This guide provides an example case study for a scenario involving a £55,000 settlement for an accident victim suffering a kneecap fracture. It acts as a prototypical example of how that particular injury could result in a compensation amount within that range. Therefore, it may prove very useful if you have also suffered a fractured kneecap in an accident that wasn’t your fault. Personal injury lawyers would be able to handle your fractured knee compensation claim.
You can get in touch with our advisors by calling us at any time on 0800 408 7825. Alternatively, you could use our Live Chat, with our experts being able to answer messages 24 hours a day. Or you could complete our contact form by clicking here, allowing you to provide further detail to your enquiry.
If you wish to read this guide, the headings below will allow you to visit any of the 12 sections.
Choose A Section
- A Guide To Calculate Fractured Knee Compensation
- What Is A Knee Fracture?
- Financial Loss From Knee Fractures
- Common Knee Fracture Accidents
- You Could Receive A Care Claim
- Calculating Kneecap Fracture Compensation Estimates
- Case Study: £55,000 Kneecap Fractured Settlements
- Kneecap Fracture Compensation Estimates
- No Win No Fees Agreements
- Quality Personal Injury Solicitors Outside Your Area
- Call Our Team
- Additional Links
This guide is covering the differences between general and special damages, as these would make up your fractured knee compensation claim. We also discuss the benefits of No Win No Fee, and why compensation calculators aren’t all that they may seem.
We also want to remind you about the personal injury claims time limit. There is a 3-year window to file a claim. And this applies to the date you were first injured or the date when you first learned of your injury being the fault of a third party. Crucially, the injury has to be the result of a third party’s negligence and they must have owed you a duty of care, which we will expand upon shortly. We’re able to answer any questions that you may have regarding the personal injury claims time limit.
The technical term for the kneecap is the patella. This is the bone that sits at the very front of your knee. It essentially acts as a protective shield for the knee joint as a whole. Which is why a fracture of the kneecap can prove to be very disruptive and painful. Indeed, a patella fracture would make it very difficult, if not impossible, for you to walk and run. Also, a kneecap fracture could make it tough to simply straighten your knee while in a sitting position. It often occurs after falling directly onto your knee or with the kneecap absorbing another sudden impact. Symptoms include the kneecap changing shape or direction, swelling and significant pain that limits the knee’s range of movement.
The recovery time for a fractured patella would depend on the severity of the injury. It could be that simply wearing a cast or a splint would allow the kneecap to fully heal. But for a serious fracture, surgery would be the recommendation, as the bone moves out of place in this scenario. And given the knee’s importance for your mobility, further damage could be done without an operation to fix it. The recovery time could also vary; for a simple fracture, the patella would heal within 12 weeks. In a severe case, it would be 3-6 months before the swelling subsides. And it could take up to a full year for a complete recovery. Speak to us for more guidance.
Once you’re unable to work due to your fractured kneecap, it would severely impact your ability to earn money. And as a result, you would have to take unpaid sick pay, which could mean a significant loss of earnings until you fully heal. Let’s not also forget the potential costs for medication, as well as the requirement for frequent hospital visits. And then factor in potential professional nursing care, as well as physiotherapy to strengthen your knee to 100% once again. It all means that you could potentially encounter a major financial loss. But that’s why filing a fractured knee compensation claim could allow you to become financially stable once again. Our friendly team is here to help you if you require further details.
To claim negligence after an accident which left you with a kneecap fracture, you would have to prove that:
- A third party was required to provide you with a duty of care;
- However, this was breached, and this led to an accident taking place;
- And that accident caused you to suffer a serious injury, such as a fractured kneecap.
Now, a breach of duty could happen in one of three typical scenarios, which we are now covering. They are employer’s liability (EL), public liability (PL) and a road traffic accident (RTA).
The Health and Safety at Work etc. Act 1974 states the employer’s responsibility to ensure a safe working environment for all employees. Workplace accidents via a breach of duty could lead to the employee making a work injury claim. An accident at work that leads to a fractured knee at work claim could be a colleague accidentally striking your knee while moving a pallet. As long as you have evidence of negligence causing the injury, you may be able to claim fractured knee compensation.
A public injury claim could be the outcome of an accident in public place caused by the occupier allowing the space to fall into disrepair. The Occupiers’ Liability Act 1957 aims to prevent accidents in a public place by ensuring the wellbeing of any visitors. So, the occupier or operator of the land would be the defendant of any public accident claim if you’re injured in a public place due to a breach in the duty of care owed to you. A scenario here could be that you trip over a hazardous surface and fracture your knee upon landing. If this results in you filing a public liability claim, then public liability insurance could become a major factor.
As for road traffic accidents, the Highway Code states the duty of care for road users. That applies to all drivers, along with vulnerable road users like pedestrians and cyclists. If a motorist knocks a cyclist off their bike while overtaking them, and the cyclist fractures their knee, they could file a claim. Also, don’t rule out a multiple injury claim if a knee fracture is only one of multiple injuries that you suffer.
Contact us if you need guidance on how to identify a duty of care breach for your compensation claim.
A care claim consists of any assistance you receive purely because of your injury. Bear in mind that you wouldn’t be paying for the likes of a nurse or a carer if you weren’t incapacitated. Nor would you require the gracious care of family and friends on a regular basis. And these have a price in terms of money, time and effort for all who contribute. Therefore, you could account for this as part of your compensation for your fractured knee. Our Live Chat can answer your queries about what may or may not be eligible to include in a care claim.
An independent medical evaluation would have an influence on your potential compensation payout. It’s this medical check which allows a doctor to provide a full physical examination, as well as asking key questions pertaining to your injury. This, in turn, helps to establish that the accident was the clear cause of your knee fracture. What’s more, receiving a projected recovery timeline during this assessment confirms how long you may have to miss work. These key findings would then help your personal injury solicitor to build your claim.
And so you would then receive an accurate estimate of what you might receive in compensation for your fractured knee. This would split into general damages and special damages. General damages relate to the injury itself; the pain involved, the suffering endured, and the resultant impact on your life. Special damages, however, handle all other financial issues that are a direct result of your knee fracture. We’re talking about the amount of money you’ve lost by being unable to work. And we’re also considering medical expenses, public transport usage, physiotherapy and more. Crucially, you would need to have receipts and invoices to prove the secondary expenditure in order to claim it back. Find out more by speaking with our knowledgeable team.
Mrs Poulson was simply heading out to her favourite supermarket for a shopping trip. She enjoyed being able to complete the weekly shop for her family. It was also a way to stock up ahead of the forthcoming Christmas break. Mrs Poulson worked as a hotel manager in her hometown of Lincoln, so she was also mindful of the upcoming busy period that her role would entail.
But Mrs Poulson’s fate would alter due to an unforeseen accident. When she entered the supermarket, she headed towards the fruit and vegetable aisle. However, a store assistant was pushing a pallet of items towards the stockroom. The two would meet as they came to the corner of the first aisle. But the employee had a greater line of vision, yet they didn’t consider the impact of what happened next.
As the two crossed paths, the employee accidentally drove his pallet straight towards the left knee of Mrs Poulson. Immediately, she fell to the ground and was unable to get up. Her husband, who was with her at the time, called for help from the employee and his colleagues. The first aid team also came over to provide assistance, but Mrs Poulson was in tremendous pain. So much so that she could not get to her feet. She did notice, though, that her left knee was facing in an unusual direction, and was severely bruised and bleeding.
Mrs Poulson was taken to hospital, where she was evaluated. After extensive checks, her doctor explained that she had suffered a severely fractured patella, which would require surgery. Mrs Poulson was devastated, realising the impact this would have upon her. But there was no alternative if she wished to have the quickest possible recovery.
After a lengthy operation which included complications, Mrs Poulson recuperated at hospital before being sent home for the remainder of her recovery. Her husband hired a nurse to take care of his wife as she convalesced at home. Meanwhile, it was only after eight weeks that she was even able to begin a physiotherapy programme. Mrs Poulson was advised to return to work three months after her surgery, but to be very cautious. Over time, her knee slowly began to heal, but she still dealt with great pain and limited mobility. It would be around a full year before she truly felt like her knee was back to normal.
But by this point, Mrs Poulson felt wary of leaving her house for anything other than work. Because the accident was so avoidable and yet it still occurred, she was frightened of a repeat incident. This also meant the family changing their shopping habits to avoid attending their once-favourite supermarket. In the meantime, though, she counted the cost of her absence from work, and it was significant. What’s more, the family had been unable to enjoy the Christmas festivities due to her hospitalisation.
After seeking legal advice, Mrs Poulson filed a compensation claim against the supermarket. She received £55,000 as an out-of-court fractured knee compensation settlement. This included £40,000 in general damages and £15,000 in special damages.
|Type Of Special Damages
|Costs of lost earnings as a result of the injury due to 6 months away from work
|Sustained professional rehabilitation costs to assist with her full recovery
|Costs of professional nursing care during her recuperation
|Costs of using public transport to & from the hospital for monthly check-ups
The case of Mrs Poulson is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
Online personal injury claims calculators provide general estimates for various injuries. But everybody’s situation is not similar; in fact, there are often factors that differentiate how the same injury affects each victim. Whether it be an abruptly-ended sports career or a huge home care expenses, the fallout could greatly vary between those suffering this injury. But that’s why we focus instead on getting to know you. We want to know exactly how you’ve been affected and how much the fracture might impact you in the future. We’re then able to give you the most accurate estimate possible for your fractured knee compensation based on your own unique circumstances. And as a courtesy, this service is free, even if you decide not to file a claim against those responsible. Talk to our specialist team today, and we could then begin discussing this topic with you.
No Win No Fee provides reassurance when you agree to work with a personal injury solicitor. As the term implies, you don’t pay any legal fees to your personal injury solicitor if your case loses. Knowing that you only pay legal costs to your solicitor in the form of a success fee, which is capped by law, in the event that you win your case could be the difference between you receiving legal help with your case or not.
Use our Live Chat if you want to discuss No Win No Fee with us in further depth.
Our nationwide service allows you to look beyond your area if you’re claiming to receive compensation for your fractured knee. The qualities you should prioritise when looking for the best legal representation possible would include:
- A track record of successful cases for your specific injury;
- Clear, consistent and quick communication with clients;
- Credible qualifications for their personal injury solicitors;
- And positive reviews based on past scenarios of claimants receiving the highest compensation payouts possible.
All of these are important points to factor into your decision. And our panel of personal injury solicitors meet these requirements, as well as offering expertise and guidance throughout your case. Get in touch with our friendly team to find out more about why we’re right for you.
To find out everything that you need to know about claiming compensation for your fractured knee, you can:
- Call our knowledgeable team on 0800 408 7825;
- Speak to an advisor instantly via our Live Chat support;
- Or simply complete our contact form and one of our specialists will get back to you.
Once again, we remind you that there is no obligation to proceed with your claim after getting in touch with us.
Visit our home page for any extra guidance that you may require.
Click here to find out about public accident hot spots.
The NHS has a full breakdown of knee pain injuries.
They also have advice on maintaining strong bones to reduce the possibility of fractures.
And you can click here to find out about all of their services.
Article by AR