No Win, No FeeOur shoulders are one of the most active joints in the body. They are involved in many functions including lifting, pushing, pulling and carrying. As such, any injury to the shoulder can have quite an impact on your personal life and your ability to work. As a result, you might decide to seek compensation if your shoulder injury was caused by someone else’s negligence.
Whether you’ve injured your shoulder in a workplace accident or after tripping on a pothole, this article on shoulder injury compensation claims should help. We’ll explain what types of negligence might entitle you to compensation and how a personal injury solicitor could improve your chances of winning your claim.
We are here to support you if you do decide to take action. Initially, we’ll review your shoulder injury claim during a no-obligation telephone consultation. As part of your call, you’ll receive free legal advice about your chances of being compensated. If your claim appears to be viable, we’ll ask one of our personal injury lawyers to discuss it in more detail with you and if they agree to represent you, they’ll provide their skills and experience on a No Win, No Fee basis.
Please call us today on 0800 652 1345 if you’d like to discuss your claim straight away. Otherwise, please read on to find out if your shoulder injury might mean you’re entitled to be compensated.
Am I Entitled to Compensation for a Shoulder Injury?
Our solicitors don’t want to waste your time or theirs. For that reason, they’ll only accept shoulder injury claims they believe can be won. To try and verify this before accepting your case, they’ll attempt to ascertain whether:
- You were owed a duty of care by the defendant; and
- The defendant was negligent and caused an accident (thus breaking their duty of care); and
- Your shoulder injury was sustained in the accident.
If all three statements above are true in your case, one of our personal injury solicitors could help you to claim compensation for your injuries.
To help determine whether you were owed a duty of care, your solicitor will usually refer to legislation. For instance, if you injured your shoulder at work, the Health and Safety at Work Act 1974 might apply. Similarly, if you were knocked off of your motorbike in an RTA, the Road Traffic Act 1988 could be referred to in your claim.
You shouldn’t worry too much about proving a duty of care as this is something your solicitor will do. Instead, you should concentrate on collecting evidence to prove how your accident happened and who was to blame. We’ll explain how to do this later on.
Common Examples of Shoulder Injury Claims
Common examples of when you may be entitled to compensation for a shoulder injury caused by someone else include:
- Workplace accidents: Shoulder injuries can result from accidents caused by unsafe working conditions, such as lifting heavy items without proper training or handling equipment that wasn’t maintained. Repetitive Strain Injuries (RSI) from repetitive tasks or overexertion are also common causes of shoulder damage.
- Road Traffic Accidents: Cyclists and motorcyclists are especially vulnerable to shoulder injuries in RTAs. A collision caused by another driver’s negligence can lead to dislocated shoulders, fractures, or soft tissue damage from falling onto the road or being struck by a vehicle.
- Public liability accidents: Shoulder injuries in public spaces often happen due to poorly maintained premises. For instance, slipping on a recently polished floor without warning signs or falling due to uneven pavements or steps can result in significant shoulder damage.
- Medical negligence: Mistakes during surgery or improper treatment of shoulder conditions can lead to avoidable injuries. For instance, surgical errors or delayed diagnosis of a dislocation or rotator cuff tear could worsen the condition and lead to long-term complications.
- Falling from height: Whether on a construction site or in a public place, falls from height off ladders, scaffolding, or elevated platforms can cause severe shoulder injuries, including fractures or nerve damage.
- Manual handling injuries: Improperly lifting or carrying heavy objects without adequate training can strain or tear the muscles and ligaments in the shoulder, leading to painful and debilitating injuries.
- Sports accidents: Organised sporting events or recreational activities with unsafe conditions, such as poorly maintained equipment or lack of supervision, can result in shoulder injuries like rotator cuff tears or joint dislocations.
To claim shoulder injury compensation, you must demonstrate that another party was at fault and that your shoulder injury caused you harm.
What Types of Shoulder Injuries Can I Claim For?
We could help you to get compensation for any type of shoulder injury if it was sustained in an accident caused by someone else. We’ve listed some of the most common shoulder injuries that are claimed for below:
- Dislocated shoulder.
- Fractured or broken shoulder bones.
- Cartilage or ligament tears.
- Frozen shoulder.
- Rotator cuff tear.
- Bursitis.
- Arthritis.
- Nerve damage.
- Brachial plexus damage.
Some shoulder injuries can be repaired in around 6 months. A sling might be needed to aid this process and your bones might need to be manipulated by a doctor. However, more serious shoulder injuries can be life-changing and result in paralysis of the arm if surgery is unsuccessful.
If you’ve suffered a shoulder injury because of someone else’s negligence, why not call our team to see if we could help you to claim compensation for your suffering?
What Evidence Do I Need for a Shoulder Injury Compensation Claim?
Whether you’re claiming for an accident at work or a road traffic accident, most shoulder injury compensation claims will be passed to the defendant’s insurers. That means you’ll need to prove to them how your accident occurred, why their client was to blame and how severe your injuries were. To do this, any of the following evidence could be useful:
- CCTV footage: There’s no doubt that camera footage of an accident is a great way to prove what happened. If your accident was captured on camera, try to secure a copy of the recording as soon as possible.
- Witness information: Sometimes a witness statement can help to clarify what happened. That’s especially true if what you and the defendant say differs. As such, ask any witnesses for their contact details before they leave the scene.
- Medical notes: After being treated at a hospital, you can request for your medical files to be sent to you. These can be used as evidence to show what injuries you sustained and the treatment that was required.
- Accident report forms: Accidents in public places, at work or on business premises will usually be recorded in an accident report book. Your copy of the report will make it very difficult for the defendant to deny the accident took place.
- Photographs: If you’re able to do so safely, it’s a good idea to take pictures of the accident scene on your phone. Ideally, this should include photos from various angles and they should be taken before the cause of the accident is moved or repaired.
If you have secured proof relating to your shoulder injury, please call or contact us if you would like us to review it with you.
Will I Need a Medical Assessment for My Shoulder Injury Claim?
If you can’t prove the extent of your shoulder injuries, it can be very difficult to ensure you are compensated for your suffering. As such, medical records, scan results and X-rays are essential forms of evidence to support your claim.
Additionally, your solicitor is likely to arrange an independent medical assessment during your claim so that a medical expert can discuss your injuries with you and examine you. Their report can be used as further evidence to prove how your shoulder injury has caused you to suffer and whether it will result in any long-term disability.
What Is the Time Limit to Make a Shoulder Injury Claim?
Any personal injury claim must be made within the permitted time limit. In most cases, shoulder injury compensation claims must be submitted within 3-years of the date of the accident. Where a child has injured their shoulder, the time limit will not apply. Parents can claim on behalf of their child (as a litigation friend) at any point before their 18th birthday.
Our advice here is to begin your claim as soon as you can. That’s because you are more likely to be able to recall what happened the sooner you begin. Also, you’ll have much more time to secure evidence to support your claim.
If the defendant admits that they were to blame for your injuries, your solicitor may be able to request an interim payment so that you can receive private medical care to help you recover more quickly.
How Much Compensation for a Shoulder Injury Can I Claim?
Compensation is not a fine or penalty imposed on the defendant. The idea is that any settlement that’s made should help you to get back to the position you were in before the accident. In some cases where you’ll continue to suffer for the long term, that’s not possible so your compensation should reflect that. Compensation is usually based on general damages (where the pain caused by your injuries is considered) and special damages which focus on the financial impact.
Each claim is unique but shoulder injury compensation can be calculated to cover:
- The pain you’ve endured because of your injuries and due to your treatment.
- Any psychological impact your injuries have caused such as depression, distress or anxiety.
- The cost of rehabilitation or private medical care.
- Care costs if someone has had to help you during your recovery.
- Travel expenses incurred because of your injuries.
- The cost of mobility aids.
- The cost of modifications to your home if they’ll help you to cope with your injuries.
Including all aspects of your suffering in your shoulder injury compensation claim is important. That’s because it’s only possible to claim once. After you have agreed to settle your case, you won’t be able to ask for more compensation later on. As such, we’d suggest using one of our experienced solicitors to try and ensure your case is reviewed fully before it is filed with the defendant.
Can I Claim for Loss of Earnings Due to My Injured Shoulder?
Taking time off work to recover from a shoulder injury or to have treatment can be expensive. Even if you receive statutory sick pay (SSP) or some form of employer sick pay, you can be left out of pocket because of lost overtime, bonuses or commission. As such, you could include these losses in your claim if you are compensated for your shoulder injury.
What’s more, if you suffer a more serious shoulder injury that will reduce your ability to earn, you could claim for future loss of earnings. This type of payment would factor in your age, current job, current salary and future job prospects.
Shoulder Injury Compensation Amounts
While there is no hard and fast rule with regards to levels of “general damages” there are guidelines in place which suggest a range of compensation payouts for specific injuries. The compensation guidelines are as follows:
- A few hundred £’s-£9,630 for soft tissue shoulder injuries. The level of compensation awarded will vary due to the seriousness of the injury and recovery time.
- £6,280-£14,940 for a fractured clavicle. The amount awarded will vary due to points such as how severe the fracture is and what level of disability the shoulder injury is causing.
- £9,630-£15,580 for a frozen shoulder which inhibits movement and symptoms that might last for a couple of years.
- £15,580-£23,430 for serious shoulder dislocation and damage to the lower part of the brachial plexus with pain in the neck and shoulder.
- £23,430-£58,610 for severe brachial plexus damage which results in serious disability.
If you’d like to talk to us about your shoulder injury claim today, please call us.
Will I Need a Solicitor to Claim Shoulder Injury Compensation?
You don’t have to use a personal injury solicitor to make a personal injury claim. However, having one on your side may make the claims process much easier and could mean you’re awarded a higher shoulder injury settlement amount than you’d receive if you go it alone.
Our solicitors provide a no-obligation initial consultation so that your claim can be assessed before it is taken on. They also don’t ask to be paid upfront for any shoulder injury claims they take on because they offer a No Win, No Fee service. As a result, you’ll only pay your solicitor for their work if you are paid compensation.
You’ll be sent a contract called a Conditional Fee Agreement (CFA) if your case is accepted. This will explain what your solicitor will do during the claims process and what criteria they must fulfil before you need to pay them. It will also explain their success fee.
This fee is a percentage of your compensation that will be deducted by your solicitor if your case is won. By law, when using a CFA, the success fee cannot be higher than 25% of your settlement.
To check if you’ve got the grounds to claim shoulder injury compensation on a No Win, No Fee basis, please call our team today.
Shoulder Injury Claims Frequently Asked Questions
Can I Pursue a Claim on Behalf of a Vulnerable Adult?
If you wish to claim compensation on behalf of a vulnerable adult who has suffered a shoulder injury, you will need to apply to become their litigation friend. This process allows you to act on behalf of an adult who doesn’t have the mental capacity to make a shoulder injury claim.
If your application is approved, you’ll be able to hire a solicitor and make decisions about the claim on behalf of the injured party.
What Happens If My Shoulder Injury Aggravated a Previous Condition?
The idea of a compensation payout for any type of personal injury is that you should not be in a worse position than you were before the accident. As such, if you successfully claim compensation for a shoulder injury, your settlement could also cover any worsening of another injury.
For instance, if you previously suffered from stiffness and pain caused by frozen shoulder, you could claim if your suffering was made worse following a dislocated shoulder linked to a workplace accident.
To help prove the extent of your additional suffering, your solicitor might obtain medical records and reports from before and after your accident for comparison purposes.
Start a Shoulder Injury Compensation Claim Today
We hope our article on shoulder injury claims has been helpful. If you’d like to begin the claims process, all you need to do is call 0800 652 1345. A specialist advisor review your case for free and explain your chances of being compensated during the call. If your case is accepted, we’ll appoint a solicitor to begin working on it right away.
You’ve reached the end of our article on shoulder injury compensation claims, and if you’d like to ask any further questions please use live chat to get in touch.
