A shoulder injury can be particularly debilitating because the joint is essential for arm and hand movement during daily activities. Consequently, not only will the injured person experience pain and limited mobility at the injury site, but they may also lose the use of their arm for a short or extended period of time. The nature of such an impairing injury can have a significant impact on your quality of life, and this is why we actively encourage you to look into shoulder injury compensation claims if you believe someone else is responsible. Don’t worry, we can assist you every step of the way towards securing the personal injury compensation you deserve.
Here at Accident Claims, our solicitors can also work on your claim on a No Win No Fee basis, so you don’t have to worry about the costs of hiring expert legal representation. Not only do our solicitors prioritise accessible legal support, but they also put client wellbeing first above all else.
So, if you’re looking for compassionate and experienced legal representation that genuinely cares about the outcome of your shoulder injury compensation claim, get in touch using the contact details below:
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- Call us for free on 0800 073 8801
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Frequently Asked Questions
- Can I Make A Compensation Claim After A Shoulder Injury?
- Common Accidents In Shoulder Injury Compensation Claims
- What If My Shoulder Injury Was Caused By Medical Negligence?
- Examples Of Shoulder Injuries That Can Be Sustained
- The Average Compensation Payout For Shoulder Injuries
- How Can I Make A Claim For Shoulder Injury Compensation?
- Is There A Time Limit To Claiming For An Injured Shoulder?
- No Win No Fee Shoulder Injury Compensation With Accident Claims
- Learn More
Can I Make A Compensation Claim After A Shoulder Injury?
Yes, you can make a compensation claim after a shoulder injury if you can prove that this injury was caused by the negligent actions of another.
Essentially, you must be able to prove the following:
- You were owed a duty of care (this is a legal responsibility regarding your health and safety).
- This duty was breached
- This breach led to you suffering a shoulder injury
In the following section, we discuss in detail how the duty of care can vary depending on the setting in which you are and when a shoulder injury claim can be made.
Are you unsure about your eligibility to make a shoulder injury compensation claim? Call us today so an expert advisor can assess your eligibility for free.
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Common Accidents In Shoulder Injury Compensation Claims
Common accidents in shoulder injury compensation claims can range from a broken shoulder in a t-bone collision to a dislocation from a slip, trip or fall.
We’ve provided a variety of different accident examples below for you to have a read of:
Road Traffic Accidents
All road users owe one another a duty of care to sue the roads safely. They must also follow the rules of the Highway Code and the Road Traffic Act 1988. Examples of when road traffic accident claims could be made include:
- A drunk lorry driver loses control of their vehicle and collides with a passing car. The car gets pinned between the lorry and a wall, causing the driver to suffer a crush injury to the shoulder.
- A car is speeding and collides with a pedestrian at a crossing. The pedestrian slams into the windscreen and dislocates their shoulder.
Workplace Accidents
Your employer has a duty of care to take reasonable steps to ensure your safety at work, as outlined in the Health and Safety at Work etc Act 1974. Examples of when accident at work claims could be made include:
- The employer of a warehouse has failed to provide a new employee with manual handling training. The employee picks up a heavy box using the incorrect lifting technique and suffers a separated shoulder.
- An employer of a factory has failed to complete regular maintenance checks on forklift trucks. A truck malfunctions mid-use and throws the driver out of the driver’s seat, causing them to suffer several fractures to their shoulder.
Public Place Accidents
When you are in a public space, the occupier (party in control) has a duty of care to take steps to ensure your reasonable safety, as per the Occupiers’ Liability Act 1957. Examples of when public liability claims could be made include:
- There’s a large spillage on the platform of a train station, which hasn’t been cleaned up or marked by a wet floor sign. A member of the public slips and falls onto the tracks, suffering a compound fracture to the shoulder
- A bookcase in a library has not been secured by wall fittings, causing it to fall on top of an individual while they are browsing. This causes them to suffer a shoulder injury as well as a broken arm.
If you would like to see if you could claim for your specific case, you can contact our advisors.
What If My Shoulder Injury Was Caused By Medical Negligence?
If your shoulder injury was caused by medical negligence, you can still make a claim as long as you can prove that a medical professional provided you with negligent treatment, causing you to suffer unnecessary harm.
Every medical professional owes a duty of care to their patients from the moment they agree to treat them. This duty of care entails providing a minimum standard of care. If they fail to do so, this could be considered as a breach of their duty of care.
In order to have a valid medical negligence claim, you need to prove
- A medical professional, such as a doctor or nurse, owed you a duty of care
- They breached this duty
- The breach resulted in you suffering avoidable or unnecessary harm
Some examples of when shoulder injury compensation claims could be made due to negligent medical care include:
- A patient had surgery to repair their injured rotator cuff, and the surgeon accidentally left a wad of gauze inside their body, resulting in a severe infection.
- A patient goes for an MRI scan to check for soft tissue damage, and the radiologist fails to notice a torn ligament. Consequently, the patient goes without surgery to repair it, resulting in a long-term shoulder disability
- A GP misdiagnoses a patient’s fractured shoulder as a sprain and consequently doesn’t refer them to get further treatment. The patient ends up developing permanent joint stiffness and chronic pain
Importantly, not every instance of harm is a result of medical negligence. Unfortunately, patients can suffer harm despite medical professionals providing the correct standard of care.
Why not deepen your understanding of medical negligence claims by speaking to an advisor today? We’re available 24/7.
Examples Of Shoulder Injuries That Can Be Sustained
Examples of shoulder injuries that can be sustained range from a dislocation, soft tissue injury and a fracture. Below, we provide some examples of shoulder injuries that could be claimed for:
- Frozen Shoulder
- Sprains and Strains
- Rotator Cuff Tears
- Dislocated Shoulder
- Labral Tearing
- Fractures
To see whether you could claim compensation for your shoulder injury, you can contact our advisors.
The Average Compensation Payout For Shoulder Injuries
The average compensation payout for shoulder injuries could be anywhere between the £6,280 to £58,610, according to the compensation guidelines listed within the Judicial College Guidelines (JCG).
The JCG is a publication that lists various injuries according to severity and assigns them compensation guidelines. It can used by solicitors and other legal professionals when they are calculating general damages.
General damages compensate you for the pain and suffering you have experienced as a direct result of your shoulder injury. Notably, this includes both physical and psychological harm suffered.
Below, we have provided you with a table containing JCG figures relating to shoulder injuries. However, please note that the first figure is not from the JCG. Lastly, we would also like to ask that you use our table as a guide only when it comes to thinking about your own shoulder injury compensation.
| INJURY | COMPENSATION GUIDELINE | NOTES |
|---|---|---|
| Multiple Severe Injuries plus Special Damages | Up to £150,000+ | Multiple severe injuries where also awarded special damages including things such as child care costs, private medical bills and loss of earnings. |
| Shoulder - Severe | £23,430 to £58,610 | Often associated with neck injuries as well as brachial plexus damage, resulting in significant disability. |
| Shoulder - Serious | £15,580 to £23,430 | This compensation bracket typically involves dislocation of the shoulder and brachial plexus damage causing pain in the shoulder and neck. |
| Shoulder - Moderate | £9,630 to £15,580 | This level of award would cover a frozen shoulder with limited movement and discomfort with these symptoms continuing for about 2 years. |
| Shoulder - Fracture of Clavicle | £6,280 to £14,940 | This compensation bracket will depend on certain influential factors including things like the extent of fracture, level of disability and residual symptoms. |
| Shoulder - Minor (i) | £5,310 to £9,630 | The injured person will have suffered soft tissue damage to the shoulder accompanied by considerable pain but almost complete recovery in under 2 years. |
| Shoulder - Minor (iii) | Up to £2,990 | The same as above except a complete recovery will take place within 3 months. |
Special Damages In Shoulder Injury Compensation Claims
Special damages in shoulder injury compensation claims can cover any financial losses you may have incurred due to your injury. Some examples could include:
- Medical expenses
- Adaptations to property
- Professional care costs
- Loss of wages
- Loss of future earnings
- Travel expenses
- Care costs
An important thing to note here is that in order to be eligible for special damages as part of your compensation, you will need to be able to prove your financial losses. The best way to do this is to provide your solicitor with documented costs, including payslips, invoices and receipts.
If you’d like to discuss how much compensation you might be eligible for, get in touch with one of our advisors today.
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How Can I Make A Claim For Shoulder Injury Compensation?
To make a claim for shoulder injury compensation, you will need to prove that your injury was caused by the negligent actions of another with evidence such as CCTV footage and accident reports.
Take a look at the examples of evidence below that could be used to support your shoulder injury compensation claim:
- Medical records articulating the severity of your shoulder injury and the subsequent treatment that was and is being provided
- CCTV footage or dashcam footage, if your injury was sustained in a road traffic accident
- Photographs or videos of the accident scene or any visible damage to the injury site
- If you have been involved in a road traffic accident, it’s vital that you collect the insurance details of any and all drivers involved
- If you have been injured at work, you can present a copy of the incident report from the workplace accident book to your solicitor
- Contact details from witnesses so your solicitor can write up witness statements at a later date
We’re aware that gathering evidence can be an overwhelming process, and you may not want to relive what happened. We can gather evidence for you. Contact us today to learn more.
Is There A Time Limit To Claiming For An Injured Shoulder?
Yes, there is a time limit to claiming for an injured shoulder, and it’s 3 years from the date you suffered the injury to start a claim, as per the Limitation Act 1980.
However, there are exceptions to the time limit for those who lack the mental capacity or are minors. For more information on these exceptions, please take a look at our guide on limitation periods in personal injury claims.
If you’re unsure whether your shoulder injury compensation claim falls within the limitation period, please ring us today.
No Win No Fee Shoulder Injury Compensation With Accident Claims
You can pursue No Win No Fee shoulder injury compensation with our solicitors here are Accident Claims. We have helped claimants across the country secure compensation for the physical, mental, and financial harm they have suffered.
Our expert advisors are available around the clock to answer any questions you may have. This ranges from assessing your eligibility to providing compensation estimates. Notably, our solicitors can provide their services on a No Win No Fee basis. Specifically, they offer their claimants a Conditional Fee Agreement, meaning:
- You won’t have to pay solicitors’ service fees if your claim fails
- You won’t have to pay solicitors’ service fees if your claim is ongoing
- There are no upfront solicitor’s service fees to pay
If you have a positive outcome and your claim wins, you will be expected to pay a success fee. Don’t worry, this is a legally capped percentage and is paid directly from your compensation, as per the Conditional Fee Agreements Order 2013.
Here at Accident Claims, our solicitors prioritise client wellbeing above all else and believe support services should be provided to every claimant. Our personal injury solicitors are acutely aware of how profoundly injuries can affect an individual on an emotional level. Therefore, our solicitors can help you through the claiming process by offering services such as:
- Help you apply for and secure interim payments
- Get you the help you need in the form of rehabilitation, physiotherapists, psychologists, occupational therapists, and other specialists
- Gather evidence on your behalf so you can focus on recovering from your shoulder injury
- Talk you through the claims process so you can have complete clarity throughout and make informed decisions
- Communicate with other relevant parties, such as the defendant’s solicitors and the courts
Please note that this is not an exhaustive list. We would love to hear from you so we can provide more information about our support services.
Contact Our Solicitors
Contact us here today at Accident Claims to learn more about how we could help you. After your initial free eligibility assessment, there is no obligation to proceed with us:
- Call us for free on 0800 073 8801
- Start a claim online
- When you reach out to us, you’re talking to a real person, not a chatbot. You can be assured that you’re always getting the best possible help.
Learn More
If you found this guide helpful, we recommend that you check out some of our other guides:
- Read our guide on making an arm injury claim.
- Take a look at our guide on loss of arm compensation claims.
- Have a read of our guide on elbow injury compensation claims.
To deepen your research and understanding, take a look at the external resources below:
- Check out your eligibility for Statutory Sick Pay (SSP).
- Request CCTV footage of yourself from GOV.UK.
- Familiarise yourself with how to navigate shoulder pain from the NHS.
Thank you for taking the time to read our guide on shoulder injury compensation claims. We hope you have found it helpful.
