The knee joint is the largest joint in the body and is a highly complex and efficient example of natural engineering - enabling us to walk, run, kick and jump in a very efficient manner. The knee is a highly complex structure which is made up of bones, ligaments, muscles, cartilage and tendons. An injury to any one of these components can not only be extremely painful, it can also severely restrict your mobility. As it plays such a crucial role in our day to day lives, an injury to the knee can be extremely debilitating for the victim. If you have suffered a knee injury due to the negligence of another, you could be entitled to make a claim for compensation.
Many sports that involve a physical element can, by their very nature, involve the possibility of a knee injury. Many times it will not be as a result of some negligence on the part of someone but, regrettably, occasionally it will. Even in contact sports where knee injuries can happen as a result of the ‘rough and tumble’ of the game, if a knee injury happens as a result of negligence or a deliberate action on the part of someone then you may be entitled to make a knee injury claim. Read more: A guide to claiming compensation for a sports injury
Nobody should accept any work place accident as ‘just one of those things’ - all employers have a legal duty of care to their employees and visitors. If you should injure yourself as a result of your employer being negligent in their obligation to keep a safe working environment then you may have the basis for making a claim against them for knee injury compensation.
If you are involved in a road traffic accident that was not your fault, even if you were the passenger in the vehicle of the drivers whose fault it was, and you suffer a knee injury you may be entitled to claim compensation.
As we walk around whether along pavements or crossing the road we spot many potential hazards which we avoid. There are some circumstances where we may miss these hazards and can slip, trip or fall and injure our knees. The fact is that these hazards should not be there in the first place. The council or highways agency on public roads and footpaths has a duty to make sure that the roads and pavements are safe. The same applies to a business premises that you are legitimately visiting, they also have a duty to make a safe environment for you to walk about in. if you should slip, trip or fall in any of these locations you may be able to claim compensation through a knee injury claim.
A claim for compensation can be made for any knee injury that causes you pain and suffering, as long as the injury was caused by the negligence on another. Some common forms of knee injury that can lead to a compensation claim include:
See below for more information about the different parts of the knee...
The knee joint is where the tibia (shinbone) and fibula (calf bone) are attached to the femur (thigh bone). The bone that we know as the 'knee cap' is medically known as the patella.
Cartilage is a tough tissue found in the human body at joints where bones meet other bones. It is stiff and strong - but not as strong and as inflexible as the bone. Behind your kneecap, there are three cartilages - two meniscus cartilages and a cartilage known as the gristle.
Ligaments are fibrous tissues which connect bones to other bones. The knee has four ligaments - two cruciate ligaments (in the middle of the knee) and two collateral ligaments (on both sides of the knee).
A tendon is a strong tissue which connects muscles to bones. The knee has one main tendon known as the kneecap or patellar tendon.
Your knee attaches two muscles in the upper leg (the quadriceps at the front of your leg and the hamstrings muscles at the back of your upper leg) with a muscle in your lower leg (the calf muscle - at the back of your lower leg).
The exact amount of a compensation payout for a knee injury depends on a range of factors, especially how severe your injury is and how it has affected your day-to-day life and your ability to carry on working. A knee injury compensation payout can consist of two main heads of claim based on your pain and suffering (general damages) and your financial losses (special damages).
Some knee injuries can be extremely painful - as anyone who has torn a cartilage, ripped a ligament of fractured a kneecap will surely attest to. The severity and duration of your knee injury will influence any compensation payout you receive.
As well as compensation for the pain and suffering the injury subjected you to, your claim can also include any financial losses you have incurred as a result of your injury - as well as any future losses your injury could cause. Special damages can range from loss of earnings if your injury led you to miss work for a period of time, to medical expenses, extra travel costs and so on. For more severe injuries the compensation payout amount can reflect your future loss of earnings if your injury means you are no longer able to work, as well as the costs for modifying your home to make it more accessible. Below is a guide to knee injury compensation payout amounts*:
Severe knee injury: £19,900 – £73,125
Moderate injury: £11,275 to £19,900
Minor injury: Up to £10,450
For more information, read our personal injury claims payout guide or use our personal injury calculator
In order to make a claim for compensation, you must be able to show that your injury was the result of the negligence of another party - whether that is an individual or an organisation/business. This will depend entirely on the circumstances of your accident, with knee injuries being caused by a variety of different ways. For example, if you suffer a knee injury in a car accident that wasn't your fault then the claim would be made against the negligent driver of the other car i.e. against their car insurance policy.
If you suffer a knee injury after tripping over in a supermarket or department store, then it is likely that a claim for compensation can be made against the owner/operator of the store if it can be shown that there was not sufficient signage to warn you of a hazard.
The question of who is at fault for your knee injury is, therefore, a complicated one, so the best advice is to contact a personal injury expert to discuss your claim in more detail. To find out how Cute Injury can help you, get in touch today
Read more on knee injuries & ways to prevent them here...
Exercises for knee pain
Which knee support do I need for running?
* Information taken from Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases – 13th Edition. Please note that these figures are for guidance only and the compensation that you receive may be outside of these guidelines.
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