Knee Injury Compensation Claims Guide
Knee accidents victims are often forced to make knee injury compensation claims, as damage to the knee can seriously affect the ability to work and earn an income for long periods of time. Knee injury compensation claims are often required to recover a loss of earnings and the considerable loss of amenity which comes from knee injury. Loss of earnings claims for compensation for knee injuries can involve considerable payments, especially when serious damage has been sustained and the recovery process is likely to take many months.
Knee injury compensation claims can be made in Ireland provided that a knee injury was suffered in an accident due to somebody else´s lack of care and the injury was serious enough to warrant medical attention being sought. If these criteria are satisfied, you should be eligible to claim for knee injury compensation to recover lost earnings, medical expenses as well as to receive recompense for any pain and suffering.
Reasons for Making Knee Injury Compensation Claims in Ireland
Knee injury compensation claims are made in Ireland for a wide range of accidents. The knee is a common site of injury in slips trips and falls, manual handling accidents and car crashes. Knee injury compensation claims can be made in Ireland for any knee injury, with the most common reasons for making knee injury compensation claims listed below.
- Cartilage damage to the knee
- Torn ligaments and tendons
- Sprains and strains to ligaments, tendons and muscles
- Broken bones and stress fractures
- Arthritic damage caused by repetitive strain
If you have sustained an injury to your knee, providing that the injury was the result of third party negligence, you should be able to make a knee injury claim for compensation in Ireland and should seek the advice of a personal injury solicitor to assess your claim.
Knee Injury Compensation Claims and the Injuries Board Ireland
Knee injury compensation claims are dealt with by the Injuries Board Ireland, except in cases where medical negligence is to blame for the injury. The Injuries Board Ireland will assess a claim and will determine how much knee injury compensation they think a claimant should receive. Although this legal process was introduced to make the claims process faster and to reduce the need for using a personal injury claims solicitor, over 90 percent of claims are made using a personal injury solicitor in Ireland. Using a solicitor will ensure that a claim is fully prepared, has the maximum chance of being accepted, and that the maximum entitlement to personal injury compensation is assessed.
Knee injury compensation claims often involve considerable medical expenses and claims for loss of earnings, and a personal injury claims solicitor will ensure that a claim is submitted for an appropriate amount of knee injury compensation; including all aspects of an injury, past and future loss and any future risk to the health.
Knee Injury Compensation Claims for General Damages
Knee injury compensation settlements are highly variable and no two claims for knee injury compensation are exactly alike. Although general figures are available to indicate how much compensation an accident victim should receive for a knee injury, claims for general damages will be concerned not just with the pain and suffering, but also the degree of amenity which has been lost due to the injury. How a knee injury affects the life of a victim will need to be thoroughly assessed, and this can increase the claims value considerably. Knee injury compensation claims will also vary in value due to the age and sex of the victim, and will factor in any contributory negligence on the part of the claimant.
For an accurate assessment of the value of any general damages claim it is necessary to speak with medical experts and to have medical examinations completed. This is the only way that the true extent of the injuries can be properly assessed. A personal injury solicitor will make the necessary arrangements and, after consulting medical professionals, will calculate the maximum entitlement to general damages in knee injury compensation claims.
Knee Injury Compensation Claims for Loss of Earnings
Knee injury compensation claims for loss of earnings and expenses are easier to calculate. Claims for loss of earnings are dealt with under ‘special damages’ and a separate claim is made to cover these costs in knee injury compensation claims. Loss of earnings claims will include lost salary together with loss of regular overtime, promotion opportunities and pension contributions. Overtime will be calculated by using an average of earnings over the previous months. Special damages in knee injury compensation claims can also include medical treatment costs, alternative transportation costs, and any expenses which can be directly attributed to the injury, including future medical costs and future loss of earnings.
Time Scale for Making Knee Injury Compensation Claims in Ireland
Knee injury compensation claims fall under the same Statute of Limitations as other personal injury claims in Ireland, and must be made within two years of the ‘Date of Knowledge’ that an injury has been sustained. In the case of knee injuries, it is usually apparent that an injury has been sustained immediately and the claims period will generally commence from the date of the accident.
Knee injury claims for children are dealt with differently, and the statute of limitations would not apply until the child turns 18. Claims can be made before this date — which is recommended in the majority of knee injury compensation claims for children -by a ‘Next Friend’ representing the child in Irish knee injury compensation claims. If you are considering making knee injury compensation claims for a child you should first speak with a personal injury compensation solicitor for advice.
Free Legal Advice on Knee Injury Compensation Claims in Ireland
If you sustained a knee injury in an accident which was not entirely your fault and you would like a free assessment of your eligibility to make knee injury compensation claims in Ireland, we invite you to call our free legal helpline on 1800 989 995 for advice.
If it is not convenient to call now, please complete our call back request form below, and one of our team of highly experienced Irish solicitors will call you back to discuss making knee injury compensation claims in Ireland.
