Knee – Injury Claim Worth_.

Based on the following sampling of case law, the range for general damages awarded for suffering from knee injuries as a result of an accident is between $13,992 – $62,943 [adjusted for 2023 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.

As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.

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The case law

Brown v. Dhaliwal, 2019 ONSC 1544

• The 55-year-old plaintiff suffered injuries as a result of a slip and fall on icy stairs. Prior to the fall, the plaintiff had suffered a previous injury to his knee, when he fell on some ice three years earlier. The prior injury caused pain that was largely resolved before the slip and fall. The recent fall caused him to tear his meniscus. His ability to work was impacted and therefore, he struggled financially, which caused him severe anxiety. Before reducing by 20% for the plaintiff’s contributory negligence, and after reducing by 15% due to the plaintiff’s pre-existing knee condition, he was awarded $46,750 in general damages.

Alfred v. Loblaws, 2012 YKSC 95

• The 61-year-old plaintiff slipped and fell after stepping on a dolly at a grocery store. She fractured her right knee and was in a cast for six weeks. She returned to work seven weeks after the fall, but suffered residual pain and weakness which caused some minor ongoing limitations. She received $35,000 in general damages.

Roscoe v. Halifax (Regional Municipality), 2011 NSSC 485

• The plaintiff suffered injuries as a result of a trip and fall on a piece of duct tape while playing badminton. She felt immediate pain in her right knee. Examination revealed that she suffered a torn meniscus. She underwent a variety of therapy and treatment for the injury, including arthroscopic surgery. Within 14 months of the injury, the plaintiff was able to return to most of her pre-incident activities with some residual effect. Prior to the incident, the plaintiff suffered from arthritis in her hands, back, and knees. Given the medical evidence, it was more likely than not that the plaintiff’s meniscus injury was caused by the badminton incident, and not by her pre-existing problems. She was awarded $25,000 in general damages.

Rennehan v. Heffernan, 2008 NSSC 39

• The plaintiff was injured when she was struck by a vehicle. The vehicle struck her in the knee, and she was thrown on top of the vehicle, striking the back of her head. She was found to have suffered a significant injury to her medial collateral ligament and a partial tear of her anterior cruciate ligament. At the time of trial, 5-years post-accident, she had made a good recovery, but continued to have problems with her knee. She was awarded $22,000 in general damages.

Wick v. Schlosser, 2005 SKQB 322

• The 52-year-old plaintiff tripped and fell on an icy sidewalk and fractured her kneecap and suffered soft tissue injuries. She required two arthroscopic surgeries, underwent physiotherapy, took analgesic medication, and underwent cortisone injections, but never fully recovered. Her residual symptoms would continue indefinitely into the future. Her ability to participate in physical activities and work was negatively impacted by the accident. She received $25,000 in general damages.

O’Donnell v. O’Blenis, 2004 NBCA 23

• The 23-year-old plaintiff suffered a soft tissue injury to her left knee when she was struck by the defendant while crossing the street. She was prescribed physiotherapy and arthroscopic surgery was performed. At trial, she complained of ongoing pain in the knee area. Prior to the accident, she was an active individual, involved in swimming, basketball, biking, walking, running, and aerobics. She was awarded $20,000 in general damages before it was reduced by 40% for contributory negligence.

Sheppard v. Kennedy, 2002 CanLII 61686 (NL SC)

• The 21-year-old plaintiff suffered injury to his right knee, neck and back in a motor vehicle accident. The minor blow to his right knee led to permanent mild degenerative arthritis in the knee. The plaintiff also suffered a torn cartilage in the right knee, which could be repaired by arthroscopic intervention. Before the accident, he was a student in a carpentry program, in good health and participated in activities such as hockey and cutting firewood. The court found that his injuries would not curtail his social activities, nor restrict his activities around the house in any significant way. He was awarded $40,000 in general damages.

Johnson v. Westfair Foods Ltd., 2001 SKQB 571

• An employee of the defendant struck the 70-year-old plaintiff from behind with a stack of plastic bread cartons. The plaintiff fell forward onto the floor and fractured both of her kneecaps. She spent 10 days in the hospital and was confined to a wheelchair for seven weeks. Severe pain prevented her knees from being casted initially. She received $30,000 in general damages.

Plummer v. J.D. Irving Ltd., 2000 CanLII 4425 (NS SC)

• The plaintiff tripped over a dolly cart while attending the premises of the defendant. He injured his right knee, which became infected and swollen. He was unable to drive for 12 days and had to limit his involvement in his business as a result. He received $8,500 in general damages.