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Knee injuries can be very painful and debilitating. As well as the physical pain, you may be unable to do your regular daily activities and may be reliant on your friends and family. If you’ve suffered a knee injury from an accident at work, in a public place, or on the road, you could be eligible for personal injury compensation today. In this guide, we will explain who could be eligible to make knee injury claims and how to make such a claim.
While no amount of money can undo what’s been done, knee injury claims for compensation can help get things back to the way they were quicker. It can help with your rehabilitation and cover any immediate costs resulting from the injury.
You can get in touch with us today for a confidential, obligation-free chat about your circumstances. If you’re eligible to pursue a knee injury compensation claim, we can connect you with a specialist knee injury solicitor from our panel.
Our panel of knee injury solicitors are specialists with years of experience in the field. They work on a No Win No Fee basis and have won thousands of pounds in compensation for countless clients in the past. To see whether you can connect, here is how you can contact us for free:
- Call 0333 0000729.
- Fill out our ‘Contact Us’ form.
- Message an advisor directly in our live on-screen chat box.
Frequently Asked Questions
- How Much Knee Injury Claim Compensation Could You Get?
- What Factors Are Considered When Calculating Compensation?
- Who Can Make Knee Injury Claims?
- Common Causes Of Knee Injury Claims
- How To Start A Knee Injury Claim?
- How Long Does The Process Of Claiming Knee Injury Compensation Take?
- Making Knee Injury Claims On A No Win No Fee Basis
- Learn More
How Much Knee Injury Claim Compensation Could You Get?
According to the Judicial College Guidelines (JCG), between £85,100 to £117,410 could potentially be awarded for a severe knee injury.
However, the overall amount of knee injury compensation you could get (if your claim is successful) depends on two heads of claim:
- General damages – the extent to which you’ve been psychologically and physically affected by your knee injury.
- Special damages – the extent to which you’ve been financially affected by your knee injury.
Legal professionals often use the JCG, along with independent medical records, to work out the value of general damages in successful knee injury claims.
The JCG has guideline compensation brackets for all sorts of injuries.
For your guidance, we have taken the entries regarding knee injuries from the JCG, with their guideline compensation brackets, to create the table below.
When viewing this table, please be mindful that none of these figures can be guaranteed, and that the top figure isn’t from the JCG.
| Injury | Severity | Guideline compensation | Notes |
|---|---|---|---|
| Multiple serious injuries plus special damages | Serious | Up to £500,000+ | Compensation covering multiple serious injuries plus associated monetary losses, such as medical expenses. |
| Knee | Severe (a)(i) | £85,100 to £117,410 | Where osteoarthritis has developed and there's disruption to the joint which causes considerable pain. |
| Severe (a)(ii) | £63,610 to £85,100 | A leg fracture that has extended to the knee joint, resulting in constant pain and a permanent limitation of movement. | |
| Severe (a)(iii) | £31,960 to £53,030 | Injuries that have continuing symptoms, such as discomfort and deformity, that may result in the need for remedial surgery in the long term. | |
| Moderate (b)(i) | £18,110 to £31,960 | Dislocations that result in minor weakness and instability. | |
| Moderate (b)(ii) | Up to £16,770 | Examples include lacerations, twisting, and bruising injuries that cause continuous aching. |
Contact our advisors today to discuss knee injury compensation claims in more detail.
What Factors Are Considered When Calculating Compensation?
When the value of general damages is being determined in knee injury claims, here are some factors that are considered:
- How painful the injury is.
- How the injury has impacted hobbies and overall quality of life (loss of amenity).
- What the prognosis of the injury is.
- What the estimated length of recovery is, and whether a full recovery can be made.
In terms of special damages, the value of this head of claim depends on what financial losses you have suffered as a result of the injury.
The types of financial losses that knee injury compensation can cover include:
- Lost earnings if your injury has made you unable to work.
- Travel costs from attending medical appointments.
- Medical expenses, such as buying prescriptions and over-the-counter pain relief.
In order to be reimbursed for your financial losses, you must provide evidence through invoices, receipts, bank statements, and payslips.
Our panel of solicitors will ensure that you get the most fair settlement possible. Give us a call today for more information on how our panel calculates knee injury compensation.
Who Can Make Knee Injury Claims?
Anyone who can prove that they’ve suffered negligence is eligible to make a knee injury claim. Negligence is when:
- You are owed a duty of care by a third party.
- The third party breached this duty of care.
- You are injured as a result of this breached duty of care.
Later in this guide, we discuss the different scenarios where you are owed a duty of care and how an accident could occur if this duty is breached.
If you believe you meet the knee injury claims eligibility criteria, please contact us today. Our team can confirm your claim eligibility for free.
Can I Claim Compensation For A Knee Injury If It Was Partly My Fault?
Yes; even if you were partly at fault for the accident that led to your knee injury, you can still claim compensation. These types of claims are called split liability claims.
With split liability claims, the amount of compensation you receive depends on how liable you are for the accident. For example, if you were:
- 50% at fault, you’d receive 50% of the compensation amount.
- 20% at fault, you’d receive 80% of the compensation amount.
- 75% at fault, you’d receive 25% of the compensation amount.
And so on.
Please contact us today if you wish to make a split liability knee injury claim. Even if you think you may be 100% at fault for the accident, you can always double-check with us.
Common Causes Of Knee Injury Claims
Some common causes of knee injury claims have been set out below:
Accidents At Work
When you are at work, you are owed a duty of care by your employer under the Health and Safety at Work etc. Act 1974.
Employers must comply with their duty of care by taking reasonably-expected steps in the workplace to ensure your safety.
Examples of how a knee injury could be suffered due to an employer breaching their duty of care include:
- Your employer fails to conduct regular maintenance checks on the workplace’s equipment, such as a forklift, causing you to crash and suffer a knee fracture.
- You are not provided with the correct manual handling training, causing you to suffer a soft tissue injury in your knee as well as a back injury.
Public Place Accidents
When you are in a public space, such as a public park or restaurant, you are owed a duty of care by the occupier of that space (the party in charge), as per the Occupiers’ Liability Act 1957.
Occupiers must comply with their duty of care by taking steps to ensure your reasonable safety while you’re visiting their space.
Examples of how a knee injury could be suffered due to an occupier failing to adhere to their duty of care include:
- A library fails to replace a faulty handrail, resulting in you falling down the stairs and suffering a knee and leg injury.
- A cafe fails to display a wet floor sign for a known spillage, causing you to slip and suffer a knee and hand injury.
Road Traffic Accidents
When you are on the road, you are owed a duty of care by all of the other road users. Likewise, you also owe them a duty of care.
Road users must adhere to their duty of care to ensure one another’s safety on the road by following the rules in The Highway Code and the Road Traffic Act 1988.
Examples of how a knee injury could be suffered due to a road user breaching their duty of care include:
- A driver is exceeding the speed limit, meaning they are unable to come to a stop in time and hit you as you are using a pedestrian crossing, causing you to suffer a knee injury, among other severe injuries.
- You are involved in a T-Bone collision with a drunk driver who ran a red light, causing you to suffer a knee injury and a broken arm.
Medical Negligence
When you’re seeking medical attention, you are owed a duty of care by every medical professional who treats you.
Medical professionals must comply with their duty of care by ensuring the standard of care they provide meets the minimum expected standards.
As such, a medical professional could breach their duty of care if they:
- Fail to check your medical records. For example, if you require a knee replacement surgery but the surgeon fails to check your medical records, they could operate on the wrong knee.
- Misread your X-ray results, resulting in a knee fracture being misdiagnosed as a sprain and leading to the fracture to worsen and heal incorrectly.
If you believe a medical professional, a road user, an occupier, or an employer is responsible for your knee injury, please get in touch with us today. If a third party is found liable, our panel of specialist solicitors can get the knee injury claims process started for you.
How To Start A Knee Injury Claim?
To start a knee injury claim, the first steps you can take is to:
- Seek medical attention regarding your knee injury. Then,
- Contact us and talk about your circumstances. If you wish to proceed, we can then connect you with a specialist solicitor from our panel (if you meet the knee injury claims eligibility requirements and are within the claims limitation period).
The knee injury claims time limit is generally 3 years, as stated in the Limitation Act 1980. This means that, in the majority of cases, you have 3 years from the date you sustained your knee injury to begin claiming compensation.
However, the claims time limit won’t immediately begin for claimants who are:
- Under the age of 18. Or,
- Mentally incapacitated.
In these cases, the time limit is paused, as these claimants are unable to start their own claim. While the time limit is paused, someone close to the claimant can make a claim on their behalf as a litigation friend if they so wish (such as a parent on behalf of their child).
If a litigation friend hasn’t started a knee injury claim by the time the claimant:
- Has their 18th birthday. Or,
- Recovers their mental capacity.
Then the 3-year time limit will begin for the claimant from these dates (their 18th birthday or mental recovery date).
What Evidence Do I Need?
Once you’ve connected with one of the solicitors from our panel, they will help you gather the evidence you need to support your knee injury claim.
As much of the following as possible should be gathered:
- Copies of your medical notes. After seeking medical attention, the extent of your knee injury will be in your medical records.
- CCTV footage, and/or dash-cam footage, of the accident that caused your injury.
- Contact details from potential witnesses who can provide a statement later on during the claims process.
- Photos of your knee injury.
- Photos taken of the accident scene, with the causation of the accident if possible. For example, if a piece of defective equipment at work caused the accident, take a picture of this.
- Keep a personal diary where you’ve recorded your symptoms and what treatment you’ve received.
Collecting evidence is just one part of the vast services our panel of solicitors offer. They will help you during every single step of the knee injury claims process, using their years of experience to ensure the process is as straightforward as possible for you.
How Long Does The Process Of Claiming Knee Injury Compensation Take?
The knee injury claims process can take as little as a few months to resolve. However, in some cases, the claims process may possibly take a little longer. This is because multiple factors play a part in how long a claim can take, such as:
- How severe the knee injury is.
- Whether the defendant accepts liability straight away.
- How long the defendant takes to respond to communications.
- How long it takes for all evidence to be gathered.
- Whether the claim gets taken to court or not (court proceedings are unlikely in knee injury claims, but are sometimes required).
- How long negotiations take.
No matter the length of your knee injury claim, a solicitor from our panel will support you from start to finish, ensuring the claims process is settled as soon as possible.
Making Knee Injury Claims On A No Win No Fee Basis
If you connect with a specialist solicitor from our panel, they will take on your claim on a No Win No Fee basis, provided you have an eligible case. Specifically, on the terms of a Conditional Fee Agreement (CFA).
CFAs are hugely beneficial for clients, as there are:
- No upfront or ongoing solicitor fees.
- No solicitor fees at all if you lose your claim.
This means that your solicitor will only receive money if you win your claim. Even then, you don’t need to pay directly out of your pocket. Instead, your solicitor keeps a small percentage of your knee injury compensation, which is called the ‘success fee’. To ensure the majority of the compensation goes to you, there is a legal cap on the percentage that success fees can be.
Contact Legal Helpline
For specialist advice and guidance on knee injury claims, please contact us today. Our panel of knee injury solicitors have:
- Decades of combined training, education, and experience in winning compensation claims.
- Taken on countless personal injury claims from all over the country.
- A dedication to always delivering the best customer service.
- Won millions in compensation for previous clients.
Our contact services are completely free to use, and are live 24/7:
- Call 0333 0000729.
- Fill out our ‘Contact Us’ form.
- Message an advisor directly in our live on-screen chat box.
Learn More
Learn more about different types of personal injury claim guides here:
- Advice on how to get more money out of a personal injury claim.
- Information on soft-tissue injury claims.
- Learn how to make a slip, trip, and fall claim.
Additionally, these other pages might provide you with useful information:
- NHS – how to treat knee pain.
- Health and Safety Executive (HSE) – information on how employers should manage risks at work.
- Gov.UK – road safety statistics.
Thank you for reading our knee injury claims guide. Hopefully, you feel more assured about what to do if you have sustained a knee injury due to someone else’s negligent actions. Contact us to discuss your case today.
