Suffering from osteoarthritis can cause chronic pain, stiffness, mobility issues and permanent joint pain. These symptoms can oftentimes make daily activities difficult, in some cases leading to disturbed sleep and mental health issues. This condition can be physically and emotionally challenging to live with, let alone if it has been caused by a third party’s negligent actions. How much compensation for osteoarthritis you are awarded will depend on its severity and what financial losses you’ve suffered as a result.
Here at How Much Compensation, we completely understand that seeking personal injury compensation can’t undo the physical and emotional distress caused by your condition, but it can help to fund the costs of medical expenses, and financially relieve any lost income you have incurred because of your condition. At a time when you should be focused on your recovery, with our help, you won’t have to face these financial worries alone.
We work with a panel of special solicitors who can help you seek the compensation you deserve. They will place you at the centre of all that they do; whether this be helping you to develop a recovery plan that suits your needs, or advising you on how much compensation you could receive, they will work tirelessly with you in mind.
If you are giving any thought to making an osteoarthritis claim, please get in contact with our advisory team today. They can advise you on the validity of your claim, and help you take the next steps to start your claim:
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free advice we can connect you to a specialist solicitor.
Frequently Asked Questions
- How Much Compensation For Osteoarthritis Can I Claim?
- How Is Osteoarthritis Compensation Valued?
- Can Osteoarthritis Claims Payout For Special Damages?
- Can I Make A Claim For Osteoarthritis?
- What Are Some Common Accidents That Cause Osteoarthritis?
- How Can I Claim Osteoarthritis Compensation?
- What How Much Compensation Can Do For Me
- Learn More
How Much Compensation For Osteoarthritis Can I Claim?
How much compensation for osteoarthritis you can claim will depend on the severity of your injuries, and how long your projected recovery time will take. In addition to this, in successful osteoarthritis claims, compensation can be made up of two different heads of loss with different purposes.
These are called general and special damages; with the first head of loss concerned with the physical and mental injuries caused by your accident. These general damages can consider the extent of pain and suffering, and any impact on your daily life or ability to carry out tasks.
Conversely, special damages are a head of compensation focused solely on the financial losses incurred following your accident. We discuss this in much further detail later in our guide.
With this said, it can be useful to determine how compensation is valued, in order to provide a better idea of how much compensation you might receive. Generally, professionals responsible for valuing compensation can consider frameworks such as the Judicial College Guidelines (JCG) to help calculate a payout. This document offers categories of injuries, severity levels and compensation brackets.
Below, we have taken some figures from the JCG to provide estimates of how much compensation for osteoarthritis that you could seek. Please note that the top entry has not been taken from the JCG, and that these are only guidelines and no guarantee of compensation.
| Injury | Severity + Notes | Compensation Guideline |
|---|---|---|
| Various Severe Injuries + Special Damages | A number of severe injuries as well as special damages such as rehabilitative costs, home adaptations or lost income | Up to £500,000+ |
| Leg Amputation | Above-Knee Amputation of One Leg - the severity of any phantom pains, and the risk of developing osteoarthritis in other joints will be considered when valuing the award | £127,930 to £167,760 |
| Below-Knee Amputation of One Leg - the chance of developing osteoarthritis in the remaining joints will be a factor when determining the award | £119,570 to £162,290 | |
| Pelvis and Hips | Severe (i) - multiple fractures of the pelvis causing the dislocation of a lower back joint | £95,680 - £159,770 |
| Knee | Severe (i) - disruption of the joint, causing the development of osteoarthritis | £85,100 - £117,410 |
| Severe (ii) - a leg fracture causing permanent pain, limiting movement or causing the injured person to be prone to osteoarthritis | £63,610 - £85,100 | |
| Ankle | Severe - significant residual disability with the presence or risk of osteoarthritis and regular sleep disturbance | £38,210 - £61,090 |
| Back | Moderate (i) - a compression or crush fracture of the lumbar vertebrae causing a substantial risk of osteoarthritis and constant pain | £33,880 - £47,320 |
| Foot | Moderate - displaced metatarsal fractures causing a risk of long-term osteoarthritis | £16,770 - £30,500 |
How Is Osteoarthritis Compensation Valued?
Osteoarthritis compensation can be valued through professionals appreciating frameworks such as the Judicial College Guidelines as we mentioned above, which is a document outlining different brackets of compensation for certain injury types and severities. This framework can help provide an estimate of how much compensation for osteoarthritis that you could seek.
Additionally, professionals can consider:
- the physical and psychological injuries
- the impact on your daily life
- any mental distress that has been caused by the accident.
However, with this said, all payouts are based on individual circumstances and valued on a case-by-case basis.
For a better idea about how compensation is valued, or to get a clearer estimate of how much compensation for osteoarthritis that you could receive, get in touch today.
Can Osteoarthritis Claims Payout For Special Damages?
Yes, osteoarthritis compensation claims can consider special damages, which are the financial losses caused by your injury. Below, we go into more depth about what can be claimed for:
Loss of Earnings
Suffering with osteoarthritis might’ve left you unable to work, often also affecting your future employment prospects. Because of this, you might’ve experienced lost current income, or future earnings. These lost earnings can be quantified and form part of special damages, in some cases even including pension contributions and missed work benefits like bonuses.
Rehabilitative or Recovery Costs
As osteoarthritis greatly impacts mobility, you might need ongoing physical therapy, or physiotherapy to help improve your mobility. These expenses can be valued and claimed back within special damages.
Medical Expenses
Joint replacement surgery can often be a costly expense, which you might require after developing osteoarthritis. Additionally, any ongoing medical expenses such as prescriptions, assistive devices, diagnostic tests unavailable on the NHS or surgical procedures can also be calculated within special damages.
Home or Vehicle Adaptations
Any associated costs for home or vehicle adaptations such as the installation of handrails, non-slip mats or stairlifts can also be reimbursed within special damages.
Travel Costs
The costs of taxis or mobility-friendly transport can also be claimed back within special damages.
To discuss what other losses can be valued within special damages, please get in touch with our advisors today.
Can I Make A Claim For Osteoarthritis?
You could claim for osteoarthritis if it can be proven that your condition developed as a result of someone else’s negligent actions. Essentially, to be eligible to claim, it must be shown that:
- You were owed a duty of care (a legal obligation whereby someone else must uphold your health and safety)
- The person who owed you this duty of care breached it
- Their breach resulted in the development of osteoarthritis
These three elements amount to negligence, which forms the basis of all compensation claims. Additionally, different legislation will apply depending on the scenario in which your osteoarthritis was caused; we discuss this in further detail in our section below.
However, if you would like a better estimate of how much compensation for osteoarthritis that you could receive, please get in touch with our advisors today. They can explore this with you and answer any questions that you might have at this stage.
What Are Some Common Accidents That Cause Osteoarthritis?
Osteoarthritis can be caused by various accidents, such as a high-speed motor vehicle crash or a fall leading to a fracture. Whether this be on the roads, in public or as a result of a workplace accident, you could be eligible to seek compensation. Below, we explore the legislations that govern your right to claim, and discuss some examples of common accidents that might lead to osteoarthritis.
Road Traffic Accidents
Whilst using the roads, all users owe each other a duty of care to navigate in a way that minimises their risk of causing harm or injury to others. For road users to uphold their duty of care, they can adhere to both the Road Traffic Act 1988 and the Highway Code.
Road traffic accidents can lead to the development of osteoarthritis if, for example:
- Another driver is speeding on the motorway, and loses control of the vehicle. As a result, the driver swerves into your lane causing a side collision. Due to the impact, your knee collides with the car’s dashboard, causing damage to the cartilage and the underlying bone. This then causes you to develop post-traumatic osteoarthritis.
- You are driving on a road when suddenly another vehicle swerves into oncoming traffic; the driver is inebriated, causing them to drive erratically. When they collide with your car, head on, your body is forced into the front of your vehicle causing immediate trauma to both of your shoulders. You suffer a severe brachial plexus injury, leading to the development of osteoarthritis.
Public Liability Accidents
Public liability accidents can occur if an occupier breaches the duty of care owed to a visitor. Under the Occupiers’ Liability Act 1957, the person or organisation in control of a premises owes all visitors a duty of care to ensure their reasonable safety when using the space for its intended purpose. They can uphold their duty of care through regular risk assessments, and frequent maintenance of their premises.
A public liability accident may lead to osteoarthritis if:
- When walking on poorly maintained uneven pavement, you trip and fall suffering a fractured wrist. This then causes you to develop osteoarthritis.
- Whilst in a public gym, you are using the smith machine to lift weights. This machinery is defective, but has not been signposted. As a result, when you lift the bar, it drops and directly impacts your shoulders. This high-impact injury causes disruption to the cartilage tissue, leading to the development of osteoarthritis.
Accidents At Work
Whilst at work, your employer owes you a duty of care under the Health and Safety at Work etc Act 1974 that they shall take all reasonable steps to ensure your safety and wellbeing. They can do this by supplying you with adequate training and appropriate personal protective equipment where necessary.
A workplace accident can cause osteoarthritis if:
- Many complaints have been made to your employer about the structural integrity of the scaffolding that you have to work on. One day, when working on this scaffolding, one of the planks gives way, causing you to fall from height. You suffer a fractured leg, and you begin to develop osteoarthritis in your knee joint.
- Due to a lack of manual handling training, when asked to pick up heavy boxes of stock, you try to lift too much weight. This places significant strain on your hips, and spine. As a result, you develop osteoarthritis and suffer a back injury.
These examples are by no means exhaustive, so if you’d like to discuss the events of your own accident, our advisors are here to listen. Get in touch with us today to discuss how much compensation for osteoarthritis you could claim.
How Can I Claim Osteoarthritis Compensation?
In order to claim osteoarthritis compensation, you must ensure that your claim is brought within the limitation period. Typically, most personal injury claims are subject to a 3 year time limit, as stipulated within the Limitation Act 1980. This 3 year time limit runs from the date of the accident.
With this stated, there are two exceptions that can apply, where a time limit can be suspended; to learn more, please read our dedicated limitation period guide.
As well as making sure that your claim is started within the time limit, you must hold evidence that can prove your osteoarthritis was caused by someone else’s negligent actions. Evidence can typically include documentation such as medical records, CCTV footage or accident reports.
We also understand it can feel daunting to gather all of this information, which is why if you work with a solicitor from our panel, you can rest assured that you wouldn’t have to gather these documents alone.
Get in touch with us today to learn more about whether your claim would fall within the time limits, or to learn more about how to prove negligence.
What How Much Compensation Can Do For Me
Here at How Much Compensation, the solicitors on our panel work on a No Win No Fee basis, through the use of a contract called a Conditional Fee Agreement. This can be quite beneficial for claimants because it means you’d have no upfront fees for a solicitor from our panel to begin work on your claim. Moreover, you’d have no solicitors’ fees to pay during the course of your claim, and no solicitors’ fees to pay whatsoever if your claim were to be unsuccessful.
However, if your claim was successful, then a small percentage of your compensation would be deducted. This is our panel’s success fee, and is limited in accordance with the Conditional Fee Agreements Order 2013, to ensure that claimants receive the majority of their compensation.
Additionally, if you are giving some thought to making an osteoarthritis claim, you can get assistance from one of our specialist solicitors from our panel. They offer a range of services with the main aim of making the claims process as straightforward as possible for you, meaning you can prioritise your recovery. By placing clients at the heart of all that we do, our panel of solicitors could offer you help through:
- Assisting you in gathering evidence that proves how your osteoarthritis was developed as a result of someone else’s negligence
- Discussing the claim with any relevant parties, and handling all paperwork related to your case
- Connecting you with recovery specialists to aid in your rehabilitation
- Explaining any complex legal terminology
- Helping to provide an estimate of how much compensation for osteoarthritis you could receive
- Negotiating a settlement on your behalf that is reflective of all the harm caused by your accident
Contact Our Team
To be connected with one of our friendly advisors, you can get in touch using the details below. They can offer you a free consultation, meaning you have no obligation to continue, but can determine the options available to you.
They are available 24/7 to answer any questions you might have, and can be reached by:
- Calling us on 0800 408 7826
- Contacting us online
- Speaking with an advisor using the live chat option
Learn More
To learn more about compensation claims, you can read our other pages about:
- How much compensation for a torn Achilles Tendon
- How much compensation for a rotator cuff injury claims
- Make a hand injury compensation claim
- How much compensation could you get for a facial scar?
Helpful External Resources
- The overview from GOV.UK on Statutory Sick Pay
- NHS advice on treatments for osteoarthritis
- How to manage a return to work after a period of sickness
Thank you for reading our guide today, we hope you have a better idea of how much compensation for osteoarthritis that you could receive.
