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Cartilage is essential for protecting our joints and bones and ensuring smooth movement. A torn cartilage can have an impact far beyond the physical pain itself; it can restrict mobility, disrupt your daily life, and lead to financial costs like lost income, private medical bills, and rehabilitation expenses. This can have a significant emotional toll at a time when all you want to do is focus on your recovery and healing. If your injury was the direct result of someone else’s negligent actions, you may be able to make a torn cartilage compensation claim.
Here at Legal Helpline, our advisors are available 24/7, ready to listen and provide free guidance as you explore the steps involved in making a soft tissue injury claim. They can also evaluate your case for free, so please get in touch to find out if you can claim.
Jump To A Section
- What Is A Torn Cartilage Injury?
- Can I Make A Torn Cartilage Compensation Claim?
- Who Is Liable For A Torn Cartilage Injury?
- How Do Torn Cartilage Injuries Happen?
- What Should I Do After Suffering A Torn Cartilage Injury?
- How Much Compensation Could I Get For A Torn Cartilage?
- Time Limits For Starting A Torn Cartilage Claim
- How Long Do Torn Cartilage Compensation Claims Take?
- Can I Make A No Win No Fee Torn Cartilage Claim?
- Learn More
What Is A Torn Cartilage Injury?
A torn cartilage injury occurs when the tissue found in the joints around the knee, hip, shoulder, ankle, elbow, or wrist is damaged. Cartilage is a soft, yet strong and flexible connective tissue that connects bones and joints, reducing friction. It absorbs force and minimises the stress impact on the bones. In addition to the ends of your bones, cartilage is also located in the nose, ears and the windpipe. This kind of injury commonly affects the knee, which is known as a meniscus tear and can include symptoms like:
- Pain or tenderness in the knee.
- Difficulty moving, bending or straightening your knee.
- Swelling or stiffness around the knee.
To share the specific details of your cartilage damage and find out if you can make a knee injury claim, contact our advisors now.
Can I Make A Torn Cartilage Compensation Claim?
You can make a torn cartilage compensation claim if someone else’s negligent actions or inaction caused your injury. To demonstrate this, you need to prove that the other party had a legal responsibility to take certain steps to protect your safety, but failed to meet this duty of care towards you. Therefore, in order to claim for a torn cartilage, you need to show the following:
- A party owed you a duty of care.
- They breached this duty towards you.
- You suffered a cartilage injury due to this breach.
Get in touch with our helpful team of advisors anytime for further information on what a duty of care is and how it applies in different situations.
Who Is Liable For A Torn Cartilage Injury?
Road users, occupiers in control of public places, and employers may be liable for a torn cartilage injury, depending on the circumstances of your accident. We will now discuss how a duty of care applies on the road, at work, and in public.
On The Road
Everyone on the road is required to navigate safely and avoid causing injury to one another. This duty of care also means drivers, cyclists, and other road users have an obligation to follow the Road Traffic Act 1988 and the Highway Code. If you are injured because of a road user’s negligent actions, you may be eligible to make a road traffic accident compensation claim.
At Work
When at work, your employer must take measures to ensure your well-being, safety, and health. To meet this duty of care under the Health and Safety at Work etc. Act 1974, employers can provide suitable workplace safety training, regularly inspect equipment, and conduct risk assessments where appropriate. Failing to take such steps may lead to an accident at work claim if the breach results in a worker being injured.
In A Public Place
While you are in a public place, the occupier in control of the space has a responsibility to take practical action to keep you reasonably safe as a visitor. The Occupiers’ Liability Act 1957 establishes this duty of care, which can apply to local councils, hotels, supermarkets, and other businesses. For instance, if you slip on a wet floor that restaurant staff hadn’t signposted in a timely manner, the occupier may be at fault for your public place injury.
Next, we will explore how torn cartilage injuries can occur and potentially lead to a valid compensation claim. In the meantime, please reach out to share your own experience with one of our friendly advisors.
How Do Torn Cartilage Injuries Happen?
Torn cartilage injuries can happen due to collisions on the road, unmarked slippery surfaces at work or in public, and poorly maintained pavements. We will now explore examples of how such accidents may lead to torn cartilage compensation claims:
Road Traffic Accidents
Speeding, driving while distracted or under the influence of alcohol or drugs, and tailgating are common causes of road traffic accidents involving torn cartilage injuries. An accident might occur due to:
- A driver who fails to maintain an appropriate distance from the car ahead causes a rear-end collision that tears cartilage in your shoulder and leaves you with a serious neck injury.
- While waiting at a pedestrian crossing, you suffer several fractures and a meniscus tear when a speeding driver loses control of their car and careens into you.
Accidents At Work
Accidents at work that cause cartilage tears can occur because of inadequate training, tripping hazards, and a lack of personal protective equipment. This could involve:
- Warehouse management neglecting to perform regular risk assessments, allowing cables to accumulate in walkways. You subsequently trip on one, suffering a torn cartilage in your hip.
- You being given a heavier load than you have been trained to lift while moving packaging at the factory. Due to this, you tear the cartilage in your wrist and break your foot when a package falls.
Public Place Accidents
Often, public place accidents result in torn cartilage injuries because of slips, trips, and falls caused by various environmental hazards, such as wet floors and damaged surfaces. This can occur for many reasons, such as:
- Despite being aware that several steps on a shopping centre staircase are broken, the building’s occupier refuses to repair the damage or cordon off the area. As you walk down the stairs, you trip and fall, tearing your ankle cartilage.
- There is a spill in a shop that hasn’t been cleaned up for some time, but there is no warning sign to alert customers about the slippery surface. This causes you to suddenly slip and fall, tearing the cartilage in your elbow.
Of course, every accident is unique, so please feel free to share your own experience with one of our advisors.
What Should I Do After Suffering A Torn Cartilage Injury?
After suffering a torn cartilage injury, you should seek immediate medical attention, begin collecting evidence as soon as possible, and connect with a personal injury solicitor. We will now elaborate on these steps in greater detail:
- Seek immediate medical attention: This ensures the tear is properly treated and creates a formal record of your injuries that could be used as evidence in a claim.
- Collect evidence: Proof like CCTV footage and medical records can show how someone else is liable for the cartilage damage you’ve suffered.
- Connect with a solicitor: They can help you navigate the torn cartilage injury compensation claims process and gather evidence on your behalf.
Contact our advisors now for more information on the actions you can take to support your personal injury claim.
How To Prove A Torn Cartilage Compensation Claim?
In order to prove a torn cartilage compensation claim, you need evidence that can highlight how another party is liable for your injuries, such as a copy of your medical records and photographs of the accident site. This may require you to supply the following:
- Medical reports, prescriptions, A&E summaries, and GP notes.
- Contact details for anyone willing to provide a solicitor with a witness statement.
- Photographs of visible injuries or the accident scene.
- Your accident book report, if the injury happened at work or in public.
- If the cartilage was torn in a road accident, you’ll need the other party’s vehicle registration, insurance, and contact information.
- CCTV recordings or dashcam footage can show how the accident occurred.
Contact our advisory team now to determine what type of evidence would help your compensation claim.
How Much Compensation Could I Get For A Torn Cartilage?
For a severe knee injury with joint disruption, how much compensation you could get for a torn cartilage can range from £85,100 to £117,410. This is for the damage only and is according to the Judicial College Guidelines (JCG), a document that lists suggested compensation brackets for various injuries. Legal professionals often use this text to calculate general damages, the part of a compensation payout that covers the pain and suffering caused by an injury.
Our table below provides several brackets from the JCG. Please remember that this table is for guidance only, and the figure in the first row isn’t from the document.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Costs may encompass private medical treatments, loss of income, and travel expenses. | Up to £250,000+ |
| Knee - Severe (i) | There is joint disruption, severe pain, and extended treatment. | £85,100 to £117,410 |
| Knee - Severe (ii) | A fracture in the leg extending to the knee joint, with impaired agility. | £63,610 to £85,100 |
| Knee - Severe (iii) | There may be ongoing symptoms like movement limitation, instability, or deformity. | £31,960 to £53,030 |
| Knee - Moderate (i) | There is a torn meniscus or cartilage, leading to instability or weakness. | £18,110 to £31,960 |
| Knee - Moderate (ii) | Upper part of bracket can feature occasional pain or constant aching. | Up to £16,770 |
| Elbow - Less Severe Injuries | Function impairment without major surgery or a significant disability. | £19,100 to £39,070 |
| Shoulder - Moderate | Soft tissue injuries with non-permanent symptoms lasting over 2 years and more than minimal. | £9,630 to £15,580 |
| Pelvic/Hip - Lesser Injuries (i) | Significant injury with little or no lingering disability. | £4,820 to £15,370 |
| Wrist - (d) | Complete (or almost) complete recovery after 12 months, with some minimal symptoms remaining. | £7,420 to £12,630 |
Can I Claim For Loss Of Earnings After A Torn Cartilage Injury?
Yes, you can claim for loss of earnings after a torn cartilage injury if your income has been adversely affected as a direct result of the harm you have suffered. The financial impact of an injury is covered by a head of claim known as special damages, which can also encompass the cost of:
- Prescriptions and private medical treatments needed to manage the torn cartilage.
- Attending medical appointments.
- Occupational and physical therapy.
- Physical aids, such as a walker, a cane, or an ankle brace.
- Caregiving from professionals and loved ones.
These and other costs can only be claimed for if there is evidence of your losses, such as receipts, payslips, and bank statements. To find out how a solicitor from our panel can help you obtain this documentation, please have a chat with one of our advisors.
Time Limits For Starting A Torn Cartilage Claim
The time limit for starting a torn cartilage claim is usually 3 years from the date of the accident, as decided by the Limitation Act 1980. However, exceptions to this timeframe can apply if someone cannot claim on their own because they are under 18 or mentally incapacitated. You can speak with an advisor for further information on these exceptions or read our dedicated time limits guide.
How Long Do Torn Cartilage Compensation Claims Take?
Typically, how long torn cartilage compensation claims take to settle depends on the extent of the evidence required, whether liability is disputed, and how straightforward negotiations are. In particular, timeframes can be influenced by:
- Injuries: Ongoing treatment can delay a medical assessment, which can provide a clearer picture of the long-term prognosis.
- Liability: If the defendant disputes liability, your solicitor may need more evidence to strengthen the claim.
- Evidence: Gathering proof can be time-consuming if certain documents are not readily obtainable.
- Negotiation: There may need to be several offers between the negotiating parties before a settlement is reached.
Still wondering how long it takes for compensation to come through? Our advisors are available now to answer any questions you might have.
Can I Make A No Win No Fee Torn Cartilage Claim?
Yes, you can make a No Win No Fee torn cartilage claim with an expert solicitor from our panel after you reach out to an advisor for a free initial consultation. Here at Legal Helpline, our panel of solicitors offer their services through a Conditional Fee Agreement (CFA), which means:
- No upfront service fees to pay.
- That there will be no ongoing service fees.
- If your claim is lost, your solicitor won’t charge any service fees.
Your solicitor will only charge a legally capped percentage of your compensation if there is a positive outcome. This is the success fee, and will be fully explained before you claim. As part of their No Win No Fee service, your solicitor can:
- Assist with collecting evidence for your cartilage injury claim.
- Ensure all documents for your torn cartilage claim are properly organised and filed.
- Explain any legal terms you’re unfamiliar with.
- Answer all your questions with patience, understanding, and empathy.
- Provide regular updates on the progress of your cartilage claim.
Contact Legal Helpline
To contact Legal Helpline’s advisory team and get more information on the services provided by our panel of No Win No Fee solicitors, you can:
- Call on 0333 0000 729.
- Contact us online.
- Message our advisors on live chat.
Learn More
You can learn more about the personal injury claims process by reading our guides on:
- How to start a taxi accident claim.
- Making a foot injury claim.
- Working with a spinal cord injury solicitor.
Here are some external links for further reading:
- Information from the NHS on knee pain.
- NHS guidance on arm and elbow pain.
- Details from the HSE on manual handling at work.
Thank you for reading our guide on making a torn cartilage compensation claim.
