An Introduction to Knee Injury Claims
Many people are aware that knee injury claims enable you to receive compensation when you have injured your knee in an accident for which you were not totally to blame. However, as knee injury claims for compensation are something that few people experience more than once in a lifetime, the fear of the unknown can often dissuade people entitled to compensation for a knee injury from making a claim.
This article aims to provide general advice about making knee injury claims for compensation and some of the procedures that are involved, but is no substitute for discussing the circumstances of your accident and the consequences of your knee injury with an experienced personal injury solicitor – especially at a time when you may still be in considerable pain from your injured knee and unable to carry out many of the procedures yourself.
Knee Injury Claims and Your Health
The most important factor in knee injury claims is your health. Although you will have sought professional medical attention at the earliest practical opportunity after having injured your knee, it is important that throughout the knee injury claims process you keep to any appointments that have been made following your discharge from hospital in order to avoid claims by the negligent party´s insurers that you made your knee injury worse by your own lack of care.
This type of “contributory negligence” will not disqualify you from claiming knee injury compensation, but it could affect how much compensation for a knee injury you receive. The same applies if you try – before you are physically able – to make the appropriate knee injury accident reports or collect evidence of negligence needed to support knee injury claims.
Accident Reports and Knee Injury Claims
Most motorists, employers and other persons with a duty of care for your safety in places of public access – i.e. pavements, restaurants and supermarkets – will be genuinely distressed when their negligence has resulted in you sustaining a knee injury and will often willingly admit liability for your injured knee. However, insurance companies will require proof of negligence when knee injury claims for compensation are submitted to them and it is therefore necessary that the appropriate accident report is submitted with your claim.
Depending on the nature of the accident which resulted in your knee being injured, an accident report should be made to the police if they did not attend the scene of a road traffic accident, made to your employer – if your knee injury was due to an accident at work – or recorded in the “Accident Report Book” held by the place of public access. A copy of the accident report in which the circumstances of your accident and knee injury are recorded should be kept to submit to the negligent party´s insurers with your claim for knee injury compensation.
Supporting Claims for a Knee Injury
The more evidence of negligence you – or a solicitor on your behalf – are able to supply when submitting claims for a knee injury to the negligent party´s insurers, the quicker your claim will be resolved and the more likely it is that you will receive your full entitlement to knee injury compensation. In addition to knee injury accident reports, the conclusions of any Health and Safety Executive investigations, CCTV video and statements from witness to your accident can help support claims for a knee injury.
Whereas it may take some time to collate all the evidence of negligence to support your claim for a knee injury, this should not prevent you from initiating knee injury claims – or speaking with a solicitor – at the first possible opportunity. The negligent party´s insurers have ninety days from the receipt of your letter of claim for a knee injury to conduct their own investigation and, even when liability is admitted after this time, it may not yet be established how much compensation for a knee injury you are entitled to.
How Much Compensation for a Knee Injury?
How much compensation for a knee injury you are entitled to is based upon the severity of your injury in relation to your age, gender and general physical condition prior to the accident occurring, and knee injury claims will also take into account the impact that your knee injury has on your quality of life and your lack of ability to complete day-to-day tasks. You can also claim knee injury compensation if you have suffered a quantifiable emotional trauma as a result of your knee injury, recover any expenses which are directly attributable to the accident in which your knee was injured and reclaim income you have lost if you are unable to work.
It is important that you do not accept any offer of knee injury compensation before undergoing a full assessment of your knee injury claim by an experienced solicitor. It is possible that you may be approached directly by the negligent party´s insurers with an offer of compensation for your knee injury but, if you inadvertently accept it – and it proves to be inadequate to cover your medical expenses or living costs – you cannot go back to the insurance company and ask for more knee injury compensation.
“No Win, No Fee” Knee Injury Claims
“No Win No Fee” knee injury claims were first introduced in the mid-1990s when the Government restricted access to Legal Aid. The concept of “No Win, No Fee” knee injury claims is that, if your claim for knee injury compensation is considered to be sufficiently strong, a solicitor will offer legal representation on a conditional fee agreement. This agreement states that if your claim for knee injury compensation is unsuccessful, the solicitor will not charge you for his or her legal fees.
This does not necessarily mean that “No Win, No Fee” knee injury claims are always free of charge. The acceptance of claims for knee injury compensation under a conditional fee agreement is not a guarantee of success and, if your knee injury compensation claim is unsuccessful, you will be liable for the negligent party´s legal costs. Your solicitor will explain how you can insure yourself against the risk of financial exposure prior to offering to represent you in “No Win, No Fee” knee injury claims.
Further Information on Knee Injury Claims
A survey recently conducted by Millward Brown for the UK Department of Justice revealed that up to 35 percent of people who were qualified to make knee injury claims for compensation did not do so because they did not know how. If our article on knee injury claims has raised more questions than provided answers, you are invited to call our freephone helpline and discuss the circumstances of your accident and knee injury with an experienced personal injury solicitor.
Without any obligation on you to proceed with a claim for knee injury compensation, our solicitor will clarify any issues you may be unsure about in relation to making knee injury claims, establish whether you have a knee injury compensation claim which is worth your while to pursue and guide you through the procedures which are relevant to your specific claim for a knee injury.
All calls to our freephone helpline regarding knee injury claims are naturally confidential and, if now is not a convenient time to talk with us, please take a minute to leave your contact details in one of the Callback Request boxes and a member of our helpful legal team will be in touch to discuss how we can help you to make a successful knee injury claim for compensation.