£105,000 Compensation for Knee Injury and Chronic Pain

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Amy Baker

Graduate Solicitor Apprentice

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Ms S suffered a serious knee injury after falling off a zip wire at an outdoor camping and activity centre. As a result of the accident, she had to have regular physiotherapy and spent around 6 months off work.

After returning to work, Ms S struggled with various tasks, so she agreed to have surgery on her damaged knee. She went back to work six months after the operation, but the pain continued and she had to wear a specialist knee brace.

Although she worked extremely hard on her rehabilitation, she then had to undergo an unrelated operation, which led to a period of immobility – as she  was unable to move her injured knee and this led to a flare-up and extreme exacerbation of her pain.

She suffered colour changes in her knee and redness, swelling and an intense burning pain. She was diagnosed by her treating consultants as suffering from a debilitating pain condition called Complex Regional Pain Syndrome (CRPS).

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To find out more about how we can help following a knee injury, get in touch with our personal injury team.

Client Situation

Ms S underwent a nerve block, which is a local anaesthetic injected into the nerves to make them numb – but sadly this was unsuccessful in easing her symptoms. She was also offered a pain management programme, as well as the option of considering Spinal Cord Stimulation Treatment.

Prior to the accident, Ms S had been a very active person, enjoying walking, Zumba and many sports activities. But after the zip wire fall, she unfortunately couldn’t run or take part in any sports.

The accident also affected her mental health, as she suffered from panic attacks, anxiety and stress in the months afterwards. She also lost confidence and was worried that she wouldn’t be able to cope if she was to have another injury.

Ms S contacted our Personal Injury Solicitors for a free consultation and legal advice, and after listening to what had happened, we felt she had a strong claim for compensation.

We agreed to deal with the case on a No Win, No Fee basis.

How We Helped

We arranged for Ms S to have medical assessments by independent orthopaedic and knee specialists, as well as a clinical psychologist and an expert in pain medicine. They prepared medical reports detailing her injuries and how they have affected her life.

We also investigated what caused the accident and found that the outdoor activity centre had failed to make sure Ms S was properly positioned on the zip wire seat.

On the evening of the accident, the owner of the centre had watched as Ms S tried to sit herself on the seat. But at no point did he tell her that she was doing it wrong, so she was off the ground before she was safely seated.

The outdoor activity centre accepted responsibility for the accident, so we started negotiating with them to agree a fair compensation settlement. This would reflect the pain and suffering Ms S had gone through since the accident, as well as the financial impact.

For example, Ms S had to pay for her home to be adapted and mobility aids to help her live with her injuries, including a shower seat and a self-propelling wheelchair.

She also felt unable to wait for medical appointments on the NHS because of her anxiety, so had paid for private medical treatment instead – all adding up to a considerable cost.

Another cost to consider in the compensation settlement was the amount of care given by family members, as this went over and above what would normally be expected.

Unfortunately, Ms S’s knee condition is expected to get worse as she gets older, so we also looked at her likely future needs. This may include possible knee replacements, extra care and assistance, and pain management treatment.

The Outcome

Ms S was awarded £105,000 in compensation for the zip wire accident. This will help her get the care and support she needs, including more aids and home adaptations and possibly an automatic car.

The compensation also means she can carry on receiving the physiotherapy she needs, and access the private pain treatment programmes that have been recommended to her.

It should also help ease any financial worries if she must have more surgery on her knee and take more time off work.

How Simpson Millar Can Help You

If we take on your case and believe it has a good chance of success, your Personal Injury Solicitor can organise a full medical examination to assess the impact of your injuries and how it has affected your life. Once we have this information, we will be able to negotiate with the other party and present them will the full facts of your injuries and your medical prognosis.

If you have been involved in an accident similar to Ms S or have any questions about an injury you have suffered in a public place, get in touch with a member of the team of Personal Injury Solicitors today on 0808 239 3227. Let us help you.

References:

NHS. (n.d.). Physiotherapy. Retrieved from https://www.nhs.uk/conditions/physiotherapy/

NHS. (n.d.). Complex Regional Pain Syndrome (CRPS). Retrieved from https://www.nhs.uk/conditions/complex-regional-pain-syndrome/

Johns Hopkins Medicine. (n.d.). Nerve Blocks. Retrieved from https://www.hopkinsmedicine.org/health/conditions-and-diseases/nerve-blocks

Amy Baker

Graduate Solicitor Apprentice

Amy is a Graduate Solicitor Apprentice within our Personal injury department, based in our Manchester office.

She helps clients who have sustained injuries resulting from accidents at work and accidents in public places to recover compensation for the injuries they have sustained.

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