A torn rotator cuff is a painful injury that can lead to complications for quite a while following the injury. In the case we’re going to review in this case study, the claimant had to change her profession because the injury prevented her from being able to lift anything heavy. Accident Claims UK are a no win no fee solicitor who can help you if you’re looking for a payout for a torn rotator cuff due to an accident at work.
This case is a good example of how a typical claim for an accident at work might progress and how the claimant ended up with £65,000 in compensation for her injuries. We have specialist solicitors who can take on a case like this for you if you have suffered in a similar way to this claimant.
The care worker used a personal injury solicitor for her claim as she’d suffered a torn rotator cuff while helping a service user to have a bath. The injuries were severe enough that the claimant had to change from working in the care profession to working in a classroom as a teaching assistant, a less well-paid job, meaning she decided to seek a payout for a torn rotator cuff.
This case study will show how important a personal injury solicitor in this case was as, initially and without the evidence from the solicitor, the insurers for the care company were not going to admit liability, meaning no payout would’ve been received.
If you’re considering a payout for a torn rotator cuff injury and would like us to claim on your behalf, then please call Accident Claims UK on 0800 073 8801 now. If you’d like to no more about how the payout for a torn rotator cuff was secured in this case, then please read on.
What Is A Torn Rotator Cuff
The rotator cuff is all of the muscles and tendons around the shoulder joint. They support the shoulder to keep it working properly. A payout for a torn rotator cuff can be sought if you have an injury that results in a partial or full rotator cuff tear where somebody else was to blame.
Rotator cuff tear symptoms can include pain when trying to lift, unable to lift the arm as high as before and possible clicking or grating noises when moving the arm. Any of these symptoms could mean your eligible to have a payout for a torn rotator cuff injury.
A full tear of the muscles or tendons in the rotator cuff happen when there is a sudden impact like crash, collision, slip, trip or fall. A partial tear can happen over a period of time through repeating the same type of operation and putting the same stresses on the shoulder joint.
You can seek a payout for a torn rotator cuff at anytime within 3 years of the accident that caused the injury as any personal injury solicitor can only lodge claims within these timescales.
Details Of The Torn Rotator Cuff Injury Suffered
The claimant seeking the payout for a torn rotator cuff in this incident actually suffered a tear of the supraspinatus muscle. This is one of the smaller muscles that runs from the shoulder blade to the humerus in the arm. Studies have shown that a tear of the supraspinatus muscle is very rarely able to heal itself and so would probably have required surgery to remedy the situation following the accident and certainly would’ve caused a lot of pain and suffering.
Therefore, the payout for a torn rotator cuff would’ve had to take the pain, surgery and time off work into account to be a fair reflection of the claimants suffering. In this case the rotator cuff tear also meant the claimant couldn’t return to the same job as similar work could’ve aggravated the injury. This was used as mitigation for the claim.
The Allegation And How Liability Was Shown In This Case
The case against the care home wasn’t that they had done anything wrong on the day of the accident but the payout for a torn rotator cuff was sought because it was alleged that they hadn’t conducted sufficient risk assessments to protect its staff from accidents like this from happening.
All employers have a duty of care to protect their staff (and service users in this instance) from injury while carrying out work. If it can be proven that the company had failed to complete these risk assessments, or if they hadn’t updated them to reflect any changes to the job, then a claim for a payout for a torn rotator cuff can be instigated against them.
The solicitor, having heard from the insurer that they weren’t going to admit liability, immediately sought expert advice to prove that the company hadn’t completed risk assessments properly and were therefore negligent. A competent personal injury solicitor will always prepare the strongest case possible in case the other party denies liability which can involve medical expert reports, medical records, witness statements and evidence from the claimant as well.
How The Case Was Settled
The solicitor, using the evidence from the expert in nursing and from evidence provided by the care company themselves to begin to prepare a case to outline why it’s client was seeking a payout for a torn rotator cuff.
The evidence was strong and compelling and once it had been submitted to the insurers for the care home they admitted liability and an interim-payment was made to pay for treatment and care for the claimant.
Following the interim payment, the solicitor sought a full payout for a torn rotator cuff now that the insurer had admitted liability. In the end, after using medical reports as further evidence, a payment of £65,000 was paid to the claimant in full settlement of her claim.
This claim seeking a payout for a torn rotator cuff didn’t make it to court as it was settled amicably between all parties before it needed to go to court. This is very often the case, in our experience, and it is much better for the claimant to not have to go through the traumatic experience that court case can sometimes be. Accident Claims UK will always listen to any offer of compensation and advise our clients if we think the offer is fair or not before accepting anything on your behalf.
No Win No Fee Rotator Cuff Tear Injuries
If you’re considering seeking a payout for a torn rotator cuff following an injury at work, then you may be worried about the costs of the complex legal work involved. While some solicitors charge by the hour and make you pay, whether they win you compensation or not, we don’t. Accident Claims UK offer a no win no fee service on all claims we take.
This means that if we don’t win your rotator cuff injury compensation claim then you don’t pay. It is completely risk free for you and, when we have our initial free consultation with you, we’ll let you know exactly how much you’ll pay if we do win your compensation.
Some people ask how much will my payout for a torn rotator cuff be and we honestly have to tell you that’s it’s impossible to say until we’ve spoken to you and fully understood your case. You could look at this article on broken bone compensation that we’ve written. It includes a table detailing how much different injuries can achieve in compensation which could be relevant to your payout for a torn rotator cuff.
Contact Our Specialist Team Today
If you’ve had to have rotator cuff tear treatment and want to find out about compensation for your injuries then get in touch with us today. You can contact us in these ways:
- Telephone: 0800 073 8801
- Our contact form
- Live chat on any page of our website
- Email us on firstname.lastname@example.org
Our team are specialists in dealing with personal injury claims and will know the answers to most questions from people seeking a payout for a torn rotator cuff injury. Don’t worry if you’re unsure if you’re eligible to claim, we’ll talk everything over with you and let you know if you can use our no win no fee service.
If you need further information or are still deciding if you have a case to seek a payout for a torn rotator cuff, then you may find these articles relevant:
Rotator Cuff Tear NHS – a guide to rotator cuff tear symptoms and rotator cuff tear treatment from the NHS.
Shoulder Injury Compensation – Not just for those looking for a payout for a torn rotator cuff injury, this guide covers compensation for all shoulder injuries.