How To Make A Knee Injury Claim

If you suffer a knee injury as the result of third party negligence, you may be eligible to start a claim for compensation. In this guide, we’ll explain the different scenarios in which you might be able to claim and the potential compensation amounts that could be awarded.

Knee injury claims guide

Knee injury claims guide

If you have more questions about making a personal injury claim or would like to start the process of claiming today, contact our team of expert advisors today by:

  • Using the live chat feature at the side of the screen
  • Writing to us through our online form
  • Calling us using the number at the top of the screen

Choose A Section

  1. Can I Get Compensation For A Knee Injury?
  2. Ways That You Could Hurt Your Knee
  3. Proving The Negligence Of A Third Party For A Claim
  4. How Much Could I Receive For A Knee Injury?
  5. What Are No Win No Fee Agreements?
  6. Additional Information About Knee Injury Claims

Can I Get Compensation For A Knee Injury?

Not every knee injury will form the basis of a successful claim. To pursue compensation, you must be able to prove third-party negligence. This means you must have proof that:

  1. A third party owed you a duty of care
  2. This duty of care was breached
  3. Your injury came about as a result of this breach

These criteria apply to all types of personal injury claims, including:

Duty of Care

There are different pieces of legislation that outline the duty of care you’re owed in various scenarios. For example, an employer’s duty of care to their employees is detailed in the Health and Safety at Work etc. Act 1974 (HASAWA). Your employer should take all reasonably practicable steps to reduce the risk of a workplace accident occurring.

Likewise, each road user’s duty of care is detailed in the Road Traffic Act 1988 and the expectations on how road users should act can be found in the Highway Code. The Occupiers’ Liability Act 1957 outlines the duty of care that those in control of public spaces have towards those that use them. This includes businesses like shops and restaurants and could also include spaces maintained by the local council. 

A breach in duty of care could result in a knee injury. For example, if you slip on a spillage in a supermarket that had no wet floor sign and was not cleaned up within an appropriate timeframe, you may be able to make a public liability claim against the responsible party. Or, if your knee was injured due to being rear-ended by another car at a traffic light because of negligence, you could make a road traffic accident claim. 

For more information on whether you are eligible to receive compensation, get in touch with our advisors today. If your claim is valid, you could be connected with a No Win No Fee solicitor from our panel.

Statistics For Knee Injuries

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) outlines the types of workplace injuries that employers must report to the Health and Safety Executive (HSE). 

In the year 2020/2021, reports made under RIDDOR and published by HSE indicated that 14,938 non-fatal injuries were sustained by employees to the lower limbs. Of these, 6,245 were to lower limb locations that could include the knee. 

Ways That You Could Hurt Your Knee

There are a number of different ways that third-party negligence can lead to a knee injury. Here are some examples of injuries that could entitle the injured party to make a claim:

  • Rear-end car accident: If your car is rear-ended at a traffic light, causing crush injuries to your knee, you could be eligible to make a road traffic accident claim. This is because part of a road user’s duty of care is maintaining a safe stopping distance from the vehicle in front.
  • Slips, trips, and falls: The Occupier’s Liability Act 1957 outlines the duty of care owed to you in public places, such as a supermarket or a gym. If you slip or fall on a spill that was not cleaned up or signposted in a reasonable timeframe and fracture your knee, you could be eligible to make a public liability claim.  
  • Manual handling incidents: While you’re at work, your employer owes you a duty of care under the HASAWA. If you were made to lift or carry something that is too heavy, or you’re asked to undertake this kind of role without the proper training, you could be eligible to claim compensation if you injure your knee as a result. 

If you’d like to learn more about the duty of care you’re owed in different scenarios, our team of advisors are here to help. Simply give them a call for free legal advice about the process of claiming. 

Proving The Negligence Of A Third Party For A Claim

You must be able to prove that the negligence of a third party led to you being injured in order to make a successful knee injury claim. Because of this, it’s a good idea to start collecting evidence as soon as you can to show how the accident happened. If you choose to work with a solicitor, this is something they may be able to help with.

Some examples of evidence you could use to prove a personal injury claim include:

  1. Medical records: Seeking medical attention for your injury ensures that you get the help you need, but it can also be helpful in your claim. Any records made by a medical professional can be used as evidence.
  2. CCTV footage: If the site of your injury was equipped with CCTV, you can request the footage. For example, the circumstances leading to your accident may be captured on footage from a workplace security system, supermarket CCTV or dashcam footage.
  3. Witness statements: You can speak with people who might have witnessed your accident and take their contact details so that statements can be taken at a later date.
  4. Get legal advice: There’s no requirement for you to have a solicitor work on your behalf when making a claim. However, their advice and guidance may be useful in the process of claiming. 

 For more information on how a No Win No Fee solicitor can help you gather evidence for your claim, get in touch with us today.

How Much Could I Receive For A Knee Injury?

If your personal injury claim is successful, you will receive general damages. This head of your claim covers the suffering or pain associated with your injury. 

Compensation amounts for personal injury claims are worked out on a case-by-case basis, with help from a document called the Judicial College Guidelines (JCG). This document provides a list of common injuries alongside guideline compensation brackets.

We’ve compiled some examples of knee-related injuries and their JCG compensation brackets in the table below. These injuries can range from relatively minor to more serious injuries. 

Injury TypeCompensation BracketNotes
Loss of Both Legs£225,960 to £264,650Where both legs are amputated above the knee, or one leg above the knee to a high level and the other below the knee.
Above-knee Amputation of One Leg£98,380 to £129,010Consideration will be given to the level of amputation, persistence of phantom pains, psychological effects, success of prosthetics, and other symptoms.
Severe Leg Injuries (i) £90,320 to £127,530These injuries will be the most severe short of amputation. May include fractures that have not united and extensive bone grafts have been required.
Severe Leg Injuries (ii) £51,460 to £85,600Where further surgery is required because of arthritis developing in a joint.
Severe Knee Injuries (i)£65,440 to £90,290Injuries that include joint disruption, risk or development of osteoarthritis, ligamentous damage, and loss of function. Consideration is also given to recovery and treatment time.
Severe Knee Injuries (ii)£48,920 to £65,440Leg fractures that extend into the knee joint to cause constant pain, limiting movement and/or agility
Moderate Knee Injuries (i)£13,920 to £24,580Injuries involving the tearing of cartilage or meniscus or the dislocation of the joint, resulting in minor instability, or other future disability of a mild nature
Moderate Knee Injuries (ii)Up to £12,900Injuries similar to those above, but also including lacerations, burns, twisting, or bruising.
Moderate Leg Injuries £26,050 to £36,790Joint movement may be limited and there may be instability in the knee.

You might also be eligible to claim special damages as part of your knee injury claim. They can cover any financial losses you might experience due to your injury.

For example, if you need special equipment like a stairlift fitted to your home, or if you need to travel to hospital appointments, this can be covered in the special damages head of your claim. You will need to provide proof of financial losses. For example, you can use receipts and invoices to show the money you have spent, as well as payslips to demonstrate a loss of earnings. 

What Are No Win No Fee Agreements?

You do not have to hire legal representation; however, the help of a solicitor can make the process feel less stressful. A No Win No Fee agreement is a good way to fund legal representation. This is because you only pay your lawyer if your claim is successful.

When you enter into a No Win No Fee agreement, your solicitor will negotiate a success fee with you. This amount is capped by law to ensure you get the majority of your compensation.  If your claim succeeds, this fee will be deducted from your compensation award. 

However, if your claim fails, you will not have to pay any fees to your solicitor. There’s also nothing to pay upfront or as they’re working on your claim. 

Get in touch with our advisors today to find out whether you could be represented by a solicitor from our panel. 

Start A Knee Injury Claim Today

Our advisors are available to give you free legal advice and help you start your knee injury claim today. Get in touch by:

  • Using the live chat feature at the side of the screen
  • Writing to us through our online form
  • Calling us using the number at the top of the screen

Additional Information About Knee Injury Claims

You may wish to learn more about the various scenarios in which you could make a claim. If so, you can find more information using our guides below:

We’ve also included some more useful resources below: :

If you have any more questions about making a knee injury claim, get in touch with our team.