Dislocated kneecap compensation
By Megan Webster. Last Updated 25th January 2023. Kneecap dislocations can be some of the most painful injuries, not only can they cause mobility problems but due to the pain and loss of amenity work, social life and family life all may suffer. If you have suffered a dislocated kneecap due to a third party that owed you a duty of care acting negligently you could potentially make a claim for compensation.
Using an example case study, we examine who may have had a duty of care to you, how it may have been breached, and what evidence you would need to support your claim. We discuss the advantages of using No Win No Fee lawyers to help you claim and discuss the two types of damages in your compensation settlement that can greatly improve the final payout.
We provide links and further information throughout this article and if at any point you have a question or want more information, you can call our team direct on 0800 408 7825. You can also email us at Public Interest Lawyers and benefit from the knowledge of our advisors.
Select a Section
- A Guide To Calculating Compensation For A Dislocated Kneecap
- What Is A Dislocated Kneecap?
- More About Financial Issues
- Accidents Causing Dislocated Kneecaps
- Dislocated Knee – Evidence You’ll Need To Claim
- Who Can Receive Specialist Settlement Calculations?
- Case Study: £22,000 Compensation For A Dislocated Kneecap
- Settlement Estimates For Victims Are Free
- No Win No Fee Or CFA
- Where Are Top Personal Injury Solicitors?
- Talk With Us
- More Resources
A Guide To Calculating Compensation For A Dislocated Kneecap
In this online guide we are going to concentrate on three main areas of liability:
- Workplace accidents (employer’s liability)
- Accidents in public places (public liability/occupiers liability)
- Road traffic accidents (RTA’s)
If you were injured in one of these locations and you feel that your accident only happened because of the carelessness of others, you could be owed compensation. To help clarify this, it’s important to ask yourself three questions at the start of your claim:
- Who had the legal ‘duty of care’ to me in that environment?
- How was it breached?
- Did that breach directly result in my injuries?
If the answer is yes, you can speak to us now about launching a dislocation kneecap claim. Our team can discuss your case with no-obligation to proceed and explain how a No Win No Fee lawyer could help you to properly value the amount of compensation you might receive.
We don’t use online compensation ‘calculators’ as they can often over or under-value the potential damages by missing vital aspects of your case. When you speak to a personal injury lawyer directly, you can be safe in the knowledge that everything that impacted you that day is being taken into account.
What Is A Dislocated Kneecap?
A dislocated kneecap or patella is when the kneecap comes out of position. Usually, it will glide when the leg is moving, when it is dislocated it comes out of joint and the gliding movement is disrupted. It can cause severe pain and discomfort, you may hear a popping noise at it comes out and you may be unable to straighten the leg.
Below we are going to examine three areas where a duty of care is applied however if breached and consequently causes someone an injury could lead to a compensation claim;
The Health And Safety At Work etc Act 1974 places a duty of care on employers to provide an environment that is as safe as can possible be. Employers are obliged to create the safest work environment for everyone by providing information, training, and proper on-site maintenance at all times. If you injured your knee at work, it is vital whether or not you are making a claim to report it and have it logged in the accident book.
The Occupiers’ Liability Act 1957 asks for a similar level of safety to be adhered to in any location that is accessible to the general public. Local authorities and private operators are expected to create hazard-free areas as much as they can, and if your accident happened in a location where you are unsure who was responsible, speak to our team for guidance.
The Highway Code is a set of guidelines that asks road users to demonstrate a duty of care to each other. Regardless of age or experience, anyone who uses the roads is asked to show a standard of due care and diligence at all times. It also urges that other motorists should drive with the expectation that some drivers may not demonstrate that required care.
Dislocated Kneecap – What Are The Symptoms?
Also known as the patella, a kneecap may be injured during dancing or sports. A displaced patella usually takes up to six weeks to heal.
According to the NHS, symptoms of a dislocated kneecap include:
- A sensation that feels like your knee is popping
- Significant knee pain
- The inability to straighten your knee
- Your knee suddenly swelling
- Finding yourself unable to walk
The NHS advises getting checked by a medical professional following a knee injury. You may need to consider visiting a hospital. If your kneecap goes back into place itself, it’s recommended you still visit your nearest urgent treatment centre.
Following a dislocated kneecap, the pain level may be serious. If you suffer harm or loss as a result of your injury, get in touch with our advisors to find out if you could claim.
Accidents Causing Dislocated Kneecaps
Our example case study focuses on someone who dislocated their knee in a supermarket but an accident like this could happen in many different scenarios. Statistics showed that during 2019/20 693,000 people recorded an injury at work with road traffic injury statistics just as alarming. And it is quite possible that a dislocated knee could happen either in an accident at work or a road traffic accident. Other hot spots for dislocated knee damage could be:
- Slipping or tripping and landing on your knee badly
- Falling down unmarked or poorly lit stairs
- During a road traffic accident
- Being knocked from your bike or as a pedestrian
- During an assault or as the victim of a crime
- Falling from any height
- Trapping the knee in between something heavy
This list is by no means is exhaustive and if you suffered a serious injury to your knee in any scenario that should not have happened, speak to our team today about launching a negligence case. You could be owed compensation in a dislocated kneecap claim.
Dislocated Knee – Evidence You’ll Need To Claim
When making a personal injury claim for a dislocated kneecap, you need to prove that your injury was caused by someone else breaching their duty of care. This is why evidence is crucial for proving liability in your claim. Some of the evidence you could collect to help support your claim include:
- Any videos, photographs, or CCTV footage of the accident.
- Eyewitness’ contact details.
- A completed accident report book (applicable to accident at work claims).
- Medical evidence – you will need to provide medical evidence about your dislocated knee in order to claim general damages.
- Evidence of your financial losses – For example, you may have suffered a loss of earnings due to having to take time off work for a dislocated knee. Bank statements, payslips, receipts, and invoices could all be used as evidence.
Contact our advisors today to receive free legal advice regarding your specific claim. They could also answer any question you may have about making a personal injury claim.
Who Can Receive Specialist Settlement Calculations?
A medical assessment is a central part of your dislocated kneecap claim. It’s a chance for a medical professional to confirm that your injuries were directly caused by the accident that day and not part of a long-standing or prior condition. This is compelling evidence and gives your lawyer the evidence needed to seek the two types of damages that make up your potential payout.
General damages are compensation to cover pain and suffering and The Judicial College provides guidelines for solicitors. In their guidelines, they give figures for a panoply of injuries but they are intended and suggestions only. They estimate potential amounts for moderate knee injuries of between £13,920 – £24,380.
Special damages seek to restore your finances to where they were before the accident. Their aim is to ensure that you do not suffer twice for something that was not your fault and can incorporate many potential costs. Some examples are:
- Loss of earnings from your job or occupation
- Lost work opportunities in the future
- Travel costs to and from hospital appointments
- Carer costs of the ‘gracious care’ as mentioned
- Missed special occasions, holidays, or anything that lost you a deposit
- Reconstructive or cosmetic surgery costs
- Counselling or therapy for the trauma
If you think you have grounds to start a dislocated kneecap claim because of an accident in the workplace, on the roads or in a public place, speak to our team today. The more information you can give, the better as your case will be evaluated.
Case Study: £22,000 Compensation For A Dislocated Kneecap
Mr Blake liked to his shopping every Wednesday. He was a retired gentleman. He lived at home with his wife. He set out for the shops with his shopping bags. The walk was not too long as he only lived a short distance from the supermarket.
As he approached the drinks aisle he had not realised that something had been spilt as there were no warning signs anywhere to be seen. Mr Blake had a very nasty fall as he fell on to his left knee. An ambulance was called and witness statements were offered by concerned shoppers. Mr Blake was told by the doctors that he had suffered a severe knee dislocation and would need to remain in the hospital. The doctor has explained that this could cause him issues with his mobility in the future.
After talking the event over with his wife and son, Mr Blake decided to pursue a compensation claim. He made contact with a No Win No Fee solicitor who had obtained the CCTV footage. On investigation into the incident, the solicitor found that the spillage had been there some time and should have been attended to more quickly. Mr Blake felt understandably aggrieved about this as it was very painful and greatly diminished the quality of his life.
He also found that he needed professional help just to wash and function as his wife was too elderly to undertake every domestic task alone. They had to pay for this with money taken directly from their pension and savings.
Mr Blake was ultimately awarded £22,000 in special and general damages.
This case is purely an example but it demonstrates the sort of circumstances in which others could potentially claim for a personal injury. Speak to our friendly team to see how we could help you today.
Settlement Estimates For Victims Are Free
Compensation amounts are never guaranteed and every case is different, but if you suffered personal injury in an accident you feel could have been avoided had the correct level of care been in place, you may be able to win a compensation breakdown similar to this:
| General damages | Special damages |
|---|---|
| Mr Blake was awarded £20,000 for pain and suffering. | Retired, Mr Blake had no loss of earnings |
| A professional carer £1,000 | |
| He needed physiotherapy to strengthen his knee again – £500 |
|
| Travel costs to hospital visits – taxi costs £500 |
No Win No Fee Or CFA
You may be familiar with the expression No Win No Fee solicitors or CFA’s (Conditional Fee Agreements) as they are also known. As the name suggests, the fee is conditional on your case winning but there are many other benefits that make them the natural choice for people seeking compensation.
- No fees to pay upfront
- Nothing to pay while your case is ongoing
- Nothing to pay if your case does not win
- If your case succeeds, there’s a small fee to pay your solicitor which is capped low by law to ensure that you receive the bulk of the payout
- This fee is only payable after you receive the compensation
- You receive expert legal advice and support throughout your case
Many people are daunted by the prospect of launching a negligence claim against work, private operators, or other road users. They worry that it will be expensive or take months to settle. No Win No Fee solicitors provide a service that takes away some of the financial stress as there are no fees to pay the solicitor if the case does not win.
Where Are Top Personal Injury Solicitors?
For many people, making the decision to launch a dislocated kneecap claim would take them to an internet search for No Win No Fee lawyers. This would generate thousands of search results and whilst reading the company reviews can help, it may not help in narrowing your search. How quickly can they settle claims? What is client communication like? Are they an experienced company? All of these questions are important.
This is where we can help. Our panel of personal injury solicitors offers a nationwide service. They have the knowledge along with the years of experience in filing successful personal injury claims to be able to represent any claim for compensation. It’s no longer important that the lawyer is close to where you live and this freedom drastically opens up your options and chance of success for your case.
Talk With Us
We hope that you’ve found this guide useful and it helped in your decision to start your dislocated kneecap claim. If you’re ready to proceed or would just like further information on any of the matters we’ve discussed, getting in touch is easy. You can:
- Call us direct on 0800 408 7825
- Drop us a line at Public Interest Lawyers
- Speak to our ‘live support’ portal, bottom right
More Resources
For further reading on public transport accidents, please read here
For information on claims against the council, please read here
For further reading on accident hot spots, please read here
More government statistical information on workplace accidents, please read here
More information on treatment and prognosis for knee injuries, please read here
For advice on using NHS services, please read here
Article by EA
Publisher EC.