Ligament Damage Claims
If you have been in any way affected by a ligament injury without being at fault, you might be entitled to make a ligament damage claim.
Ligaments are fundamental bands of tissue that connect one bone to another. When ligaments are damaged, the joints may become unstable. That will probably cause a lot of pain, inflammation, bruising and limited mobility. Severe injuries may require surgery and an extended recovery period.
Ligament damage claims often follow a slip, trip and fall, work accidents, repetitive strain injuries, road accidents or sports-related injuries. No matter the cause of your injury, you can claim ligament damage compensation if somebody else was to blame.
If you want to make a ligament injury claim, you can call 0800 678 1410 or request a call back to receive a free consultation with a legal adviser. They will let you know if you may be eligible for compensation and answer any questions you may have.
Am I eligible to make a ligament damage claim?
A ligament injury can have serious long term consequences. You might have to take time off work for surgery, treatment and rehabilitation. In severe cases, you might require mobility aids or a wheelchair. You will probably want compensation for all that you’ve endured.
You can make a ligament damage compensation claim if:
- you were injured or learned about your injury in the last three years
- another party who owed you a duty of care is responsible for your injury
If it’s unclear to you who might be responsible for your injury, a legal adviser can help sort that out. There are many laws for establishing liability in different situations, like the Road Traffic Act 1988, the Health and Safety at Work Act 1974 or the Occupiers’ Liability Act 1957.
Your personal injury solicitor will know if an employer, business owner, or another party breached their duty of care towards you, causing your ligament damage.
To have a successful claim for ligament damage, you will need evidence to prove what caused the accident, as well as who was to blame and the extent of your injuries:
- Medical records. A medical assessment is essential when claiming ligament damage compensation. A visit to the doctor can attest to the severity of ligament damage and what might be the cause of it.
- Photographic evidence. Taking a photo of the accident scene could clearly prove how you got your injury. For example, if you slip on a greasy surface, taking a picture before it gets cleaned up can be of great value in your claim.
- Witness statements. You should get the contact detail of anyone who might have seen the accident occur. Their testimony can change the course of your ligament damage claim.
- CCTV footage. No matter where and how you suffer an injury, it is always a good idea to inquire if any CCTV cameras might have footage of the accident.
- Accident reports. If your accident happened at work or in a shop, make sure it gets recorded in an accident report book. This will later confirm the date, time and location of your accident.
- Receipts of expenses. Make sure to keep track of all financial losses related to the accident; you will receive compensation for all expenditures if your claim is successful.
What are the different types of ligament damage?
Mainly due to the poor blood supply, ligament injuries heal very slowly. In severe cases, you may need surgery, which can be very painful and require a prolonged recovery period.
Ligament damage is also known as a sprain or whiplash. There are three grades of ligament sprain:
- Grade 1: Mild sprain, with no swelling and slight bruising
- Grade 2: Moderate sprain, with significant swelling and a small tear
- Grade 3: Complete tear with low stability that requires surgery
For every grade of ligament sprain, it is essential to protect the injury site while healing and promoting the blood flow to the area. Early mobilisation and physical therapy will speed up the healing process.
Common types of ligament injuries include:
Twisting or awkwardly turning your ankle can stretch or tear the ligaments holding your ankle bones together. You might experience acute pain, swelling, tenderness, instability and restricted mobility.
Knee ligament injuries
Ligament injuries to the knee include:
- An anterior cruciate ligament (ACL) tear
- A posterior cruciate ligament (PCL) tear
- Medial collateral ligament (MCL) tear
- Patella (knee cap) dislocation
In most cases, you will hear a loud pop when a knee ligament injury occurs. Swelling usually occurs in a few hours, and almost all patients develop bleeding into the knee joints. The pain can be sudden and severe, accompanied by the inability to put weight on the joint.
Spinal ligament injuries
Neck sprains, text neck or whiplash can significantly affect your mobility and ability to work. Such an injury could result from falling, road traffic accidents or improper posture when using a computer. Common symptoms may include neck pain and stiffness, dizziness, arm and shoulder pain, tiredness or concentration problems.
Shoulder ligament injuries
This includes shoulder dislocation, acromioclavicular joint injury or rotator cuff tear. Symptoms include pain, reduced mobility, muscle weakness, swelling and cracking sounds. Complications may lead to nerve and muscle damage or damage to an artery.
Hand and wrist sprains
Ligament damage to the hands and wrists is often the result of a slip or fall, as you automatically put your hands out when attempting to break the fall. Wrist sprains are also a common sporting injury from falling over or being struck on the wrist by bats, balls or rackets.
If you suffered ligament damage in an accident that wasn’t your fault, you might be able to claim ligament damage compensation. To find out if you have a valid claim, enter your details into our online claim form or call 0800 678 1410 to speak to a legal adviser.
How long does it take to recover from a ligament injury?
The recovery time depends on the severity of your injury. Mild ligament sprains can heal between two to four weeks, while moderate sprains can take more than ten weeks.
Although a mild to moderate injury can heal on its own over time, it is always best to seek medical advice. This will ensure the affected area heals correctly, without excessive scarring and additional damage.
Depending on the severity of your injury, a doctor can prescribe medications, physical therapy, or even surgery. If the ligament is partially torn, following the RICE method for the affected joint is likely to be recommended:
This will reduce the swelling and promote circulation to the affected area.
A doctor might also prescribe over-the-counter or prescription medication to reduce the swelling and pain. For extreme pain, you might get corticosteroid injections in the affected joint.
If you suffer a severe injury, you might need surgery. In the case of knee injuries, the surgeon might remove the damaged ligament and replace it with tissue to grow a new ligament. Occasionally, a cadaver tendon will be used to replace the damaged one in older patients.
After surgery, the recovery process usually takes about six to nine months. You will likely have to go through physical therapy for around six months, but the duration will depend on how bad the injury is.
What are the most common accidents that cause ligament damage?
Ligament injuries can be caused by a wide range of accidents for which you can claim ligament damage compensation:
The most common ligament damage claim caused by a collision is whiplash. Whiplash is caused by sudden and forceful stretching of the neck that damages the ligaments. The symptoms can be very uncomfortable and have long-lasting consequences. In severe cases, the damage can be permanent.
Slips, trips and falls.
A slip, trip and fall accident will commonly affect the ligaments in the ankles, knees, back, hands or wrists, depending on how you land. These accidents generally occur when businesses, landlords or local councils don’t take the necessary measures to keep walking areas safe for the public.
If you think that another party’s negligence caused you to get hurt, you might be entitled to claim ligament damage compensation. They could be held accountable under the Occupiers Liability Act 1957.
Work-related ligament damage often occurs by incorrect manual handling of equipment, which can cause back injuries, repetitive strain injuries or shoulder injuries. Falls from a height or on the same level can also lead to ligament damage.
If you believe your employer neglected their duty of care towards you, you can claim for ligament damage. The Health and Safety at Work etc. Act 1974 states the legal responsibilities of an employer.
Inadequate training or faulty equipment can lead to ligament damage while practising sports. If you believe negligence was the cause of your sprain or strain, you might have a ligament injury claim against the club, organisation or individual responsible for overseeing your activity.
If a doctor fails to diagnose or misdiagnoses your injury, this can result in delayed or improper treatment. Either one can aggravate your ligament damage or cause permanent damage.
How much compensation can I claim for ligament damage?
The amount of compensation you could receive in a ligament damage claim mostly depends on the extent of your injuries and the financial losses you incurred because of your accident.
Just like in every personal injury claim, the ligament damage compensation will cover:
- pain, suffering and loss of amenity
- emotional distress
- psychological trauma
- changes in life quality
- medical treatments, including surgery and hospitalisation
- mobility aids
- physical therapy and rehabilitation
- lost wages, if you had to take time off work
- any other financial expenses you incurred
It is hard to calculate an exact compensation amount, but an experienced solicitor can give you an accurate estimation of your compensation prospects. Both solicitors and the court will use the guidelines published by the Judicial College when assessing compensation awards. According to them, you could get:
- £6,820 – £11,820 for a minor Achilles tendon injury
- £11,730 to £26,050 for moderate ligament damage in back injuries
- £36,790 to £51,460 for severe ligament damage in the legs
- £7,410 – £11,980 for mild shoulder injuries
- £65,440 to £90,290 for severe knee injuries
- £12,900 to £24,950 for moderate ankle damage
- £18,020 – £45,070 for a severe neck injury
Is there a time limit for making a ligament damage claim?
Usually, the time limit for making a ligament damage claim, known as the claim limitation date, is three years from the day of your injury.
Some tendon injuries develop over time due to manual handling or repetitive straining. In these situations, you can make a claim for ligament damage within three years from when you received a diagnosis.
A litigation friend can claim compensation for a child until their 18th birthday. Afterwards, they will have until their 21st birthday to claim ligament damage compensation in their name.
There is no limitation date to make a ligament injury claim for a victim who lacks mental capacity. The three-year countdown will start if they regain their cognitive abilities later.
Even though there are exceptions to the three-year limitation date, it is always advisable to start your claim as soon as possible. This way, all the accident details are still fresh, witnesses are more likely to come forward, and you will have plenty of time to collect the required evidence.
If you feel you may have a valid ligament damage claim, call 0800 678 1410 or request a call back to receive a free consultation with a legal adviser. They will let you know what limitation date applies to your situation and answer any other questions you may have.