Knee Injury Claim in Derbyshire
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Knee injury can take a number of forms, but all can be highly incapacitating. Injury mostly occurs to the ligaments around the knee, which may be stretched or even torn, so the parts of the knee are not supported or kept in place. The knee is a complicated joint, having to carry the whole weight of the body, so it's highly susceptible to injury.
Types of knee injury
One of the most common knee injuries is damage to the anterior cruciate ligament. This supports the knee and is susceptible to twisting and being pulled in an unnatural direction. It happens mostly in sports.
Posterior cruciate ligament injuries most commonly occur in road accidents. Sudden impact can tear the ligament, displacing the shin bone.
Meniscus injuries involve damage to the plates of cartilage which cushion the ends of the shin bones, carrying the weight of the body. The most common cause is wrenching the knee while a person's full weight is upon it, such as a heavy football tackle.
Collateral ligaments are vulnerable to stretching if the side of the knee is kicked, or twisting even if no weight is on the knee. These injuries are generally less severe than cruciate ligament injury as the knee may still remain stable.
Can I claim compensation for knee injury?
People often think that if an injury occurs while playing sports, there is nothing they can do. This is simply not true. If the sport is supervised, there may well be a duty of care on the part of the organisers. Even during informal recreational games, the law expects people to behave responsibly and not inflict injury on others. Damage awards for a knee injury vary greatly according to the degree and duration of disability, but can be up to £50,000.
Damages Award for Injury in Derbyshire
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.