By Jo Anderson. Last Updated 14th November 2023. If you have suffered an injury to your knee, you may be wondering whether you could be eligible to make a personal injury claim and how much compensation you could receive. In order to have a valid case, you must prove that a relevant third party breached the duty of care they owed you.
Within this guide, we will discuss the eligibility criteria all knee injury claims need to meet, and the various scenarios where you are owed a duty of care. We will also share how knee injury compensation is calculated for successful personal injury claims, and how one of our No Win No Fee solicitors could help you with the claiming process. This guide will also provide information on how long you have to make a personal injury claim, and the evidence that could be used to help support your case.
If you would like to discuss your potential claim and receive free advice, you can contact our advisors. They can be reached by:
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- Average Compensation Payout For Knee Injury – Knee Injury Settlement Calculator
- Who Can Make A Knee Injury Compensation Claim?
- How Long Do I Have To Claim For Knee Injury Compensation Amounts?
- Proving Liability In A Personal Injury Claim
- No Win No Fee Compensation Claims
- Useful Links Relating To Knee Injury Claims And The Average Compensation Payout For A Knee Injury
You may be wondering ‘What is the average payout for a knee injury?’ Since compensation for every personal injury claim will differ depending on their circumstances, it may be more beneficial to know how compensation is calculated for successful cases.
Following a successful knee injury compensation claim, you will be awarded compensation for the pain and suffering your injury has caused you. This head of your claim is known as general damages.
When solicitors and other legal professionals are valuing your claim, they could refer to the Judicial College Guidelines (JCG) to help them. This text provides guideline compensation amounts for various injuries at different severities. In the table below, we have listed the entries relating to knee injuries from the 16th edition of the JCG.
Please only use this table as a guide.
The top entry does not feature in the JCG.
|Multiple injuries||A combination of injuries leading to pain and suffering and incurring financial losses and costs||Up to £100,000+|
|Knee Injury - Severe (i)||A serious knee injury such as the disruption of the joint, gross ligamentous damage and the development of osteoarthritis.||£69,730 to £96,210|
|Knee Injury - Severe (ii)||A leg fracture that has extended into the knee joint that causes constant pain with limited movement.||£52,120 to £69,730|
|Knee Injury - Severe (iii)||A less severe injury that result in a significant disability with pain, discomfort and limited movement.||£26,190 to £43,460|
|Knee Injury - Moderate (i)||A dislocation or torn cartilage or meniscus that results in a minor instability with weakness and wasting.||£14,840 to £26,190|
|Knee Injury - Moderate (ii)||Lacerations, twisting or bruising injuries. Or the acceleration/exacerbation of a pre-existing condition.||Up to £13,740
|Leg Injury - Severe (ii) Very Serious||Permanent mobility issues and the person will require crutches/mobility aids for the remainder of their life.||£54,830 to £87,890|
|Leg Injury - Severe (iii) Serious||A serious comminuted or compound fracture or joint damage that causes instability.||£39,200 to £54,830|
|Leg Injury - Severe (iv) Moderate||Multiple fractures or severe crush injuries. How much is awarded will be affected by various factors, such as the impact on employement.||£27,760 to £39,200|
You may also be awarded special damages as part of your knee injury compensation. This head of claim compensates you for the financial losses you have experienced due to your injury, and could include:
- A loss of earnings.
- Medical costs.
- Travel expenses.
- Care costs.
Providing evidence of these losses with payslips, invoices and bank statements could help support your case for special damages.
To receive a free valuation of your personal injury claim, you can contact our advisory team.
There are certain duties of care that people owe to you in daily life.
If a relevant third party breaches a duty of care they have towards you and your knee is injured as a result, you could be eligible to claim knee injury compensation.
Examples of duties of care to you could include:
- Employer to employee – Under the Health and Safety at Work etc. Act 1974, an employer could owe you a duty of care to protect you from reasonably foreseeable harm at work.
- Road user to road user – All road users must abide by the Road Traffic Act 1988, and refer to the rules and guidance in the Highway Code, to avoid causing avoidable harm to themselves and others.
- Occupier to a member of the public – Under the Occupiers’ Liability Act 1957, an occupier (controller of a public place) must take steps to ensure the premises are safe to use for their intended purpose.
These are just a few examples of duties of care that, if breached, could lead to knee injury claims.
However, this list is not exhaustive. To find out whether you can make a claim please contact an advisor. If you’d like to know what is the average payout for a knee injury, there is information further on in this guide.
Typically, most knee injury claims would have a limitation period of three years from the accident date. This is per the Limitation Act 1980. However, there are some exceptions to this.
Firstly, if a child under 18 is injured, they cannot start a claim until they are an adult. Effectively, the limitation period would pause until their 18th birthday. During the pause, a litigation friend could act on behalf of the child and bring a claim forward for them. Should no claim be made during the pause, the child could make their own claim once they turn 18, and they would have until their 21st birthday to do so.
A similar exception applies to those who do not have the mental capacity to make their own claims. In such cases, the limitation period would freeze indefinitely. Again, a litigation friend could act on the person’s behalf. If no claim is started for them and the person recovers this mental capacity, they could have three years from their recovery date to claim knee injury compensation.
Please contact an advisor to learn more about limitation periods when claiming compensation for a knee injury.
If you meet the relevant eligibility criteria to make a personal injury claim for your knee injury, you should collect evidence to help support your case. Evidence could help with proving who was liable for the accident and the injuries you suffered.
Some examples of the evidence that could be used to support knee injury claims include:
- A copy of your medical records confirming your knee injury and the treatment you have and will need for it.
- The contact details of anyone who witnesses your accident. They may be able to provide a statement about the incident at a later date.
- Photographs of the accident site.
- Any video footage that captured the accident, such as from a dashcam or CCTV.
If you contact our advisors today to discuss your claim, they may connect you with one of our solicitors. They could assist you with gathering evidence for your claim.
Personal injury claims are often carried out under what is called a No Win No Fee agreement. These are also sometimes known as Conditional Fee Agreements or CFA contracts. They are a special form of agreement between a solicitor and their clients. They are offered across the UK.
Making a No Win, No Fee agreement means that at the start of your claim you will not be charged any fees. You will also not have to make any payments during the case. The CFA agreement will set out what the solicitor will do for you what their fee structure will be in the event of winning your claim. This may be referred to as a success fee and is only payable if you are awarded damages. The fee can be deducted from this settlement.
In the event of the claim on a No Win No Fee basis not being successful, you will not have anything to pay. The biggest benefit of this type of claim is that there is no financial burden on the claimant, with the solicitor assuming all the risk.
People choose to work with Accident Claims UK for many different reasons. By choosing to do so, you will gain access to a wealth of legal knowledge and experience from a highly successful team. Contact Accident Claims UK today. Anyone can call us on 0800 073 8801. You can also send the details of your claim in an email to firstname.lastname@example.org. You can also start the process of making knee injury claims by using the form on this page.
Useful Links Relating To Knee Injury Claims And The Average Compensation Payout For A Knee Injury In The UK
Below, you can find some more links and resources on knee injury compensation claims:
- Sports Injuries: Sporting injuries are some of the most common causes of joint injuries or damage to the knee in some way. Find more information in this NHS guide.
- Knee Exercises for Runners: NHS advice for protecting your knees if you’re a runner.
- A Guide To Head Injury Compensation Claims – How Much Can I Claim?: Did you suffer a head injury due to a third party’s actions/inaction? Read our guide.
- How Much Compensation Could I Claim for a Shoulder Injury?: You may have suffered multiple injuries. Take a look at our guide to claiming shoulder injury.
- Cycling Accident Claims and Advice: Read about what you can do if you had an injury in a cycling accident caused by someone else.
- Elbow Injuries Claims Guide
- Child Accident Claims
Thank you for reading our guide to knee injury compensation and knee injury claims. Hopefully, you’ve now gained insight into average compensation payout for knee injury UK.