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Torn Ligament/Tendon Damage Claims

Ligament and tendon injury claims

If you’ve suffered a ligament injury and someone else was responsible for the accident, you could make a compensation claim for your injury.

Ligaments are tough bands of soft tissue connecting one bone to another at the joint. These ligaments support the joint and regulate joint movement, and we have a lot of them: there are around 900 ligaments within the entire adult human body, supporting 360 joints.

While our ligaments are elastic and robust, just like any other part of the body they are not immune to injury. In cases where the ligament injuries are substantial, you could be in line to receive significant compensation to reflect the extent of physical pain.

According to the Health and Safety Executive, manual handling at work, awkward or tiring positions and keyboard work or repetitive action were estimated to be the main causes of work-related musculoskeletal disorders before the pandemic.

It’s not only at work that we can suffer ligament damage – it can happen in supermarkets, in leisure centres, in road traffic accidents and elsewhere. If your injury was caused by someone else, they should be held legally accountable to the injured person.

With specialist help from legally trained advisers, you can take the first steps towards making a no win no fee ligament damage claim. To find out more about making a personal injury claim, get in touch as soon as you can by calling 0800 234 6438, or arrange a call back using the claim form on this page.

Can I make a no win no fee ligament damage claim?

A personal injury claims solicitor will take on your case on a no win no fee claims basis, which removes the financial risk to you in bringing a ligament damage claim. It means you need not worry about how much your claim could cost because if it is not successful, you will not have to pay out any legal fees.

And if you win, you will receive the compensation you’re entitled to – out of which you will pay what is known as a solicitor’s success fee. This success fee is a percentage of your compensation, but never more than 25% of what you recover for ligament damage.

It’s reassuring to know that getting started with your no win no fee ligament damage compensation claims is simple – simply call 0800 234 6438 to access free no obligation legal advice from a specialist personal injury solicitor. They’ll talk you through your accident, explain your options then partner you with a specialist team of personal injury lawyers within a ligament damage injury claims team who will begin your compensation claim.

Injury solicitors are regulated by the Solicitors Regulation Authority – giving you much needed peace of mind during the no win no fee compensation claims process.

What is a torn ligament?

Ligaments are just one part of our musculoskeletal system (which also comprises our bones, cartilage and other soft tissues). A ligament may be torn when an extreme force is exerted on a joint, whether that’s during a sports activity, road accident or a fall from height. When the joint takes such a force, the ligament – and sometimes the surrounding tissue – can suffer a tear. Think of an elastic band – if you stretch it, it will only stretch so far. If it’s stretched beyond its natural stretching ability, it’s likely to tear or snap.

Unfortunately, torn and damaged ligaments are very painful and can lead to swelling and bruising. On the other hand, they usually heal fairly quickly – minor tears can take 3-8 weeks to heal, and back sprains may take even less time. However, significant ligament injuries may take months to heal and could require surgery.

Your recovery may also take longer if you’ve sustained multiple injuries, for instance if you’ve been badly injured in a road traffic accident. In addition to ligament damage, you may also have sustained tendon injuries such as a torn tendon; knee injuries; and broken bones. You may also have suffered emotional trauma as a direct result of the accident (which you can also claim for).

While you are recovering from ligament damage, it’s highly likely the mobility of the affected joint is severely reduced, leaving you unable to undertake some of your normal daily activities. You may even be unable to walk or to work for some weeks, at least.

Fortunately, if your injuries were caused because of someone else’s negligence, you are likely to be able to claim ligament damage compensation, which can include an amount to cover any lost earnings. Personal injury claims for soft tissue damage, such as for torn and damaged ligaments are a common compensation claim and your lawyers will be highly experienced in dealing with these cases.

What are the most common ligament injuries?

Given the number of joints and ligaments we have in our bodies, it’s no surprise that there are several different types of ligament tear that can occur. Some ligament tears are single injuries while other injuries, for example a bone fracture or dislocation, can also involve serious ligament damage.

The most common type of torn ligament are:

Wrist and hand ligament injuries

The muscles in the hands can also be strained, torn or sprained when placed under extreme stress, including a sudden twisting movement.  A tear to the thumb ligament can be immensely painful and cause weakness. Severe thumb tears may need surgical repair.

Dislocation

A dislocation, typically affecting the elbow, knee or shoulder – is uncommon but can be extremely painful. Dislocation happens when the surfaces of the joint are separated and can often lead to a tear in the ligament and, in some cases, tendon damage. Dislocation can be complete or partial and urgent medical treatment might be necessary.

Sprains

A sprain is a twisted or torn ligament (a strain involves the muscle or tendon). Sprains can even cause ruptured ligaments – these are severe injuries where the ligaments tear completely or come away from the bone. Tendon damage can also be caused in the case of serious sprains.

The most common type of sprain is an ankle sprain (usually the outer side of the ankle), though wrist sprains are also quite common. A shoulder sprain or shoulder ligament tear can be caused by direct trauma or repetitive arm movements, such as playing tennis.

You can also suffer a back sprain, where a ligament is torn – usually in the lower back (the lumbar region). And whiplash, a common injury resulting from a road traffic accident, can cause a painful ligament tear in the neck.

Torn anterior cruciate ligament (ACL injury)

The ACL is a major component in the knee, attaching the femur (the thigh bone) to the tibia (the shin bone). If the ACL suffers a tear, the knee can give way and pain and discomfort is likely. Contact sport players, particularly footballers and rugby players are particularly prone to ACL knee injury. ACL injuries are often graded – grade 1 being the mildest. In serious cases, such as a grade 3 tear, surgery may be required to repair the ACL tear.

Torn medial collateral ligament (MCL)

The MCL is the major ligament on the inner side of the knee. A tear injury to the MCL can also cause instability as well as pain and immobility. These injuries are typically the result of a sudden blow to the ligament or forceful turning during contact sports such as rugby and football.

Torn ulnar collateral ligament (UCL)

The UCL ligament is found on the inner side of the elbow and connects the upper arm to the forearm. Individuals who use their arms particularly in a swinging motion, such as tennis and gold players, gymnast and football players are more likely to suffer a UCL tear.

Hip injuries

The hip is one of the most stable joints in the body, comprising hip joint and hip bone, and held together by ligaments, muscles and tendons. In fact, the liofemoral ligament is the strongest ligament in the body, but can be torn by overuse or by direct traumatic injury. If it’s torn, the injured person’s recovery time could be relatively long. In serious cases, surgery may be needed. There’s also the risk of a tendon injury in the hip, which will prolong the injured person’s pain and recovery time.

CASE STUDY

A primary school teacher in Cheshire won £155,083 after she was assaulted by a pupil in the classroom. The child grabbed the teacher’s neck and her right hand and twisted her wrist, leaving her with ligament damage.

SOURCE: INews

FACT

There are 4 major knee ligaments, 4 major ankle ligaments – and 20 ligaments in the wrist

SOURCE: Very Well Health

What are the most common causes of ligament injuries?

The majority of ligament injuries are caused by sports activities, but by no means all. In fact, you can tear a ligament in your ankle simply by twisting your ankle when walking along the street or running and landing awkwardly. Anyone who has joint hypermobility syndrome, or a degenerative joint disease can also lead to ligaments becoming loose, stretch and weak, making them more susceptible to a ligament or tendon injury.

However, there are numerous instances where ligament injuries, tendon injuries, and other soft tissue injuries are caused by an accident involving negligence – leading to successful ligament injury compensation claims by the injured person.

In the UK, the most common non-accidental causes of torn ligament injury that could lead to a no fee no fee compensation claim include:

  • Falls from heights
  • Road traffic accidents
  • Accidents in supermarkets
  • Sports injuries – find out more about claiming sports injury compensation
  • Heavy lifting
  • Weightlifting
  • Workplace accidents, particularly where a worker’s role is in carpentry, construction or manufacturing
  • Overuse or repetition in movements
  • Failing to ‘warm up’ before exercising

While these are the most common causes, there are also added risk factors that may make an individual more susceptible to a soft tissue injury. This includes obesity, a sedentary lifestyle, smoking, and underlying health conditions.

However, even if you’re more susceptible to suffering an injury – this does not mean you can’t claim compensation if you’ve sustained a torn ligament and it was someone else’s fault. Always take specialist advice from personal injury solicitors who can work on your behalf to hold to account those responsible for your injury. You are likely to be able to start a no win no fee ligament damage claim for compensation.

How do I know if I have a ligament tear?

If you’ve torn or damage a ligament or suffered, eg a tendon injury, whether that’s in your shoulder, wrist or another joint – you’re likely to be experience a fair amount of pain and tenderness. Your symptoms may also include some of the following:

  • Restricted mobility, for example, at the shoulder, keen, elbow or wrist. A torn knee ligament severely restricts mobility.
  • A stiff knee or elbow joint
  • Worsening pain
  • Muscle cramps or spasms
  • Tenderness and swelling
  • Weakness in the hands, wrists or lower arm
  • Joint instability
  • Tingling or numbness in some of your fingers

The most important step you can take if you think you may have a ligament injury is to seek medical attention and get treatment as soon as possible. This is important not only for your physical recovery, but your medical records will be vital if you go onto to make a ligament damage claim.

What are the complications of a ligament tear?

With the right care and medical advice, you should recover relatively quickly in less severe cases of torn ligaments. Unfortunately, once you have suffered ligament damage you’re at much greater risk of joint degeneration, including arthritis and osteoarthritis – and continued caution will need to be taken to minimise the risk of a further ligament or other soft tissue injury.

There’s also the chance that your injury fails to recover properly on its own, meaning that ligament repair surgery becomes an option – usually this will be for the knee ligament. However, surgery involves further risks including longer recovering time, prolonged immobility, time off work and risks of infection.

Where complications were to materialise, your solicitors will ensure your compensation settlement takes this into account.

FACT

Manual handling in the workplace is a high-risk activity which frequently causes torn ligaments and other soft tissue injuries.

SOURCE: HSE

Am I eligible to make a claim?

Anyone who has suffered ligament damage and any other injury as a result of an accident that was someone else’s fault, can claim compensation. So if you’re not to blame for your torn ligament injury, it is really important to start a personal injury claim as early as possible because of the potentially significant impact on your life.

Most accidents happen because of negligence or a breach of duty of care towards the injured person. If your torn ligament injury is the direct result of negligence or breach of duty, it doesn’t matter whether you’re a worker/employee, a member of the public or a patient, you should almost certainly be able to make a ligament damage claim if it was caused by someone else.

For ligament injuries sustained in a car accident, your claim will be against the insurance company of the at-fault driver; if your injury occurred at work, you can bring a claim for employer negligence against the employer’s insurance company under its liability insurance policy. If the accident happened somewhere else, your solicitors will start the claim against the person or organisation who should be held legally liable.

To find out about the no win no fee claim process for claiming torn ligament compensation, get in touch for free advice on 0800 234 6438, or arrange a call back using the claim form on this page.

Can I claim against my employer for a torn ligament?

We all expect to go to work and feel safe from the risk of injury while we do our job, however, workplace accidents do happen from time to time. The reality is that not all employers take adequate precautions to minimise the risks to health and safety of their workers, raising the risk of an accident.

Workers who do significant amounts of manual handling work are at particular risk of ligament injuries, including construction site workers and those working in warehouses and on industrial sites. Workers who carry out repetitive work are also more likely to sustain a torn ligament, along with repetitive strain injury and other injuries.

If you’ve suffered a ligament injury, torn tendon, or suffered other injuries in an accident at work through no fault of your own, it’s highly likely your employer was negligent and should be held to account. All employers have a legal duty of care towards their workers, including several general duties under the Health and Safety at Work etc. Act 1974, including:

  • Carrying out risk assessments and acting promptly if any risks to health and safety are identified
  • Implement proper training and ensure workers are effectively supervised
  • Providing the correct equipment and that it is in safe working order enabling you to be able to do your job safely
  • Making sure there are appropriate and visible hazard signs warning of any slip and trip hazards or other risks

If your role involves using lifting equipment or other equipment that carries a potential risk of injury, employers are also expected to comply with The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and The Provision and Use of Work Equipment Regulations 1998 (PUWER).

The fact is, employees and workers enjoy robust protection under health and safety laws, so if you’ve suffered a torn ligament at work, you have a good chance of being able to secure personal injury compensation.

Your personal injury lawyer need only to prove that your employer breached its duty of care towards you, and your torn ligament and any other injuries were the direct result. If you’ve not already done so, make sure the incident has been formally logged in your employer’s/organisation’s accident logbook as this will be useful evidence in your claim.

For a free initial consultation about how ligament damage compensation claims are started, speak to a trained legal adviser on 0800 234 6438, or fill your details into the online form to request a call back.

CASE STUDY

An employee had his foot crushed and suffered torn ligaments when a telescopic loader reversed into him. The company was prosecuted for failing to assess the risks for not separating people from moving vehicles. It was fined £4,000 plus costs.

SOURCE: HSE

My ligament tear wasn’t diagnosed – can I make a medical negligence claim?

Doctors should have little problem in diagnosing and treating ligament injuries, but you may need to be seen at your accident and emergency department. It is diagnosed by a thorough physical examination and discussing your symptoms. You may be referred for an MRI scan to determine the extent of the damage and then discuss treatment options with you.

Where a torn or ruptured ligament is missed or misdiagnosed, or you’re given the incorrect treatment, you could have a claim in medical negligence. It’s not always simple to prove negligence, but if it can be established that clinical negligence directly led to your injury worsening or you have gone on to suffer additional complications, you have a good chance of securing compensation.

To find out if you are able to make a medical negligence claim for your ligament injury, get in touch as soon as you can with a trained legal advisor for free no obligation advice on 0800 234 6438, or arrange a call back using the claim form on this page.

How much compensation can I claim for a ligament injury?

Torn ligaments are painful, often immobilising and can take weeks if not longer to fully heal. These types of injuries are often worse than other types of soft tissue injuries and you deserve to be compensated properly.

How much ligament damage compensation claims are worth depends on a number of factors and each case is considered on its own facts. These include the nature and extent of your injuries and your prognosis and recovery – a more severe injury will be worth more than minor soft tissue damage.

It’s usually quite difficult to give guidelines figures for your torn ligament injury claim so early on, but there are official guidelines for compensation which personal injury specialists refer to when calculating how much compensation an injured person may be entitled to.

These suggest, for example:

  • Moderate back injuries – £10,450 to £23,210
  • Elbow injury with long-term issues – £12,480 to £25,510
  • Moderate shoulder joint injury – £7,402 to £11,979

Please also feel free to try the online compensation calculator for a rough, initial estimate of how much your torn ligament injury compensation claim is worth – but bear in mind it should only be treated as a guide. Your specialist torn ligament injury solicitors can discuss this with you in more detail.

If you’ve suffered further injuries, as well as a torn ligament, your compensation will be calculated by quantifying the most serious injury first, then adding a further amount to reflect the other injuries. For example, if your case includes a mild tendon injury claim, your lawyer will first calculate the compensation you’re entitled to for your ligament tear, then add a percentage of what a mild tendon injury would be worth.

Your specialist lawyer will explain this calculation method to you in due course and will be able to answer any questions you might have.

Can I claim for lost earnings and other expenses?

In addition to your general damages, you can claim for your actual financial losses, such as loss of earnings while you were off work. This compensation is specifically intended to ensure you’re not left out of pocket.

Special damages covers items such as:

  • Loss of earnings, bonuses and overtime
  • Prescription costs and other medical expenses, eg the cost of further surgery
  • Care costs, if a loved one has had to take time off work to care for you

It is important to keep all receipts, invoices and pay slips of losses to date to pass onto your specialist torn ligament injury solicitor in due course. These will be used to build your claim for special damages.

DID YOU KNOW: In the year 2020-2021, 162,000 workers suffered from a new musculoskeletal disorder, with workers in the construction sector experienced the most, followed by the health and social care sector.
SOURCE: HSE

How long will my torn ligament compensation claim take?

Torn ligament injury claims can take months, if not longer to settle, and in serious cases where further surgery is required – it can take much longer.  If the other side admits liability, it can shorten the time it takes but you can expect it to take a long time for your lawyers to investigate and gather all the information required to enable negotiations for a fair settlement to begin.

Once of the challenges is that it can take a long time to get an accurate prognosis following a torn ligament injury, especially if you’re also recovering from other injuries. You need to know that your specialist solicitors will not advise settling your claim until it is known what the long-term impact of your injuries is likely to be. For these reasons, it’s important to begin your claim early.

Thankfully, the vast majority of compensation claims settle before court proceedings becomes necessary, and that will be your solicitor’s aim. However, if court becomes a possibility, your solicitor will talk you through the court process.

Get in touch on 0800 234 6438 to arrange a free initial consultation with an experienced team of specialist torn ligament injury lawyers.

How can I make my claim?

If you have suffered a ligament injury and it was not your fault, you could make an injury claim. It’s important to get early advice from specialist lawyers, so get in touch as early as you can for specialist guidance about starting the no win no fee compensation claims process.

It’s vital to discuss your case with ligament injury specialists to ensure you recover the maximum amount of compensation that you deserve. They will take full details from you, particularly the nature of your ligament injury and your recovery, and any long-lasting impact on you and your life.

It is also a good idea to keep a journal from the start, recording your recovery and the wider impact on your life. All this information will be crucial in helping your solicitor build the strongest possible case on your behalf, enabling you to recover maximum compensation.

Will I require a medical assessment?

The particular challenge with torn ligament injuries is that the full extent of how they affect your bodily functions and movement can take a long time to become apparent. Your solicitors will start to gather evidence to support your claim, including obtaining your medical records relating to your injuries so far.

Expert medical evidence from a specialist doctor – possibly an orthopaedic consultant – will also become necessary – your solicitor will arrange this for you when the time comes. The specialist will look into the full background of your torn ligament injury and any other injuries, examine you carefully and discuss your ongoing physical limitations and symptoms and whether they think further surgery may be necessary.

The medical expert will then write a detailed report based on your assessment.  Your lawyers will rely on this to negotiate a fair settlement for ‘general damages’ to compensate you for your injury, pain and suffering.

How long do I have claim compensation after injury?

As in most personal injury cases, you have a three-year time limit from the date of the accident to start legal proceedings for compensation. After three years, you may be ‘time barred’ from making a claim for injury compensation. In the case of a child, the three years starts from the time they reach 18 years of age.

However, it’s always best to get the ball rolling as soon as possible while events are fresh in your mind and witnesses are still contactable.

To find out if you can make a claim, get in touch as soon as you can and speak with a trained legal advisor on 0800 234 6438, or arrange a call back using the claim form on this page.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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