, if your claim is successful, you will be responsible for paying our success fee and the insurance premium, which would be deducted from your final compensation award.
Why choose Beacon Law?
Beacon Law provides a team of highly qualified Solicitors and legal professionals with many years of experience in all personal injury matters. We can assist in all types of personal injury cases, including accidents at work and medical negligence claims for all types of injury.
We offer a high level of service and will guide you throughout the claim process. We work hard to ensure you receive the highest level of knee injury compensation for your injuries. We are specialist no win, no fee Personal Injury claims solicitors with expertise in all types of claims, including road traffic accidents, slips, trips, falls, and criminal injuries.
Beacon Law is regulated by the Solicitors Regulation Authority. To find out about more about how we can help you get a successful compensation settlement and how we can help you with your legal fees and your compensation calculator, have a look at the funding section on our website.
To find out more about making a knee injury compensation claim, take a look at our FAQ’s.
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