If you have injured a knee ligament due to the actions – or lack of actions – by somebody who had a responsibility for your health and safety, you may be entitled to make a claim for knee ligament tear compensation. However, not every instance of an injured knee ligament will qualify for knee ligament tear compensation claims; and this article explains some of the factors which can affect your eligibility to claim compensation for an injured knee ligament.
Why a Medical Exam before Seeking Compensation is Important
One factor which is not widely understood in injury claims for a damaged knee ligament is the importance of seeking professional medical care at a hospital or your doctor´s GP surgery. Even if you believe that your torn knee ligament injury is relatively minor – or you received first aid when your injury was sustained – it is essential that the knee injury is professionally diagnosed and recorded in your medical history.
Without proof that an injury has been suffered, it will be extremely difficult to pursue an injury claim for a knee ligament tear and, furthermore, your lawyer would usually require access to your medical notes to calculate how much compensation for an injured knee ligament you would be entitled to claim.
The Process for Injury Claims for a Damaged Knee Ligament
When the strongest possible injury claim for a knee ligament tear has been constructed, your lawyer will write to the negligent party´s insurance company advising them that you are pursuing knee ligament tear compensation claims against their policyholder. Your lawyer´s ‘Letter of Claim’ will be supported by the evidence of negligence and your medical record in the anticipation that – once the insurance company conduct their own investigation into your knee ligament tear compensation- they will accept liability for their client´s negligence.
Should liability be denied, your lawyer will explain to you the procedures and costs of pursuing injury claims for a damaged knee ligament through the courts, and you will have to decide whether if it is worthwhile pursuing the claim further.
How Much Compensation for an Injured Knee Ligament?
Injury claims for a damaged knee ligament are settled according to the nature and severity of your knee injury, based on previous knee ligament tear compensation claims settlements published in the ‘Judicial College Guidelines for the Assessment of General Damages’. The basic figure acquired by your lawyer will be adjusted to account for your age and gender, and the consequences of your torn knee ligament injury on your quality of life – for example, any lack of ability to drive, perform everyday domestic tasks and enjoy leisure pursuits which were a part of your life before the accident.
Your injury claim for a knee ligament tear will also incorporate compensation for any psychological injuries you have been diagnosed with – either due to the nature of the accident which caused your injury or an emotional trauma you have experienced since – and any expenses you have incurred, or may incur in the future, will be recovered in your claim for compensation for an injured knee ligament provided they are justified and can be supported by receipts.
Offers of Compensation
As part of the claims procedure, it is often the case that a report of your torn knee ligament injury accident is provided to the party responsible for the incident via an ‘Accident Report Book’ or an official complaint. Under the terms of their insurance policy, the negligent party may have to forewarn their insurance company of the likelihood of injury claims for a damaged knee ligament being made against them and, in response, the insurance company may approach you directly with an unsolicited offer of compensation for knee ligament tear compensation claims.
No matter how attractive an offer of compensation for an injured knee ligament appears, you should always notify your lawyer about such an offer. Your lawyer will determine whether the offer represents a fair and adequate settlement of your injury claim for a knee ligament tear and advise if you should accept it. Please note that if you inadvertently accept an offer of compensation for a knee ligament injury, and it subsequently proves to be insufficient for your needs, you cannot seek additional knee ligament tear compensation once you have accepted an earlier offer.