A Guide To Making A Ligament Damage Claim

Ligament damage can be an extremely painful injury. In more severe cases, you might have to face surgery and go through a long period of recovery. If you are suffering because a third party breached their duty of care, you could be entitled to begin a ligament damage claim.

First, in this guide, we discuss what ligaments are and what some symptoms are of ligament damage. We then look at when you might be entitled to begin a ligament injury claim and what relevant criteria you would need to meet. With this, we look at what duty of care is owed to you and by whom when you are working, on the road, and in a public space.

Furthermore, we list examples of how an accident may happen in these situations and how they could cause you to suffer ligament damage. After this, we examine how personal injury compensation is calculated for ligament damage and what types of evidence can best prove your claim

This guide concludes by discussing the benefits of a No Win No Fee agreement. This is the basis on which our panel of solicitors work.

To discuss whether you can claim ligament damage compensation with a specialist solicitor from our panel, please chat with one of our advisors today. Having a chat with an advisor is free, and they are available 24/7:

Call 020 8050 2736.
Enquire about a claim online.
Use our live chat box.

Jump To A Section:

What Are Ligaments?
Can I Make A Ligament Damage Claim?
What Are Common Accidents That Could Lead To Ligament Injuries?
How Much Compensation For Ligament Damage?
What Evidence Could I Use In A Ligament Damage Claim?
Why Claim For Ligament Injuries On A No Win No Fee Basis?
Read More About Claiming Personal Injury Compensation

What Are Ligaments?

Ligaments are bands of connective tissue that help keep bones, organs, and joints together. They are made up of cord-like elastic fibres and collagen, which is a protein.

Ligaments help keep bones, organs, and joints in place to make sure that they don’t get misplaced or twisted. Ligaments can also stabilise and strengthen bones, muscles, and joints.

What Are Symptoms Of Ligament Damage?

If you over-stretch or tear a ligament, here are some potential symptoms you could suffer:

Pain.
A loose feeling and weakness in the particular joint.
Bruising.
Swelling.
An inability to put weight on the affected limb.
A snapping or popping sound.
Cramping and muscle spasms.

You might be entitled to make a ligament damage claim and receive compensation for your pain and suffering if you have suffered ligament damage in an accident. To find out your claim eligibility, please continue reading or contact us using the phone number at the top of the page.

Can I Make A Ligament Damage Claim?

You might be able to make a ligament damage claim if you can prove that negligence occurred. Negligence is when all the following criteria are met:

A third party owed you a duty of care, such as your employer.
The third-party breached their duty of care. For example, your employer failed to conduct risk assessments.
As a direct result of this breach of duty, you suffered a ligament injury.

A duty of care is a legal responsibility placed on someone for your health and safety. If this duty is breached, this could lead to an accident where you are injured. Some examples of when you are owed a duty of care are set out below.

At Work

While you are working, your employer owes you a duty of care, as enforced by the Health and Safety at Work etc. Act 1974. As such, all employers must take reasonable and practicable steps to ensure the safety of their employees.

Here are some things that employers can do to adhere to their duty of care and prevent an accident at work:

Conduct risk assessments and maintenance checks on the workplace’s equipment, facilities, and premises on a regular basis.
Provide employees with the appropriate Personal Protective Equipment (PPE) they need to complete tasks safely.
Provide employees with the appropriate training they need to complete tasks safely.

On The Roads

While you are on the road, whether as a driver, a cyclist, or a pedestrian, you are owed a duty of care by all other road users (and likewise, you also owe all other road users a duty of care). You and all other road users must use the roads safely and responsibly to avoid causing harm to each other. As such, all road users must follow the rules and regulations set out in The Road Traffic Act 1988 and The Highway Code as part of their duty of care.

Here are some things that road users are expected to do to adhere to their duty of care and prevent a road traffic accident:

Follow the set speed limits of roads.
Not driving whilst under the influence of drugs or alcohol.
Following the rules of crossings, e.g. stopping at a red light at a pelican crossing.

Public Places

While you are in a public place, such as a park, shopping centre, or library, the occupier of that space (the party that has control) owes you a duty of care, as enforced by the Occupiers’ Liability Act 1957. As such, all occupiers must take steps to ensure the reasonable safety of the public visitors to their space.

Here are some things that occupiers can do to adhere to their duty of care and prevent an accident in a public place:

Respond to any reports of hazards in their space as soon as they possibly can.
Implement health and safety procedures, such as displaying warning signs.
Conduct risk assessments and maintenance checks on their space’s equipment, facilities, and premises on a regular basis.

If you believe that you suffered a ligament injury because a third party breached a duty of care that you were owed, please get in touch with us to see whether you could make a personal injury claim.

What Are Common Accidents That Could Lead To Ligament Injuries?

Below are some examples of accidents in each of the above locations which could possibly lead to a ligament damage claim:

At work, your employer fails to provide you with manual handling training. So, while you are carrying heavy stock, you use the incorrect lifting technique and suffer ligament injuries in your back as a result.
While shopping in a supermarket, a spillage occurs on an aisle floor. Despite being aware of the spillage, no wet floor signs are displayed. As a result, you slip and fall and suffer a torn ligament injury in your ankle.
While waiting at a red light, the car behind you fails to stop because they were distracted looking at their phone. This leads to a rear-end collision with your vehicle and you suffering multiple injuries, including a neck injury and ligament damage in your back from the impact.

These are only a few examples. Please don’t hesitate to speak with an advisor today for free about your specific circumstances to see whether you could make a ligament damage compensation claim.

How Much Compensation For Ligament Damage?

If you are successful, the amount of ligament damage compensation you could claim will depend on the unique factors affecting your case.

However, your final settlement could consist of two heads of claim: general and special damages. While a payout for general damages is always given for successful personal injury claims, a payout for special damages is only sometimes given.

A general damages payout will compensate you for the emotional and physical effects you have suffered due to your ligament injury. Some factors that are taken into account for this payout include:

Loss of amenity.
The extent of your pain.
How long the recovery period is.

During the claims process, you may be asked to have an independent medical assessment to assess the extent of your ligament injuries. The reports from this assessment can be referred to alongside the Judicial College Guidelines (JCG) to help determine the value of your general damages payout.

The JCG is a publication which lists varying guideline compensation brackets for all sorts of physical and psychological injuries.

Guideline Compensation Brackets

We have taken some different types of tendon or ligament injuries and their accompanying compensation guidelines from the JCG and included them in the table below. The first entry, however, has not been taken from the JCG.

This table, however, should not be used as a guarantee for what you could potentially receive if your ligament damage claim is successful. This is because all claims are unique in circumstance.

Injury	Severity	Guideline compensation brackets	Comments
Multiple serious injuries with special damages	Serious	Up to £250,000+	An award for suffering multiple injuries that are serious in nature with financial losses such as loss of earnings and travel expenses.
Knee	Severe (a) (i)	£85,100 to £117,410	Disruption of the joint and gross ligamentous damage that leads to considerable pain and loss of function.
	Severe (a) (iii)	£31,960 to £53,030	A ligamentous injury where the need for remedial surgery may occur in the long term.
	Moderate (b) (i)	£18,110 to £31,960	A torn cartilage or meniscus which leads to minor instability and weakness.
Neck	Severe (a) (iii)	£55,500 to £68,330	Ruptured tendons that cause significant and permanent disability and chronic conditions.
Leg	Severe (b) (iii) Serious	£47,840 to £66,920	Serious joint or ligament injuries that result in prolonged treatment and instability.
Back	Moderate (b) (ii)	£15,260 to £33,880	Disturbance of muscles and ligaments that lead to backache.
Ankle	Moderate (c)	£16,770 to £32,450	Ligamentous tears which cause difficulty to walking and standing for long periods of time, and awkwardness on stairs.
	Modest (d)	Up to £16,770	Ligamentous injuries or sprains. Whether a complete recovery is made will affect how much is awarded.
Hips and Pelvis	Lesser Injuries (c) (i)	£4,820 to £15,370	A ligamentous injury that fully resolves withing two to three years.

Special Damages

A special damages payout can compensate you for the financial losses you have suffered due to your ligament injury. Some types of financial losses which could be reimbursed in this payout include:

Any loss of earnings from having time off work to recover.
Prescription and pain relief costs.
Travel costs to attend hospital appointments.

Since a special damages payout is not always guaranteed in a successful ligament injury compensation claim, it is important to provide evidence of your financial losses in the form of payslips, invoices, bank statements, and receipts.

To learn more about how much compensation could be given for a successful ligament damage claim, please contact us today. Our advisors can tell you more.

What Evidence Could I Use In A Ligament Damage Claim?

When making a ligament damage claim, these types of evidence could be helpful in proving that your injury was caused by a breached duty of care:

CCTV footage of the accident occurring. This could identify how the accident happened.
Contact details from any witnesses who saw how the accident happened.
Copies of your medical records that show the extent of your ligament injury.
Photographs of your injury, if it is visible, or the accident scene.

It may seem daunting to have to gather all of your evidence. This is why one of the personal injury solicitors from our panel can help gather evidence as part of their standard services. You can find out whether you can connect with a specialist solicitor from our panel by having a chat with one of our advisors.

What Is The Time Limit To Claim For A Torn Ligament Injury?

The time limit to start a personal injury claim for a torn ligament injury is typically 3 years from the date that the accident occurred, as established in the Limitation Act 1980.

However, those who are minors at the time of injury and those lacking the mental capability to manage their own claim will have exceptions made to this time limit.

To find out what the exceptions to this time limit are, please speak with an advisor.

Why Claim For Ligament Injuries On A No Win No Fee Basis?

If your ligament damage claim is valid, our advisors can connect you with a specialist personal injury solicitor from our panel. All of the solicitors from our panel usually work with their claimants under a Conditional Fee Agreement (CFA). This is a specific type of No Win No Fee agreement.

Here is why it might be best for you to claim compensation under a CFA:

There are no upfront solicitor service fees.
There are no ongoing solicitor service fees.
If you have an unsuccessful claim for ligament damage, you pay no solicitor fees at all for their work.
If you have a successful claim for ligament damage, your solicitor will just take a success fee from your compensation. Success fees are a small percentage that the law caps. The cap ensures that you will keep the majority of your compensation.

Contact Us Today

Contact us today if you have suffered a ligament injury in an accident that wasn’t your fault. Our team can advise you about making a ligament damage claim for free. If you are connected with one of the No Win No Fee personal injury solicitors from our panel, they can help you throughout the whole claims process and give you free legal support. Here is how to have a free chat with us:

Call 020 8050 2736.
Enquire about a claim online.
Use our live chat box.

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