Knee Injury Claim
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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.
Personal Injury Law
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says 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 able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.