Last updated on May 14th, 2022 at 10:02 am
Our 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 somebody 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.
Can I claim 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 example, 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 shoulder injuries you could be compensated for
We could help you to get compensation for any type of shoulder injury if it was sustained in an accident caused by somebody 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.
- Nerve damage.
- Brachial plexus damage.
Shoulder injuries can cause various symptoms including:
- Tingling and numbness.
- A reduced motion of the arm.
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 somebody else’s negligence, why not call our team to see if we could help you to claim compensation for your suffering?
Types of shoulder injury compensation claims
There are many different types of accidents that can result in shoulder injury compensation claims. We won’t list all of them in this guide but we have included a few of the more common below:
- Sporting accidents caused by negligence.
- Accidents in the workplace.
- Road Traffic Accidents (RTAs) involving cyclists and motorcyclists.
- Medical negligence (including avoidable surgical injuries).
- Repetitive Strain Injuries (RSI).
- Falling from height.
- Slips trips and falls while shopping.
- Injuries caused by manual handling.
- Public place accidents.
Don’t worry if we’ve not included your accident in our list, you could still be entitled to compensation. The easiest way to proceed is to call our team and ask them to review your claim for free.
How much compensation for an injured shoulder?
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 will 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.
- Any earnings you’ve lost due to your shoulder injury.
- Future loss of earnings if your ability to work is reduced in the long term.
- Care costs if somebody 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.
Shoulder injury compensation payouts for General Damages
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-£7,890 for soft tissue shoulder injuries. The level of compensation awarded will vary due to the seriousness of the injury and recovery time.
- £5,150-£12,240 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.
- £7,890-£12,770 for a frozen shoulder which inhibits movement and symptoms that might last for a couple of years.
- £12,770-£19,200 for serious shoulder dislocation and damage to the lower part of the brachial plexus with pain in the neck and shoulder.
- £19,200-£48,030 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 0800 652 1345.
Types of negligence that can result in shoulder injury claims
As mentioned earlier, shoulder injury claims are only possible if somebody’s negligence caused your accident to occur. To give you some idea of what that means, we’ve added some examples below. You could be compensated if:
- You tripped on a wire trailed across your office and injured your shoulder.
- You’ve sustained bursitis of the shoulder because of repetitive tasks in the workplace that your employer failed to try and prevent.
- A car collided with your motorbike because it pulled out at a junction without spotting you.
- A lack of warning signs meant you slipped on a floor that was still wet after being recently cleaned.
- A child fell and injured their shoulder because of damaged or poorly maintained playground equipment.
- You tore ligaments in your shoulder after falling down a flight of stairs because of a broken handrail.
- You were crushed in a warehouse accident by items falling from a height that had been stacked unsafely.
If you suspect that you have grounds to claim for a shoulder injury, call us to discuss your options with a specialist.
Providing proof 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.
- 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.
Medical assessments for personal injuries
As part of many personal injury claims, you might be asked to have a medical assessment conducted. It will be conducted by an independent specialist and your solicitor will usually be able to book a local appointment. During your meeting, your shoulder injury will be examined and you’ll discuss how you’ve been affected by it. After the meeting, your solicitor and the defendant will be sent a report that explains your prognosis.
Time limits apply to shoulder injury claims
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.
Shoulder injury claims can be processed in as little as 6 to 9-months if liability is agreed upon early. Where the extent of your injuries is not fully understood or where more discussion is needed about liability, the claim will take longer.
No Win No Fee shoulder injury claims
Our solicitors don’t ask to be paid upfront for any shoulder injury claims they take on. That’s 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 on a No Win No Fee basis, please call our team today.
Start a compensation claim for a shoulder injury 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.