Are you looking to claim knee injury compensation? You may be able to start a personal injury claim if you can prove that a liable party’s actions or inactions were responsible for your injury. Knee injuries can seriously affect mobility, making daily activities much more difficult. This can come with pain and further expenses.
Continue reading to find out if you might meet the eligiblity to claim compensation. You can also read the guidelines for compensation payouts associated with different types of injury or use a compensation calculator. We also take a look at how you can claim back the money you lost as a result of your knee injury. This guide also covers how this compensation could be awarded.
Furthermore, this guide will examine common types and causes of knee injuries. Finally, you can find out how our panel of solicitors can help you file a claim and what services they offer.
Our advisory team is available around the clock with free advice about personal injury claims. Get in touch today for help with any queries:
- Call an advisor on 0800 408 7826
- Use the live chat on this page
- Contact us online using our easy to fill in form
Jump To A Section:
- Average Compensation Payouts For A Knee Injury
- Am I Eligible To Claim Knee Injury Compensation?
- Common Types Of Knee Injuries Leading To Compensation Claims
- How To Start A Knee Injury Claim
- How Our Panel of Solicitors Can Help You File A Claim
- More Information
Average Compensation Payouts For A Knee Injury
The amount of compensation you may receive is assessed on an individual basis, so it is not useful to state an average amount of knee injury compensation. However, you can also contact an advisor who can assess the details of your case and offer you a free case assessment.
The table below uses figures from the Judicial College guidelines (JCG), which is a document that legal professionals or others involved in valuing claims could refer to when evaluating compensation. It provides a list of different injuries with guideline compensation for each. However, your pain and suffering is not the only item considered when awarding compensation.
These figures do not provide a guarantee for how much compensation you may receive, but you can use them as a guide. The top row does not use a figure from the JCG.
| Type injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Severe injury with financial losses | Severe | Up to £500,000+ | Compensation for severe harm suffered to the knee and financial losses incurred |
| Knee | Severe (i) | £85,100 to £117,410 | Serious injury to the knee requiring lengthy treatment. Causes considerable pain and lost function |
| Severe (ii) | £63,610 to £85,100 | Fracture in knee joint which causes constant pain and limited mobility | |
| Severe (iii) | £31,960 to £53,030 | Injury causing less severe disability with pain a limited movement | |
| Moderate (i) | £18,110 to £31,960 | Injury resulting in mild disability in future due to weakening of the knee | |
| Moderate (ii) | Up to £16,770 | Less serious injury where claimant may experience continuous aching, discomfort or occasional pain. Compensation is assessed by level of recovery and acceleration of preexisting conditions | |
| Leg | Severe (ii) Very Serious | £66,920 to £109,290 | Injuries causing permanent problems with mobiity that take years to heal and need extensive treatment |
| Severe (iii) Serious | £47,840 to £66,920 | Fractures or injuries to joins/ligaments causing prolonged treatment, instability and a long period of keeping weight off the leg | |
| Severe (iv) Moderate | £33,880 to £47,840 | Injuries include multiple fractures or crushing injuries. Compensation influenced by multiple factors. These include impact on employment, extent of treatment and risk of future surgery |
Factors That Affect Knee Injury Payouts
Your personal injury claim will be split into two different heads. These are general and special damages.
General damages cover the pain and suffering that you have experienced due to the accident. This will be measured by the type of knee injury you have suffered, as well as the severity. It also considers what impact it will have on your life, how long the symptoms are expected to last and whether you have to give up any hobbies or activities that you had enjoyed prior to the injury. We covered how a value might be assigned to this above.
Continue reading to learn about special damages.
Claiming Special Damages
Special damages cover the financial impact associated with your injury, such as:
- Lost wages or income
- Cost of travel
- Cost of medical appointments/treatment
- Cost of home adjustments (such as handrails)
- Cost of care
You will have to evidence these costs as part of the claims process. For example, you can submit wage slips, receipts and invoices to help recover your out-of-pocket expenses.
Using Our Compensation Calculator
You can use the compensation calculator to evaluate your claim. This considers details such as the type of injury, its severity, and whether you had to take time off work. However, it can only provide you with an estimate. As with our table above, it uses figures from the JCG.
Alternatively, you may wish to contact our advisors for a free case assessment, as you can discuss your claim for compensation in further detail.
Am I Eligible To Claim Knee Injury Compensation?
You could suffer a knee injury in many different scenarios. However, in order to start a personal injury compensation claim, you must be able to prove that:
- An organisation or person owed you a duty of care
- They failed to enact their duty
- This caused you injury
In this section, you can read about some situations where you could be eligible to claim knee injury compensation.
Accidents At Work
Your employer owes a duty of care to all employees, as per the Health and Safety etc. Act 1974. This means that employers must take reasonable measures to keep their workers safe, such as providing training and performing risk assessments for machinery. For example, many manual handling injuries occur when employees have not been trained to carry out physical tasks.
If you are injured in the workplace and can prove that this was due to negligence on behalf of your employer, you could seek personal injury compensation. See below examples of scenarios where you could claim for a knee injury:
- You trip over a loose wire that has not been tidied or secured, causing you to dislocate your knee.
- You sit on a chair that is faulty and falls apart under your weight. This results in you fracturing your knee.
- Your boss tells you to use a forklift but has not given you any training. When you steer, you lose control and crash into a wall. You suffer an injured knee in the process.
If you have been injured similarly, you may be able to claim compensation for an accident at work.
Road Traffic Accidents
Whether you are a pedestrian, cyclist, motorcyclist, or driver, you owe a duty of care to other road users. This means that when you use the road, you must adhere to guidance and laws, such as the Highway Code and the Road Traffic Act 1988. These include rules such as speed limits and the use of seat belts.
Here are a few example scenarios:
- A car is speeding as you cross the road. The driver cannot stop in time and runs into you, injuring your knee.
- A driver pulls out at a junction without looking. The driver does not see you riding your bike and knocks into you. You fall off your bike and dislocate your knee.
There are many other situations whereby you could claim for a road traffic accident.
Trips, Slips, And Falls in a Public Place
When you are in a public place, the occupier owes you a duty of care. The occupier refers to the person or organisation who controls the space. They must take reasonable measures to keep the space safe and ensure that it is being used for its intended purposes. The occupier is responsible for reasonably protecting visitors from harm in the space. This is established by the Occupier’s Liability Act 1957.
You could have grounds to claim knee injury compensation if you:
- Slip over on the wet floor of a restaurant as the occupier had not put out a wet floor sign. This causes you to fracture your knee
- Sit in a faulty chair at the bank, and it collapses, causing you to injure your knee
In such situations, you can file for a public liability claim.
Contact an advisor today if you have any queries about the criteria for personal injury claims. They can discuss your case in detail, and if you are eligible, they may connect you to a solicitor from our panel.
Common Types Of Knee Injuries Leading To Compensation Claims
The knee is the joint that connects the upper and lower parts of the leg. It is a complicated part of the body, made up of cartilage and covered by ligaments. Its functioning is essential to your mobility, so an injury to the knee can seriously affect your daily lifestyle.
There are many different types of knee injuries. Sudden and unnatural twisting motions typically cause them. For example, you may fall over and put too much weight on the knee.
Common types of knee injuries include:
- Dislocation
- Grazes, cuts and gashes,
- Strains, twists, and sprains
- Fracture of the kneecap
- Tears to the ligaments
- Damage to the knee cartilage
- Damage to the muscle or tendons
If your knee injury was not included in this list, you can contact an advisor for more information.
How To Start A Knee Injury Claim
You can start a knee injury claim today. Speak to a member of our advisory team for a quick assessment of your eligibility, and if it seems like you have good grounds to launch a claim, they can connect you to a solicitor from our panel.
Keep reading to learn more about the process and the evidence you will need.
What Evidence Is Needed For A Successful Claim?
You will need evidence to show that you were injured and that this was due to someone failing in their duty of care. Evidence may include:
- Photos of the injury or scene of the accident
- Videos of the incident, such as CCTV footage
- Copies of your medical records or letters from medical professionals
- Contact details of people who witnessed the incident
- An accident report (if your injury occurred in the workplace or a public space)
- Pay slips or bank statements (to show expenses and lost income)
You should keep any receipts or correspondence that you have gathered in relation to your injury in case they can be used for the valuation of your compensation.
Time Limits For Filing A Knee Injury Claim
In general, you have three years from the date of injury to start a personal injury claim. This is upheld by the Limitation Act 1980, which outlines the amount of time legally allowed to start a claim.
There are exceptions to this if your personal injury claim meets special circumstances. The time limit may not apply if the claim involves anyone who is under eighteen or if the claimant does not have the mental capacity to manage the claim.
How Long Will It Take For Me To Get Compensation?
Many factors impact the amount of time it takes to gain compensation. These include:
- How busy the court schedule is
- Whether the defending party offers a settlement outside of court
- Whether the defending party admits that they failed in their duty
- The type and severity of your injuries
- The financial impact you have experienced
Although these factors cannot be controlled, a solicitor from our panel would efficiently represent your claim. They are experienced in navigating the legal system and organising the necessary documentation for personal injury claims.
Considering A No Win No Fee Agreement
If you are eligible and wish to proceed with a claim for compensation, an experienced personal injury solicitor from our panel can assist. Our panel offers this type of contract, which are an excellent way to proceed with a claim without worrying about the financial implications. A Conditional Fee Agreement (CFA) is a type of this contract. If you sign a CFA, you would not need to pay fees for your solicitor’s services:
- Before the claim begins
- While the claim is ongoing
- If you do not receive compensation
You will only need to pay a success fee if you receive compensation. A success fee is a legally capped percentage of your compensation that you give to cover your solicitor’s fees. This ensures that you still receive the majority of yourpersonal injury compensation.
How Our Panel Of Solicitors Can Help You File A Claim
Filing a claim for knee injury compensation can seem like a long and complicated process, but a solicitor from our panel can help simplify it. Their services include:
- Helping you to gather the necessary evidence
- Communicating with the defendant on your behalf
- Negotiating the amount of compensation you may receive to include general and special damages
- Filing your claim within the correct time frame (as discussed previously)
- Sending and receiving legal documents for your claim
You can get in contact with any queries:
- Call an advisor on 0800 408 7826
- Use the live chat on this page
- Contact us with our online form
More Information
You can visit our guides below for more information on:
- Learn about claiming for a foot injury and what the eligibility requirements are.
- Here, we discuss claiming for a broken leg and how compensation could be awarded.
- This guide looks at claiming for losing a leg.
You can also visit:
- The NHS webpage for knee pain.
- The NHS webpage on accessing your health record.
- The government webpage for claiming Statutory Sick Pay (SPP), including information about eligibility and how to claim.
Thank you for taking the time to read this guide on knee injury compensation, we hope that you now have the information you need to proceed with your claim.