Knees are crucial to mobility and the smooth function of the legs. Unfortunately, knee injuries are very common, particularly among those who have been involved in car accidents, motorcycle accidents or slips, trips and falls.
The knee is a very complex joint in the body and there is a wide degree of variance in the types of knee injury sustained by personal injury claimants. For example, although damaged kneecaps are very common among front-seat car accident claimants, knee sprains and dislocations are common among the victims of slips, trips and falls.
Furthermore, those who work in labour intensive manual occupational fields such as construction and warehouse management may sustain overuse type injuries such as chondromalacia patella.
How we can help
- Knee strains
- Knee sprains
- Knee bursitis
- Meniscus tears
- Knee dislocations
- Knee fractures
- RSI and overuse knee injuries
Knee injuries can be debilitating and can greatly reduce a person's capacity to work, to enjoy sport and even to perform basic tasks such as walking, climbing stairs or lifting heavy objects.
The level of long-term disability is the crucial factor in determining the right level of compensation for a knee injury claimant. For example, relatively minor knee injuries are likely to be settled for up to £10,000, moderate injuries for up to £20,000, serious injuries for up to £34,000, severe injuries for up to £54,000 and very severe injuries for up to £75,000.
The cases below provide useful guidance on the kinds of sums courts deem appropriate in the settling of knee injury claims.
R (A Child) –v- Coventry City Council 2011
The claimant was a seven year old school pupil who suffered bruising to his lower leg with an associated haematoma to his right knee after his leg became trapped between the rungs on an aluminium seat that he had been walking on in a play park. An ambulance was calling and treatment was given at the scene. Some two months after the accident the claimant’s right knee continued to be red and inflamed. The claimant was prescribed antibiotics. Four months after the accident the haematoma had cleared leaving a small swelling on the knee. The swelling was of no functional significance and a full recovery was made. Compensation awarded for pain and suffering - £1,634.89
Brock –v- Rochdale Metropolitan Borough Council 2009
The claimant was a 32 year old female who suffered a partial tear of the anterior cruciate ligament and lacerations to the front of her kneecap after she caught her foot on the edge of a raised concrete storm drain falling forwards on to her left knee. The claimant attended upon hospital where steristrips were applied and physiotherapy recommended. An arthroscopy was undertaken 11 months after the accident which revealed a partial tear of the anterior cruciate ligament. The injury had left the claimant with a residual disability comprising muscle weakness and pain. It was assessed that there would be ongoing low-grade intermittent non-disabling symptoms into the future which, whilst gradually improving, would remain indefinitely. It was anticipated that the claimant would be able to return to her past time of horse-riding after five years from the date of the accident. Compensation awarded for pain and suffering - £10,199.19
Grace –v- Stagecoach 2000
A 38 year old female was injured whilst travelling as a standing passenger on a bus when it pulled away sharply with a sudden jolt, causing her left leg to be jerked forwards and back. She sustained an osteochondral fracture of her left knee, and there was localised damage to the medial femural condyle. The claimant remained troubled by a constant gnawing pain in the left knee, which was worse in cold or wet weather. The knee swelled up most days, clicked intermittently and gave way once or twice a week. Her walking distance was limited and she could not run. She suffered a sharp pain in the joint when weight bearing, turning or twisting. Housework aggravated the pain. There was a possibility of knee replacement and knee revision. The claimant intended on returning to work as a care escort. Compensation awarded for pain and suffering - £48,622.44
Nicholls –v-Yorkshire Water Services 1998
A 25 year old female tripped on an uncovered stop tap in a grass verge near her home and fell fracturing the tibial plateau of her left knee. She was in hospital for 10 days and had a full leg plaster for eight weeks. She suffered continuing moderate to severe symptoms, which slowly became worse. The claimant went on to develop osteo-arthritis and worsening symptoms, and it was thought to be probable that major reconstructive or joint replacement surgery would be necessary after a period of approximately 10 years. Six months after the accident the claimant developed psoriasis, as a consequence of the stress caused by her injury and treatment, which over several weeks spread to cover most of her head and body. The initial acute attack was so severe that she was immediately admitted to hospital for approximately three weeks, after which she was discharged with minor healing lesions. Thereafter psoriasis continued to trouble her but to a lesser degree.
The prognosis was that once triggered the psoriasis was never likely to be completely cured and the claimant would continue to be troubled by it, to some degree indefinitely. Five years after the accident, her typical appearance included reddening of the cheeks and chin with occasional papules and pustules, described as a marked and obvious cosmetic deformity. Other areas were variously affected by a rash including areas of her scalp, stomach, breasts and back. The judge accepted that the knee injury and skin condition were discrete injuries with virtually no overlap so far as damages was concerned. In winter when the weather was poor the claimant had pain in her left leg. In the summer as her arthritis improved her psoriasis was aggravated and she could not go in the sun. Compensation awarded for pain and suffering - £57,503.48
Remember, these cases are only a guide. The amount that you are awarded for your pain and suffering will depend on your particular injuries, how they have affected you and your recovery from them.
Thompsons Solicitors – the nation's leading firm
Thompsons Solicitors are recognised as Scotland's leading personal injury solicitors and have more accredited personal injury specialists than any other firm.
The knee is one of the most crucial and most vulnerable parts of the body. If yours has been injured as a result of another's negligence, whether or on the roads, in the workplace or elsewhere, and you have had to take time off work, have incurred medical fees and have lost the ability to perform tasks which were part of your life previously, you may be able to claim compensation for your losses.
To speak with Thompsons Solicitors today, call 0800 0891 331.