By Danielle Graves. Last Updated 12th May 2023. Welcome to our guide to making a torn cartilage compensation claim. A torn cartilage can be a serious and long-lasting injury. If you have suffered a torn cartilage injury that was not your fault, you could be entitled to make a torn cartilage injury claim to receive compensation. We want to provide you with useful information, like how a torn cartilage accident might occur, what the symptoms of such an injury might be, and how it could be treated.
This guide will hopefully answer many of your questions. Be sure to call our team of experts when you have finished reading it if you have decided that you want to try and make a claim or if there are still more things you want to know. You can find our team’s contact information at the bottom of this page.
Jump To A Section
- A Guide To Claims For Torn Cartilage Injuries?
- What Is The Function Of Cartilage?
- What Are The Symptoms Of Torn Cartilage?
- What Causes Torn Cartilage Injuries?
- Treatment And Diagnosis Of Torn Cartilage
- Whiplash And Cartilage Injuries In The Neck
- Causes Of Torn Knee Cartilage
- Workplace Torn Cartilage Injuries
- Road Traffic Accident Torn Cartilage Injuries
- Damage To Cartilage – Claim Time Limits
- Calculating Compensation For Torn Cartilage Injuries
- Special Damages Applicable To Injury Claims
- Why Talk To Legal Helpline About Your Claim?
- No Win No Fee Torn Cartilage Injury Compensation Claims
- Start A Claim For Torn Cartilage Injuries
- Medical And Claims Resources
This guide covers some of the medical and legal aspects of suffering an avoidable injury that causes damage to your body’s cartilage. This will include providing examples of some of the situations in which cartilage damage might occur, describing torn cartilage symptoms and answering questions like; Can a torn cartilage heal itself? How serious is a torn cartilage in the knee? And so on. Important legal topics that this guide will explain will include what circumstances could justify making a personal injury claim, what amount of compensation you might be entitled to and what some of the benefits of making the claim through our panel of solicitors might be. We have included links to other resources in this guide, both our own and information on other sites. At the bottom of this page, you can find the contact details of our team of personal injury advisors who can assist you with how and when you could be entitled to claim compensation for a cartilage injury.
Call our team for free legal advice on making a torn cartilage compensation claim.
Cartilage is a soft, but tough and flexible tissue that is used throughout the body to perform various tasks and makes up various body parts. Body parts such as the ear, parts of the nose and the windpipe are made out of cartilage. Cartilage also plays an important role in the joints. It acts as a type of shock absorber between the bones, which is particularly important in the ankles, knee’s and hips. It also serves as a kind of lubricant, enabling bones to move smoothly against each other rather than rubbing or wearing each other down as they move.
When cartilage is worn away or becomes damaged it can no longer work as effectively, this can lead to pain and difficulty moving the joints as the bones no longer have the protective layer between each other.
There are a number of signs which, taken together, could mean that you have suffered damage or wear and tear to your cartilage. They include:
- Joint swelling, if it is caused by an injury then it may take several hours or even days to emerge.
- Pain. This will likely worsen when you put weight on the joint but can also persist even when you are resting.
- Joint stiffness
- A sensation of grinding or clicking in your joints when you move.
- Joints locking in place or suddenly giving way.
If you believe your injuries were due to someone else’s negligence, call our advisors to discuss making a torn cartilage compensation claim.
Cartilage is a fairly tough and flexible material, the cartilage in the joints is particularly designed to see regular use in facilitating movement and, in leg joints, facilitating weight-bearing. That doesn’t mean it is indestructible, however. Cartilage can be damaged by injuries or reduced by wear and tear.
Heavy impacts can cause the cartilage to be damaged, such as in accidents and in sports injuries. Repeated heavy use can also cause the cartilage to become worn out more quickly, people who have worked in physically active jobs tend to develop joint problems, particularly in the knees, more often. Lack of use, such as a lack of physical exercise, can also cause the cartilage to become degraded.
Sometimes it can be tricky to tell at a glance what is a cartilage injury and what is some other kind of soft tissue injury, such as a sprain, the symptoms of which can appear similar. However, there are non-invasive tests and scans that can be done to determine whether or not the cartilage is injured.
- An MRI scan. Magnetic resonance imaging can provide a clear enough picture of the body’s soft tissues to tell whether or not the cartilage is compromised. As opposed to an X-ray which usually only produces clear images of bones.
- An Arthroscopy. An Arthroscopy is a form of keyhole surgery in which a very small camera instrument is inserted into the joint to visually assess the condition of the cartilage.
Treatment of cartilage damage can come in various forms. Cartilage injuries are complicated by the fact that cartilage does not heal by itself very well as other body tissues do. Treatment for cartilage injuries can include:
- Drugs, such as the injection of steroids or anti-inflammatory drugs.
- Surgery. Multiple different surgical procedures can be performed to repair or deal with the damage caused by a cartilage injury depending on the age of the patient, the nature of the injury and the extent of the damage. One could repair the damage, others may need to be repeated in order to have a lasting effect and others can only serve to prevent the damage from getting worse or from causing continuing pain and discomfort.
- Exercise and therapy. Exercising and performing certain motions can help the affected area to heal. These may be exercises given for the patient to do at home, or they may require the patient to attend special classes.
For guidance on making a torn cartilage compensation claim, call our team or send a message through our live chat feature.
Whiplash is the name for an injury that occurs in the neck when the tissues are damaged by a sudden movement that is too fast and too forceful in the head and neck. Whiplash commonly occurs in car accidents when a person is rocked violently back and forth in their seat by the impact. Other types of accidents can cause whiplash as well, such as sports injuries or having a heavy object land on your head, neck or shoulders.
Whiplash is a fairly minor injury in most cases, resolving itself in a matter of a few weeks. But in the meantime, it can cause significant pain and discomfort, as well as nausea, dizziness, difficulty eating, drinking and turning your head and can often necessitate time taken off work. It can be grounds for making a torn cartilage compensation claim. You may also find it useful to read through this NHS guide to whiplash injuries.
Cartilage injuries can happen in a number of different ways in different parts of the body, this can include: torn cartilage in the ankle, torn cartilage in the wrist, torn cartilage at the sternum, torn cartilage around the ribs and torn cartilage around the hip. But one of cartilage’s most important roles, and one of the places which is likely to sustain cartilage damage, is the knee. A torn cartilage in the knee can cause mobility issues and pain, cartilage there is needed for movement and ability to bear weight. Cartilage injuries can be caused by falls, work accidents or repetitive strain, car accidents or by sports accidents.
Your employer has a legal duty of care for you. That means that under the law they are responsible for making sure that the workplace and work practices in the workplace are safe and do not lead to the risk of accident and injury. This principle is laid out in the Health And Safety At Work Act 1974. If your employer has not done all in their power to ensure that your workplace was safe, and this has led to an accident in which you were injured, then you could be entitled to claim compensation.
A torn cartilage can be caused by penetrating or slashing injuries that could occur if you work around machinery or equipment with sharp edges, such as drills, which have not been serviced or maintained to a safe standard or which you haven’t been trained to use properly. They could also occur if you slip, trip or fall and impact or tear the cartilage. Slips, trips, and falls should be avoided by keeping the workplace free of slipping and tripping hazards.
Cartilage injuries can also result from accidents in manual handling, such as pulling injuries or strain injuries as well as having accidents in dropping heavy objects. Repetitive strain can also lead to cartilage injuries, such as a torn cartilage in the knee resulting from a job that requires you to kneel for prolonged periods or to go back and forth between kneeling and standing. For more information about how and when you could be entitled to make a torn cartilage compensation claim, call our team of friendly advisors.
You could suffer a torn cartilage injury, as well as a wide range of other serious injuries as a result of a road traffic accident, either by colliding with another vehicle while driving or riding in a vehicle or by being hit by a vehicle while walking or cycling. You could make a compensation claim if you can provide evidence that the road traffic accident in which you were injured was not your fault. There are many ways that another driver or another party could be at fault for a car accident.
• They could have been driving under the influence of alcohol or drugs.
• They could have been driving over the speed limit
• They could have been driving a vehicle that had unsafe mechanical faults such as old tires or non-functioning lights.
• Generally driving in a manner that was negligent towards the safety of other passengers.
Another party that could be responsible for a road traffic accident could be the authority responsible for the upkeep of the road you were driving on. Local councils and highway authorities have a legal responsibility to keep roads and motorways in a safe condition. Failing to meet this obligation can lead to accidents which they could be liable for. Examples of how failures in the upkeep of roads can lead to road traffic accidents include:
• Failing to clear debris
• Failing to repair potholes
• Failing to clear ice
• Failing to ensure adequate lighting and signage.
For more details about making road traffic accident claims, see our guide here.
If you are eligible to make a claim for your knee injury and cartilage damage, you will need to start the process within the relevant limitation period. This is typically set as three years from the date of the accident that caused the damage to your cartilage.
However, there are certain exceptions to this time limit. This includes:
- Those who lack the mental capacity to start a claim for themselves. The time limit is suspended indefinitely. During this time, a court-appointed litigation friend could claim on their behalf. Should the person regain this mental capacity, and a claim has not been made for them already, they will have three years from the recovery date to start one.
- Those under the age of 18. The time limit is paused until their 18th birthday. Before this date, a litigation friend could claim for them. However, if they turn 18 without a claim already made on their behalf, they will have three years to start one.
If you need any help with the claiming process, call our advisors for free advice. They could also inform you whether you are within the time limit to start your claim.
When compensation is awarded, it is calculated to reflect the severity of the injury, that includes the physical effects of the amount of pain and suffering it caused and any degree of disability it may cause, but also its effects on your mental health, appearance and your work and social life. To provide examples of how this works we have included a personal injury claims calculator in this section, it shows how the level of compensation you could be entitled to receive can increase or decrease depending on the degree of the injury. Don’t forget that these figures do not represent the final number which you could receive.
|Severe knee injuries (I)||Injury where there has been lengthy treatment, surgery, where arthroplasty and/or arthrodesis has taken place, where osteoarthritis has developed and there is considerable pain and disability.||£69,730 to £96,210|
|Severe knee injuries (ii)||Leg fracture extending into the knee joint causing pain, loss of mobility and the onset of osteoarthritis.||£52,120 to £69,730|
|Severe knee injuries (iii)||Less serious injuries than those listed above but still causing pain and a degree of disability.||£26,190 to £43,460|
|Moderate knee injuries (i)||Dislocation or damage to soft tissues in the knees (including cartilage) causing long term disability, weakness and/or the exacerbation of pre-existing issues.||£14,840 to £26,190|
|Moderate Knee injuries (ii)||Injuries less severe than those above where the degree of lasting pain is less serious and involving shorter periods of acceleration, and also lacerations, twisting, or bruising injuries.||Up to £13,740|
|Very severe ankle injuries.||Extensive fractures and soft tissue injuries. Resulting in deformity, arthrodesis and potentially amputation below the knee.||£50,060 to £69,700|
|Severe ankle injuries.||Injuries which require surgery and a prolonged period of recovery.||£31,310 to £50,060|
|Moderate ankle injuries||Injuries which give rise to less serious disabilities.||£13,740 to £26,590|
|Modest ankle injuries||Less severe injuries which may result in occasional tendency for the ankle to give way. The level of the award within the bracket will be determined by whether or not a complete recovery has been made.||Up to £13,740|
|Most serious achillea's tendon injury.||Complete severing of the tendon. leading to permanently restricted ankle movement.||In the region of £38,430|
Our team could help you understand more about making a torn cartilage compensation claim. All you have to do is call or send a message in our chat box.
Suffering from a particularly bad injury can have knock-on effects far beyond just the pain or potential disruption of your normal life caused by the injury itself. An injury can force you to spend a lot of money, or lose out on money that you should have made. This can lead to a dramatic change in your financial situation and could possibly leave you and your family in a precarious position. It isn’t fair for you to have to deal with this sort of situation because of an accident that wasn’t your fault, that’s why you could be compensated for any of your financial losses if you make a successful personal injury claim, this is otherwise known as special damages.
Special damages can include things like:
• Compensation for medical treatment expenses, including things like the purchase of painkillers from pharmacies, physiotherapy sessions to regain the use and movement of the injured area and any other treatment which is needed for your recovery.
• Compensation for loss of work earnings. This can be either a payment for a period without working, or it could be an annuity equivalent to your yearly earnings if a disability has left you unable to work permanently.
• Compensation for the costs of having care and support at home, such as helping you dress and wash as well as performing household chores such as cleaning, shopping, and cooking.
You will have to prove all of the expenses and losses that you have dealt with, so make sure you are ready to provide any paperwork such as contracts, receipts, and invoices.
We can offer free expert advice as well as what the guides on our website can give you. If you call our team of advisors they can offer you a free consultation on whether or not our panel of personal injury lawyers could help you make a torn cartilage compensation claim. If you do end up working with our panel of personal injury lawyers, you will benefit immensely from their experience, legal knowledge, and professionalism. You won’t be charged heavy legal fees for using our services, because our panel of solicitors offers no win no fee claims, which could help you save a lot of money.
There is an easy way to make a personal injury claim without having to make a big financial risk, it is known as a no win no fee personal injury claim. If you make a no win no fee personal injury claim you do not have to pay your legal fee’s upfront, and you don’t have to make any payments towards your solicitor unless you win your case and receive compensation.
If you want to get started on making a personal injury claim, or if you would like to discuss things with an expert before making your mind up, you can call 0161 696 9685, or you can arrange to receive a phone call when convenient by filling in our online enquiry form. Our consultation services are free and our team will be happy to provide you with advice and guidance.
Detailed Breakdown Of Cartilage Injuries: NHS guidance
Supermarket Accident Claims: If your cartilage was torn in a supermarket accident, read this article.
Nerve Injury Claim Compensation: Nerve damage can go hand-in-hand with torn ligaments in severe circumstances. Read about claiming if that’s what happened to you.
Holiday Abroad Compensation Claims: Even if you are injured on holiday, you could claim. Find out how in our guide.
Torn Cartilage Compensation Claim FAQs
How much should I settle for a knee injury?
Knee injuries can be complicated and involve torn ligaments. We would advise that you settle after you’ve had an independent medical assessment. Once you know the value of your injuries and financial loss, you could have a better idea of what is best to settle for.
Can I sue for a torn meniscus?
You could sue for a torn meniscus providing it was caused by someone else’s negligence. Call our team of advisors for free legal advice about making a torn cartilage compensation claim.
Guide by JT