Knee Injury Claims

As the largest and most complex joint in the human body, injuries to the knee can cause significant pain and discomfort. They can also be debilitating, impacting your ability to walk, drive, and carry out other essential day-to-day activities.

Knee injuries can be caused by various incidents, including road traffic collisions, accidents at work and slips, trips and falls. In many cases, these accidents may be caused by somebody else’s negligence, which could entitle you to make a knee injury claim.

If this is the case, a solicitor can work to identify the severity of your injury and establish the impact the damage has had on your life to secure the highest compensation award possible.

The following guide provides information on the type of knee injuries you could sustain, common causes for such injuries, and how you can claim knee injury compensation if you were the victim of negligence.

To find out if you can make a claim, or to learn more about the process, call 0800 470 0474 or request a call back for a free consultation with an experienced solicitor.

Can I start a knee injury claim?

If you have suffered a knee injury as a result of someone else’s fault or negligence, you might be eligible to start a knee injury claim. The easiest way to find out if you are entitled to compensation is through a free consultation with a legal adviser. They will ask you a few questions about the circumstances of your injury to determine if:

• Another person or entity breached their duty of care towards you
• That breach led to an accident
• You suffered a knee injury and related damages as a result

It is essential to keep in mind that there are strict time limits for claiming knee injury compensation in the UK, as detailed in the section below. You do not have to worry about proving a duty of care. Depending on the circumstances of your accident, your solicitor will refer to the relevant legislation to show a breach of duty, which could be:

• The Occupiers’ Liability Act 1957 outlines the duty of care owed by occupiers of premises to visitors, ensuring that reasonable care is taken to prevent harm or injury.
• The Health and Safety at Work etc. Act 1974 places a duty of care on employers to ensure the health, safety, and welfare of their employees and the general public by providing a safe working environment.
• The Consumer Protection Act 1987 establishes the duty of care owed by manufacturers, suppliers, and sellers of products to consumers, ensuring that the products are safe and free from defects.
• The Road Traffic Act 1988 imposes a duty on road users to ensure their safety and the safety of others while using public roads.

If you can establish that your injury was due to someone else’s negligence or wrongdoing, your solicitor will work hard to secure knee injury compensation on your behalf.

How to make a knee injury compensation claim

If you have suffered a knee injury and believe that someone else is responsible for it, you might be entitled to compensation for your pain, suffering and financial losses. Here are the general steps you should follow if you want to start a knee injury claim:

Seek medical attention

Your health and well-being should always be the top priority. Seek immediate medical attention for your knee injury, and make sure to document all medical treatments, diagnoses, and related expenses. These will help prove the type and extent of the damage you suffered. Furthermore, any medical expenses you incurred, such as private physiotherapy or prescription costs, can be included in your claim.

Gather evidence

Collect as much evidence as possible to support your claim. Your solicitor will help you during this process, but you can assist them by providing any of the following:

• Your medical records;
• The names and contact details of any witnesses to your accident who could later provide a statement to support your version of the events;
• Photographs of the accident scene and any visible injuries such as swelling or bruising;
• If you were injured in a road traffic accident, the licence plate and insurance details of any drivers involved;
• CCTV or dash cam footage of the accident scene, if available;
• An accident report, if you were injured at work or in a public place like a shop or restaurant;
• Your notes about how the incident occurred and how it has affected your daily life;
• A police report, if you were involved in a hit-and-run or your injury was due to an assault or another violent crime;
• Evidence of any financial losses you incurred because of the injury, such as receipts, invoices and bank statements.

Consult a personal injury solicitor

It is recommended to seek legal advice from a personal injury lawyer specialising in handling knee injury claims. They can assess the merits of your case, guide you through the legal process, and help you understand your rights and options.

Determine liability

Your lawyer will investigate the circumstances of your knee injury to establish liability. They will assess whether another party, such as an individual, organisation, or employer, acted negligently or breached their duty of care, leading to your knee trauma.

Assess damages

Your solicitor will evaluate the impact of your knee injury on various aspects of your life, including physical pain, emotional suffering, medical expenses, loss of income, and any future rehabilitation or treatment needs. That will help determine how much compensation for a knee injury you may be entitled to.

Negotiate or pursue legal action

After assessing liability and the damages you suffered, your injury lawyer will work on your behalf to negotiate a fair settlement with the responsible party or their insurance company. If you cannot settle, they will help you argue your case before a judge through the court system. They will guide you through each step of the process, representing your best interests.

To learn more about the personal injury claims process, call 0800 470 0474 or enter your details to receive a free consultation with a legal adviser.

Common knee injuries that could lead to a personal injury claim

The knee, being the most complex joint in the body, is susceptible to a wide variety of injury types as several parts of it can be damaged in an accident. Some of the most common types of knee injury that solicitors deal with affect the following:

The bones

The knee comprises several bones that work together to provide stability and mobility, namely the femur, tibia and the knee cap, medically referred to as the patella. Knee injuries most commonly affect the knee cap, which can also have implications for the surrounding bones, tendons and ligaments. Injuries affecting the knee bones can be incredibly painful and significantly impact the injured person’s mobility and functionality.

The bursae

The bursae are small, fluid-filled sacs throughout the body, including around the knee joint. They serve as cushions between bones, tendons, and muscles, reducing friction and allowing smooth movement. Bursitis is a type of knee injury that occurs most often in work-related incidents. The condition occurs when excess fluid builds up on or around the joint and can be extremely painful and debilitating. Victims of this injury will typically require painkillers and anti-inflammatory treatment.

Repetitive use of the joint in professions such as carpentry, plumbing and cleaning can cause wear and damage to the joint. Other jobs at a higher risk of bursitis include sportsmen and women, bricklayers, carpet layers and construction workers – any occupation that involves a worker bending regularly or putting pressure on the knees. If your employer failed to take the necessary measures to protect your health and well-being, you might be entitled to claim knee injury at work compensation.

The cartilage 

The cartilage of the knee is medically referred to as the meniscus, and injuries to this area are quite common and potentially very painful. Cartilage is the strong, stiff tissue located throughout the body in all areas where one bone connects to another. The body uses cartilage to allow motion in joints without causing painful friction between bones. When a person suffers a cartilage injury, movements within the joint can become stiff, painful and uncomfortable.

A cartilage injury can be due to various reasons, such as sudden impact, twisting of the knee and repetitive stress on the joint. Common types of cartilage injuries in the knee include tears, strains, and degeneration of the cartilage tissue. These injuries can cause symptoms like pain, swelling, stiffness, and difficulty in moving the joint.

The knee ligament 

The knee consists of four ligaments, including two cruciate ligaments situated in the centre of the joint and two collateral ligaments on either side of the knee. Ligament damage is common in knee injury claims and can lead to significant pain and discomfort.

Many knee ligament injuries occur due to slips and falls, resulting in tears or ruptures. When the ligaments are ruptured, surgical intervention becomes necessary, and individuals are likely to experience intense pain. The recovery process typically involves several months of rehabilitation to restore the mobility and function of the joint.

The muscles

The knee is surrounded by several muscles that play a crucial role in its movement and stability, working together to support the knee joint and facilitate various activities.

Muscles, such as the quadriceps found at the front of the leg, and the hamstrings located at the back of the upper leg, are essential for movements like walking or running. If damaged, it can restrict your ability to function normally and is likely to cause significant pain and disruption to your daily life.

The type and severity of the trauma you suffered will not affect your eligibility to start a claim. However, this will determine how much compensation for a knee injury you might be entitled to receive.

The impact of suffering a knee injury

A knee injury can significantly impact your life and affect your ability to carry out tasks and activities. This, coupled with the likely excruciating pain you have suffered, can lead to the injury causing significant disruption to daily life. Some of the most common impacts that we see as a result of knee injuries include:

• The need to take time off from work, which can have negative consequences for your career and income;
• It may become necessary to leave work permanently due to the severity of the injury;
• Ongoing treatment, such as physiotherapy and pain management, may be required to aid in your recovery;
• Participation in hobbies or sports may be restricted due to the injury;
• Severe limitations in mobility, including difficulty putting weight on the joint or bending it as before, leading to significant pain and discomfort;
• The injury may affect your ability to care for your children due to pain and restricted mobility;
• Disrupted sleep patterns due to pain and discomfort, which can impact your ability to manage pain effectively during the following day;
• Dealing with a knee injury can be emotionally taxing and lead to frustration, anxiety, and feelings of helplessness due to the limitations it imposes on your lifestyle;
• Long-term complications, such as chronic pain, joint instability, and increased risk of future injuries;
• Long-term use of medications, including pain relief and anti-inflammatories, may be necessary to manage symptoms over an extended period.

Your solicitor will consider how your injury affected different aspects of your life and will ensure your knee injury compensation will cover all your losses.

Common accidents leading to a knee injury claim

Several common accidents can lead to a knee injury that may result in a compensation claim. Some of these accidents include:

Slips, trips, and falls

Accidents caused by slippery surfaces, uneven flooring, or obstacles in walkways can cause you to lose balance and land on your knees, suffering an injury.

Workplace accidents

In many workplace settings, accidents can occur due to hazards such as falling objects, machinery malfunctions, slips and trips or inadequate safety measures, resulting in knee injuries.

Lifting and manual handling

Incorrect lifting techniques or overexertion during lifting or carrying heavy objects can put excessive strain on the knees, leading to injuries over time.

Sports and recreational activities

Participating in high-impact sports or physical activities without proper protective gear or inadequate training can increase the risk of knee injuries, such as ligament tears or dislocations.

Road traffic accidents

Collisions involving cars, motorcycles, bicycles, or pedestrians can result in knee injuries if the knee strikes a hard surface or suffers impact during the accident.

Medical negligence

Negligence during medical procedures, such as improper handling or positioning during surgery, can lead to knee injuries, especially if the ligaments or structures of the knee are affected. An injury could also be made worse if there is a delay in diagnosis or a misdiagnosis.

If you have experienced a knee injury due to an accident that was not your fault, it is advisable to consult with a personal injury solicitor as soon as possible. They will offer you a free consultation to assess the viability of a knee injury claim.

Can I make a claim for knee injury at work compensation?

Employers are legally obligated to provide their employees with a safe and healthy working environment. Employers may be liable to pay knee injury at work compensation if they have failed to fulfil their duty of care dictated by legislation. Some essential aspects of an employer’s duty of care include:

Providing a Safe Work Environment

Employers should ensure the workplace is free from hazards that could cause knee injuries. This duty involves maintaining clean and organised work areas, addressing potential trip and slip hazards, and providing proper lighting and signage.

Risk Assessments

It is essential to conduct regular risk assessments to identify potential hazards and assess the risks associated with work activities. That includes determining which tasks may put a strain on the knees, such as heavy lifting or repetitive motions. Based on these assessments, appropriate control measures should be implemented to mitigate the identified risks.

Health and Safety Policies

Employers should establish and communicate precise health and safety policies that outline safe work practices and procedures. These policies should include guidelines on proper lifting techniques, the use of personal protective equipment, and ergonomic considerations to minimise the risk of knee injuries.

Training and Education

Employees should receive comprehensive training on safe work practices, including proper body mechanics, ergonomic principles, and using equipment or machinery that can impact knee safety. Employees should receive ongoing education and instruction about the potential risks and updated safety procedures.

Equipment and Resources

Suitable equipment, tools, and resources should be available to enable employees to perform their tasks safely. This may include providing ergonomic workstations, anti-fatigue mats, knee protection gear, or lifting aids to reduce knee strain.

Supervision and Monitoring

Employers should ensure that adequate supervision and monitoring are in place to identify potential risks or unsafe behaviours. Regular checks and inspections can help detect any hazards or maintenance issues that could lead to injuries to the knee.

If your employer has failed to provide a safe working environment and keep you safe from harm, you might be entitled to make a knee injury at work compensation claim. To find out if you have a valid case, fill in our online claim form to receive a call back from an experienced legal adviser, with no obligation to proceed.

How much compensation can I claim for a knee injury?

The amount of compensation you could receive for a knee injury depends on various factors, including the severity of the damage, the impact on your life, and the specific circumstances of your case. Compensation amounts are determined by taking into account both general damages and special damages.

General damages refer to the compensation awarded for the pain, suffering, and loss of amenity caused by the knee injury. The severity of the injury, the extent of the disability, the impact on your daily life and activities, and the prognosis for recovery will be considered in assessing general damages. Examples of general damages include:

• Pain and suffering
• Mental and emotional distress
• Loss of life quality
• Impact on your hobbies
• Scarring or disfigurement
• Physical disability

Special damages cover the financial losses and expenses incurred as a result of the knee injury. These may include:

• Medical expenses
• Rehabilitation costs
• Loss of earnings or earning capacity
• Travel expenses related to medical appointments
• Any necessary adaptations to your home or vehicle
• Cost of care and assistance

The compensation award for special damages is calculated based on evidence such as receipts, invoices and bank statements. General damages are awarded based on previous successful cases and the guidelines published by the Judicial College, according to which you could receive:

• Up to £6,020 for minor injuries like sprains and strains with no long-term effects
• £6,020 to £13,740 for a knee injury resulting in ongoing minor symptoms
• £20,880 to £34,660 for severe injuries to the knee cap, meniscus or ligaments leading to permanent moderate disability
• £34,660 to £76,690 for very severe fractures or ligament tears causing permanent limitation or loss of movement
• £83,550 to £109,570 for the amputation of one leg at the knee level
• Up to £253,480 for loss of both legs below the knee

Time limits to claim knee injury compensation

In the UK, the time limit to claim compensation for a knee injury is typically three years, starting from either:

• The date of the accident that caused your injury
• The date of knowledge, which is the moment you realised you suffered a knee injury due to someone else’s actions

To ensure you do not miss any deadlines and to understand the specific time limit applicable to your case, it is recommended to seek legal advice as soon as possible. Delaying the claim could potentially jeopardise your chances of receiving compensation, as your case could become statute-barred. Furthermore, starting a claim earlier will ensure that any details are still fresh in your mind and will facilitate the process of gathering evidence to support your case.

There are some exceptions to the three-year limitation period to start a knee injury claim:

• Claims on behalf of children can be brought at any time before their 18th birthday, regardless of when they were injured. After turning 18, the injured child has three years to start their own claim.
• There is no time limit for a litigation friend to claim on behalf of an individual who lacks the mental capacity to seek compensation.
• If you were injured due to a violent crime such as a robbery or physical assault, you could claim compensation through the CICA within two years of the incident.
• Military personnel injured in the line of duty have seven years to claim through the Armed Forces Compensation Scheme (AFCS).
• If you suffered a knee injury abroad, the time limit to start a claim could depend on the foreign country’s laws and be much shorter than three years. In this case, it is essential to talk to a solicitor who can advise you on your legal rights as early as possible.

Benefits of hiring a no win no fee solicitor

Personal injury solicitors have extensive experience and expertise in handling knee injury claims. Hiring a solicitor to handle your compensation claim provides many benefits, including:

• A free initial consultation to assess your eligibility and the strength of your case
• A dedication to achieving the highest knee injury compensation possible on your behalf
• Assistance in collecting and collating the necessary evidence to start a claim
• Handle all communication on your behalf and keep you updated on proceedings

Furthermore, if you have a valid claim for knee injury compensation, the solicitors we work with will offer you a 100% No Win No Fee* service. This means that:

• You do not have to pay any upfront fees to get legal representation;
• If your case fails, you do not have to pay anything to your solicitor;
• If you lose, you do not have to pay the legal costs incurred during the claim, as they will be covered by the After the Event (ATE) insurance policy that your solicitor will organise on your behalf;
• If you win compensation, you will keep the money awarded to you minus a success fee of up to 25% of your settlement paid to your solicitor as a success fee.

If you believe you may have a valid claim for a knee injury, call 0800 470 0474 today or arrange a call back for a free consultation. A friendly legal adviser will let you know if you are entitled to compensation and guide you through the claims process.