By Marlon Fawkes. Last Updated 16th March 2023. Welcome to our case study relating to personal injury claims payouts for a broken kneecap.
This case study involves an accident which led to a worker seeking a compensation payout for a broken knee cap following a fall while working on a building site in London.
This case study displays how using the right solicitors can lead to a better knee injury claim payout than the other party wanted to pay. Accident Claims UK deal with knee injury claims regularly and can help you if you’re looking for a maximum payout for a broken knee cap injury.
In this case study, a builder was working on a site in central London when he tripped on a piece of metal which hadn’t been stored away correctly which led to a broken knee cap. He had to visit hospital for treatment in A&E where he was kept in for three days following surgery on his knee. The considerable amount of pain suffered as well as the time of work was what convinced him to ask for a payout for a broken knee cap.
Broken knee cap compensation
Knee injury claims can be complex, and in this case the other party tried to deny liability for the whole period of the claim, which is why, when looking for a payout for a broken knee cap, you should use a no win no fee solicitor to ensure the amount you receive is fair when considering how much pain and suffering was involved.
Eventually, the claimant in this case was awarded £55,000 in compensation for his broken knee cap, suffering and losses.
If you’re wondering “How much compensation can I get for a knee injury?” then keep reading this guide as it shows how a payout for a broken knee cap can be successful, the types of injuries involved and how Accident Claims UK offer a no win no fee service to make your claim. We’ll also show you how the builder’s solicitor turned the case around to get on offer of nothing to a £55,000 personal injury compensation payout because of the accident. Whether you’ve suffered a knee injury at work from a wet floor leading to soft tissue damage or a long term injury, this could affect the amount of compensation you could get. We could help you maximise your payout for knee injury compensation claims.
Statistics For Accidents And Injuries In The Construction Industry
According to a report by the Health & Safety Executive (HSE, the government department responsible for safety at work), there were nearly 65,000 non-fatal injuries to workers in the construction industry estimated during 2015 – 2016. The large majority were musculoskeletal disorders which, those accidents which concluded with knee injury compensation awards, would come under.
Accidents in the construction injury seem quite common but when you’re considering cases where a payout for a broken knee cap would be suitable the accident needs to be the fault of somebody else (as in this case where the piece of metal hadn’t been put away properly).
Personal injury claims have a 3 year time limit which means that if you are going to try to get a payout for a broken knee cap then you need to commence your claim within 3 years of the accident happening or from the date when you realised you had become injured, usually in cases involving an industrial type injury such as asbestosis.
How Serious Is A Broken Knee Cap Injury?
A broken knee cap, also known as the patella, can be a simple 2-piece break which can be resolved by wearing a splint or cast to hold the 2 pieces in place until they fuse back together.
In the case of the builder seeking a payout for a broken knee cap, the break was more complex and therefore required surgery to put the knee cap back together before the cast was fitted. This led to 3 days in hospital for the operation and months of recovery time for the fracture to heal properly before he could put weight on to the knee which would’ve impacted his ability to work as well as complete normal, day to day, tasks.
Broken knee cap symptoms include swelling, bruising and obviously pain around the affected area and if left untreated can cause further problems like infection, fever and more severe pain.
When recovering from a broken knee cap the cast or splint has to be worn all day and only removed to wash the leg, at all times the leg must be kept straight.
What Allegation Was Made In This Broken Knee Cap Claim?
The allegation from the builder’s solicitor was that the company running the building site had been negligent in not ensuring his safety by putting the piece of metal away properly before he tripped on it and therefore they sought a payout for a broken knee cap and subsequent losses.
The company however refuted this claim and argued that the builder himself was negligent and to blame and therefore, initially, refused to pay compensation as they didn’t think it was fair to do so.
As the case progressed, the no win no fee solicitor employed by the builder, managed to get the company to agree that they liability was 90% there’s and the builder was only 10% to blame. At that point the company offered a payout for a broken knee cap of £25,000.
Whilst this was a much improved position from the start the solicitor advised their client that it wasn’t fair and didn’t properly compensate him and so decided to take the case to court to seek a bigger payout for a broken knee cap but, as often happens with personal injury claims, the company offered an out of court settlement that the solicitor, acting on behalf of the builder, believed was much fairer.
How Was A Final Settlement Agreed Upon?
The final payout for a broken knee cap in this case wad £55,000 which covered the pain and suffering incurred as a result of the accident, private medical care costs and would’ve included an amount for loss of earnings as well as future loss of earnings. Knee injury compensation amounts you typically find online are for general damages so can increase greatly when special damages are accounted for.
This case study identifies how a personal injury solicitor helped to change the denial of liability into a £55,000 compensation payout for a broken knee cap and shows how the right solicitor can be invaluable when making such a claim.
List Of Compensation Payouts
Injuries do not have fixed compensation rates in personal injury claims. If you had suffered from a broken patella, your award would be determined by several factors, including the physical and psychological effects of your injury and any resulting financial losses.
The general damages we referred to in our case study is the amount of compensation that is awarded to a person for their pain and suffering. Special damages is compensation for any financial losses caused by an injury.
Special damages is calculated and based on the evidence you can provide of your injury related financial losses and needs, such as receipts for prescriptions you needed to pay for or invoices for a stairlift that needed to be installed as a result of your injury.
General damages can be evaluated using a publication called the Judicial College Guidelines. This is a document that compiles compensation brackets by examining awards from previous court claims.
We have provided a table showing a list of compensation payouts for knee and leg injuries featured within the JCG. However, these figures are not guaranteed if you make a successful claim.
| Injury | Award | Notes |
|---|---|---|
| Severe Knee Injury (i) | £69,730 to £96,21 | An injury that has disrupted the joints and will need lengthy treatment & surgery |
| Severe Knee Injury (ii) | £52,120 to £69,730 | A fracture causing permanent pain and movement issues |
| Severe Knee Injury (iii) | £26,190 to £43,460 | Injuries severe than described above but which may still leave severe pain & discomfort |
| Moderate Knee Injury (i) | £14,840 to £26,190 | A dislocation or tear that could lead to a mild disability in future |
| Moderate Knee Injury (ii) | Up to £13,740 | For dislocations or tears that are expected to last for a lesser period |
| Severe Leg Injuries (i) | £96,250 to £135,920 | For ractures that may not heal despite attempts such as grafting |
| Severe Leg Injuries (ii) | £54,830 to £87,890 | Injuries leading to permanent problems with mobility |
| Severe Leg Injuries (iii) | £39,200 to £54,830 | Injuries such as fractures which may require a lengthy period of treatment |
You could receive a free compensation estimate for your knee injury by reaching out to one of our advisers. This can also give you a chance to speak to a trained professional for legal advice about any matters relating to your injury and potential claim.
No Win No Fee Broken Knee Cap Compensation Claims
The main problem that people face when thinking about making a knee injury claim is the worry of escalating legal fees. It is probably the most common thing we hear from potential clients and we fully understand why.
It is true that a solicitor has a lot of work to do in cases like these including evidence gathering, dealing with insurers and their solicitors and ensuring the client gets the correct treatment but all of this work can add up to a large legal bill if the solicitor is charging by the hour for their services. Some solicitors still charge the hourly rate to their clients even if they lose the case and no compensation is gained for their client. That’s why, at Accident Claims UK, when we agree to take on a claim, seeking a payout for a broken knee cap, we do so on a no win no fee basis. We believe this is the fairest way to proceed and we only take costs when we actually win compensation for you, making the claim completely risk free for you.
There is no up-front payment required, no hourly rate during the claim and there’s never anything to pay if we don’t actually get you a payout for a broken knee cap after the claim has been processed.
Speak To Our Team Today About Personal Injury Claims Payouts For A Broken Kneecap
If, now that you’ve read this case study, want us to try to get you a payout for a broken knee cap injury that you’ve had then we’re ready to speak with you today.
We have lots of clients who can vouch for our professional and understanding team.
To get in touch you can:
- Call us free on 0800 073 8801
- Use our live chat feature on any page of our site
- Email us on office@accidentclaims.co.uk
- Request a consultation using our call back form
We realise that trying to get a payout for a broken knee cap injury can be quite daunting if you’re still employed by the company, but our staff are very diplomatic and courteous when speaking to clients and employers alike.
What other accident at work claims could lead to personal injury claim payouts for a broken kneecap?
There are a variety of different types of accidents that could lead to a broken kneecap. Perhaps a spillage was not cleared up on a showroom floor, leading to an employee slipping and breaking their kneecap. Alternatively, goods may not have been stacked on a shelf correctly and may have fallen onto someone’s leg, causing a broken kneecap. If you could prove that your broken kneecap was caused by an accident at work that was not your fault, you could be eligible for compensation. To maximise your chances of getting compensation payouts in the UK, you would need to provide evidence that your employer was liable for your injury, and that your injury was caused by the accident.
Broken Knee – Gathering Evidence
When making a personal injury claim for a broken knee, you will need to prove that your injury was caused by a third party breaching their duty of care. This is known as negligence. Evidence can help to prove negligence occurred. Some of the evidence you could gather to help support your broken kneecap claim include:
- CCTV footage or any photographs of the accident.
- Witness contact details – This is so a solicitor can collect a statement from them later.
- Medical evidence regarding your fractured kneecap – This could be a copy of your medical records, stating your injury and the treatment you needed to receive.
- A complete accident report book – This is applicable to accident at work claims.
- A police report – if relevant (e.g., for certain road traffic accidents).
You may also want to consider seeking out some legal advice on what steps you should take next.
Do not hesitate to contact our friendly team of advisors today if you have any questions about starting a personal injury claim for a fractured knee. They are available 24/7 and can offer you free legal advice.
Could I receive personal injury claims payouts for a broken kneecap in a road traffic accident?
To claim broken kneecap compensation for a road traffic accident, you would need to evidence that the accident was not your fault. There are a variety of ways in which you could be injured on the road, and you could claim compensation as a pedestrian, motorcyclist, passenger or motorists or any other road user if you could prove that another driver was at fault for your accident. You could even claim if you have been injured in a hit and run accident and the driver could not be traced. If you are wondering how common road traffic accident casualties are in the UK, we could look at the Department for Transport figures for 2020. It could be worth keeping in mind that during 2020 there were four months in which the UK faced national restrictions on transport due to the coronavirus pandemic. This could significantly have impacted the figures. Still as you can see below, there were a significant number of casualties during this period.
If you would like one of our specialist solicitors who is authorised and regulated by the Solicitors Regulation Authority to take on your claim on a no win no fee basis, we would be delighted to help.
Useful Links Relating To Personal Injury Claims Payouts For A Broken Kneecap
Here is some useful information that you may find helpful when deciding if you want to ask for a payout for a broken knee cap injury sustained in a workplace accident.
Knee Injury Claims – Our guide to other claims related to knee injuries including knee injury claim settlements for the UK as an alternative to a compensation calculator.
Building site injury claims – This guide is not just for those looking for a payout for a broken knee cap, it covers any type of building site injury.
NHS Knee Injury Guide – This guide from the NHS covers treatment options for knee injuries.
Learn about potential hip replacement compensation payouts with our helpful guide.
Thank you for reading our case study relating to personal injury claims payouts for a broken kneecap.