Fractured Patella Compensation Claims In The UK
By Lewis Aaliyah. Last Updated 15th November 2022. Have you been in an accident that was caused by someone else’s negligence? Did it result in a fractured patella? If so, you could claim fractured patella compensation. The patella, also known as the kneecap, can be fractured in a few different ways. A broken patella can be sustained in scenarios such as a road traffic accident, an accident at work, or even a slip, trip or fall. The latter could be in a public place, or even also in the workplace. In this article, we’ll be covering the subject at length. We’ll also be going over the process of making personal injury claims for a broken patella.
The procedure need not be so intimidating. We’ll be clearing up the process for you, making it as easy as possible to understand. If you have any questions at any point, then get in touch with our advisors. We are here to help and offer free advice and guidance regarding your claim. The more we know about the circumstances surrounding your claim, the more accurately we will be able to help you. If you’re deemed to have a valid claim, then we could connect you with an experienced personal injury solicitor from our panel. They work with all of their clients on a No Win No Fee basis. Read on for more information. Below, you’ll also find out contact details.
Get In Touch With Our Team
There are a number of ways you can reach us.
- Call us on 020 3870 4868
- Use the live chat function in the bottom right corner
- Fill out the online form on our website to see if you have a valid claim
Services And Information
- Everything You Need To Know About Fractured Patella Compensation Claims
- What Is A Fractured Patella Injury?
- Knee Injury claim – Claims Process
- How Do You Know If You Have Fractured Your Patella?
- What Accidents Could Cause A Patella Fracture?
- Average Compensation Payout For A Knee Injury In The UK
- Surgical And Non-Surgical Treatments For Patella Fractures
- What Is Misdiagnosis Of A Fractured Knee?
- Why Do Doctors Negligently Misdiagnose Patella Fractures?
- Could I Claim After The Three Year Time Limit?
- What Do I Need To Do To Claim Compensation?
- Claim A No Win No Fee Fractured Patella Compensation Payout
- Related Services
- FAQs About Fractured Patella Injury Claims
In this guide to patella fracture compensation, we will begin by talking about what a knee fracture is. How they can happen and why it is imperative to get treatment for any suspected fracture. We will consider the function of the knee and how it is vital for the movements of the leg.
We have completed a large section about how patella fractures could occur. And in what different scenarios we are owed a duty of care. We have included legislation that applies this duty of care in certain areas of everyday life. In order to hold a valid claim, you must prove that this duty of care was breached by those who should have been protecting your safety.
Although a compensation calculator can give a rough estimate of what your injury may attract in compensation we have used a compensation table. The figures come from a publication known as the Judicial College Guidelines.
To conclude we will look at how a No Win No Fee agreement can be used as a way to fund the legal help you may need. Before you call check out our FAQ section at the bottom. If you need more advice we can help.
There are a few different patella fracture types. They can vary in severity and some take longer to heal than others. Certain injuries that are severe may require surgical intervention where others may be able to be treated in other ways. Some can be so serious that you never completely recover from them. Below, we’ve included some examples of patella fracture types.
|Patella sleeve fracture||Seen almost exclusively in children, although it is still quite rare.|
|Comminuted patella fracture||When the kneecap has been broken into more than two pieces.|
|Hairline fracture||Also known as a stress fracture. This kind of injury is usually caused by cumulative damage due to repeated impact. Common in athletes, the elderly, and those with underlying bone conditions such as osteoporosis.|
|Non displaced fracture||When the kneecap sustains a fracture but remains in alignment and continues to function. This fracture is likely to worsen without medical treatment and advice.|
After suffering a shattered kneecap or similar personal injury due to negligence, you might wonder about the claims process and how it works. However, before beginning the process, you need to establish that another party’s negligence caused your broken knee injury.
To do this, you need to prove that:
- The defendant owed you a legal duty of care
- This duty of care was breached, causing an accident
- You suffered harm or loss as a result
In order to successfully claim, you will need evidence. For example, you can gather receipts or bank statements that can prove financial expenses or losses. Additionally, you may obtain CCTV footage of the accident or the contact details of any witnesses.
We’ll discuss more examples of evidence you may use for a knee injury claim further on in the article. However, if you have any questions beforehand, you can speak to our advisors for free legal advice.
Whether you have a shattered patella or a smaller fracture like a hairline, patella fractures can be relatively easy to detect. Some of them include:
- Pain and/or discomfort in and around the knee
- A deformed appearance to the kneecap
- Tenderness when touching the knee
- Pain when you move your knee or leg in any direction
You may also experience a grinding, snapping or popping sensation as the injury occurs. If you’re ever unsure whether you have broken your patella, you should be looked at by a medical professional. Even minor fractures could become much worse without treatment.
As mentioned earlier, you could suffer a fractured patella in a number of scenarios. Below, we’ve listed some of the more common examples.
Road Traffic Accidents
A car crash can be quite a common cause of a patella fracture. If you’re involved in a head-on collision, then your knees could be driven into the dashboard and cause the kneecaps to fracture. Depending on the force of the impact, your shattered patella may need extensive surgery to repair. Even as a pedestrian, an accident involving a car or motorcycle could lead to a number of injuries. This includes a fractured patella. All road users have a duty of care to one another. This means they must use the roads safely and according to the highway code. If these rules are not followed and injuries occur as a result, this duty of care is said to have been breached. This is when a claim can be made.
If another driver has caused your fractured patella, then compensation should be claimed through their car insurance company. If you’re hit by an uninsured driver, then you can still claim through a body known as the Motor Insurers’ Bureau (MIB). You can also claim through the MIB if the car that hits you flees the scene before you can make a note of their details.
Accidents At Work
All employers have a duty of care towards their employees. This means that they must take all practicable steps to make sure that the workplace is safe. This is not an absolute duty. I
Patella fractures could occur when the knee comes into direct contact with the floor during a fall. Some jobs require you to work at a height. For example, a workhouse worker may need a ladder to access a high shelf. If the ladder he has been supplied with is faulty, it could collapse and cause the employee to fall and land on their knee. This could result in a fractured patella.
Here are some statistics for injuries in the workplace. Serious injuries need to be reported under RIDDOR. In the last six years, the fewest cases of non-fatal injuries to the lower limb were in 2019/20. However, this still totalled over 25, 544 cases.
In instances of this, claims would be made against the employer. They must have liability insurance in place by law. Therefore, the payout would come through their insurance company and not your employer personally.
Accidents In A Public Place
There are still those who have the responsibility of keeping public areas safe. For example, the council may owe you a duty of care when you are walking along the pavement. Slips, trips, and falls can be claimed if the person who was responsible for the maintenance of an area has left it unsafe, and you suffer a patella fracture because of this.
If you’ve sustained a fractured patella, broken knee cap, or another knee injury, then you could be owed compensation if negligence was the cause. The amount that’s awarded to you depends partly on factors such as how severely you are injured and how long it may take you to recover.
The amount that legal professionals calculate for this portion of your settlement is a figure known as general damages. Because every claim is unique, the amount differs on a case-by-case basis.
There are various resources that lawyers can consult when arriving at an amount deemed suitable for your level of pain and suffering. One of these is a publication containing figures based on past personal injury court cases. It’s known as the Judicial College Guidelines (JCG), and was last updated in 2022. You’ll find some example entries in the table below – they should give you a rough idea as to how much a knee injury claim could be worth in general damages.
|Knee||(a) Severe - (i) a serious injury with disruption of the joint osteoarthritis has developed. Severe damage to ligaments and length treatment||£69,730 to £96,210|
|Knee||(a) Severe - (ii) a fracture to the leg that extends into the knee joint that causes permanent pain and limited movement/agility||£52,120 to £69,730|
|Knee||(a) Severe - (iii) - less severe an (a)(i) and (a)(ii) but still with continuing symptoms such as pain and limited movement. Potential need for future surgery||£26,190 to £43,460|
|Knee||(b) Moderate - (i) injuries such as dislocation, torn cartilage etc that result in minor instability/weakness. Could include conditions that have been made worse by the injury||£14,840 to £26,190|
|Knee||(b) Moderate - (ii) similar to (b)(i) but not as severe and for shorter periods of time. Continuing discomfort will be towards the upper end of the bracket||Up to £13,740|
|Leg||Above-knee amputation of one leg||£97,980 to £132,990|
Next, we have the matter of special damages. This figure is awarded to the claimant to reimburse them for any financial loss or additional outgoings they may have incurred due to their injuries. A good example of this is loss of earnings. If someone else has caused you to suffer a fractured patella, then compensation would need to cover the wages you could’ve earned during any required absence from work. This is just one instance of how a special damages payment could function.
Another example would be medical expenses. Special damages can cover the cost of any medical treatment and prescriptions that aren’t covered by the NHS. Even if you have to pay them initially, you could be reimbursed as part of your special damages payment. It’s important to maintain detailed records of these expenditures. For example, keep your receipts. During your claim, you must be able to prove these outgoings took place, and what they were for.
For more information on what else can be repaid to you via special damages, get in touch with us today.
Treatment for a fractured patella can vary depending on the severity. If the injury is not too severe, then the knee may just be put in a cast to immobilise the joint while it heals. It could take many weeks or even months for you to return to normal activities without discomfort.
For more severe patella injuries, surgery may be needed or even a knee replacement. In both cases, your doctor may recommend some lifestyle changes to accommodate your knee’s abilities post-healing.
Medical negligence could happen if you are treated with a standard of health care that is below what it should be. All healthcare professionals have a duty of care to their patients. If they take an action or fail to take action that results in a patient’s health being negatively affected, then it’s possible they could have a medical negligence claim made against them.
In the context of this article, an example of this would be if a patient went to see a doctor with a suspected broken knee and it was not correctly diagnosed as a fracture because the doctor failed to listen to the symptoms correctly.
There are a few reasons why a medical professional could misdiagnose a fractured patella. An X-ray is often needed to confirm the presence of a fractured patella. If one isn’t called for by the doctor responsible for your care your injury could get worse because it is not receiving the treatment that is needed.
Even if the X-ray is carried out, it could be performed or interpreted incorrectly. This could be due to complacency or even inadequate training. Another reason could be excessive swelling of the kneecap. This could make it difficult to access the knee or make an accurate assessment of the injury. If this was the case although a misdiagnosis had happened it may not be considered medical negligence as it was not the doctor who was negligent.
To hold a valid medical negligence claim your case may face the Bolam test. Your case would be put in front of a set of peers and they would be asked if they would have acted differently. If they admit that they would have gone about things in a different way then your case may be eligible for compensation,
If you’re unsure whether your encounter with a medical professional constitutes medical negligence, a solicitor from our panel may be able to help you. Reach out to our advisors today for free legal advice.
Claimants have 3 years from the date their injury was sustained to start a claim. This is stated in the Limitation Act 1980. However, there are some scenarios where this can not be achieved. The time limit can be extended, or even suspended. Below, we’ve included some examples of when this can happen.
General Accident Claims
Most personal injury claims will have to abide by the 3-year time limit. However, this time limit usually begins on the date that your injury was sustained. This is usually the same date as the accident that caused it. However, there are some injuries or symptoms that are not diagnosed on the same day the accident took place. There are also some cumulative injuries that may have no set date they were sustained. In these cases, your time limit can begin from the date your injuries are detected or diagnosed. This date is called the date of knowledge.
You must be able to prove your date of knowledge. A good way of doing this is by presenting your official medical records during the process of your claim being made.
Child Accident Claims
Claimants under 18 are not allowed to legally pursue their own claim. Due to this, their time limit is suspended until they become an adult on their 18th birthday. Then they can make the claim themselves. Before this date, it must be made through an appointed litigation friend. This is an adult who has the child’s best interests at heart. For example, a litigation friend can be someone like a parent, guardian, family friend, or legal representative.
If the claim is successful, the payout is not received by the litigation friend. Instead, it is paid into a bank account that the claimant can access on their 18th birthday. If the account is to be accessed before then, it can only be done so by the child’s parents or legal guardian. An explanation must be given to the courts as to why the money is needed, and it must directly benefit the child.
Claiming On Behalf Of Those With A Reduced Mental Capacity
The claimant may suffer from a condition that means that their mental capacity is reduced as a result. If so, their time limit will be suspended and their claim may only be pursued by a litigation friend.
In order to successfully make a knee injury compensation claim, you will need evidence.
However, if your injury is serious, it’s important that you seek medical attention. Prolonging medical treatment may make your injuries worse. Additionally, any medical records can provide useful evidence of the extent of your injuries.
Alternatively, if you suffered a less serious knee injury and didn’t immediately seek medical treatment, a solicitor from our panel could arrange for you to have an independent medical assessment. A diagnosis of your knee injury symptoms from a medical professional can be used to prove your injuries.
Next, you should consider collecting other forms of evidence for your knee injury claim, including:
- CCTV footage of the accident
- Contact details of witnesses to the accident
- Photographs of your injury
Get in touch with us today to find out what forms of evidence could be best for your claim.
A No Win No Fee arrangement is something that can exist between a personal injury solicitor and their client. It ensures that the client will not be responsible for covering their lawyer’s legal costs unless the case is successful. If the case fails, they will not owe them anything. If the case is won, the solicitor will be paid via a small and capped percentage taken from the compensation payout.
All of the expert solicitors on our panel work with their clients on a No Win No Fee basis. This means that they could work with you on the same basis if you have a valid claim. Get in touch with us today to get the process started.
- Call us on 020 3870 4868
- Use the live chat function in the bottom right corner
- Fill out the online form on our website to see if you have a valid claim
We’ve included some links to additional material you may find useful.
- Our general guide to personal injury claims.
- How to claim if you’re injured at work.
- What to do if you want to report a doctor for medical negligence.
- Advice from the NHS regarding what to do after breaking your kneecap.
- How to request CCTV footage of yourself.
- More information on what a litigation friend is.
In this final section, we’ve answered some of your most frequently asked questions.
Can you walk with a broken knee cap?
If you suspect a knee cap injury then it’s always best to be looked at by a medical professional.
How do you know if you have a broken knee?
Symptoms can include pain, swelling, discomfort, and difficulty moving your leg. It may also look physically deformed due to the fracture.
How long does it take to recover from a fractured knee?
Some uncomplicated fractures can take between 6-8 weeks to heal. However, the full use of your knee joint may not return for much longer. Severe fractures can take a very long time to heal, and you may not ever fully recover.
Thank you for reading our guide on fractured patella compensation.