Collarbone Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a collarbone injury, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

In this article

Introduction

The collarbone (clavicle) is the narrow bone joining the shoulder bone (scapula) to the breast bone (sternum).

Around 300,000 people a year break their collarbone making it one of the most common bones in the body to be fractured.

Usually the result of heavy impact with a hard surface, collarbone fractures may occur when a falling person outstretches his or her hand to halt the fall, or where the impact of the fall is at the point of the shoulder.

Surgery may be required in more severe cases where the bone has broken through the skin or been fractured in several places. This may involve pins, plates and screws to give stability during the longer healing process.

Collarbone injuries can take around 6-8 weeks to heal, during which time the surrounding muscles will weaken through immobility. Physiotherapy is often required post-healing to restore full function to the shoulder region.

Compensation for a collarbone injury often provides vital financial support to cover lost wages and the cost of necessary physiotherapy.

Could my injury have been prevented?

Several types of accidents may result in a person breaking his collarbone. Many such accidents could be prevented and may give rise to a compensation claim.

Loose flooring or uneven paving may cause slips, trips and falls in which people break a collarbone. Where proper maintenance has not been carried out to reduce accident risk, the owner of the premises may be liable.

Similarly, hazards including obstacles, worn floor covering or spilt liquids on staircases may cause a person's fall down a flight of stairs. These accidents may occur in the workplace, retail establishments, multi-storey car parks or public areas.

Accidents at work are a common cause of these injuries. Workers in construction, factory and warehouse environments are more likely to sustain a fall from a height accident - also a cause of collarbone fracture - where health and safety regulations have been breached.

Other instances of collarbone fractures at work may be due to workers being struck on the shoulder by falling objects, or being trapped between two heavy objects.

Collarbones may be also broken as a result of physical assault by another, or through the impact of a road traffic accident - as pedestrian, cyclist or vehicle occupant or driver.

Who pays my compensation?

Depending on how and where the accident occurred, different bodies cover the cost of compensation awards arising from personal injuries; therefore establishing the cause and gathering evidence is important in bringing any claim.

Employers

An accident in the workplace may be due to the employer failing in his duty of care to ensure the health, safety and welfare of his employees.

Even if the accident was caused by another employee, the employer may be vicariously liable for that employee's acts, providing it can be shown that they took place during the course of his employment. Compensation would be paid through the compulsory Employers' Liability Insurance.

Accidents in a public place

Where a supermarket's management might be liable for a broken collarbone caused by a customer injured in a supermarket, compensation would be made through the retailer's Public Liability Insurance.

Defective products

The manufacturer of a bicycle which collapses due to a faulty frame, for example, may be found liable for the injuries sustained if it can be demonstrated that the accident was due to a defective product.

The cost of any compensation should be covered by the manufacturer or retailer's product liability insurance.

Other incidents

Road traffic accident claims are generally sought through the insurers of the defendant who caused the accident, whereas a person injured through a criminal assault may be able to claim compensation through the Criminal Injuries Compensation Authority.

Do I have an injury claim?

As a basic rule, you can make an injury claim if you sustained an injury:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if there is no evidence?

Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a collarbone injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. collarbone injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor