Collarbone Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a collarbone injury we can help.
The purpose of this guide is to help anyone who has suffered a collarbone injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
collarbone injury compensation:
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.
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.
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.
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 a collarbone injury claim?
As a basic rule, you can make a collarbone injury claim if you sustained an injury:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
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 a collarbone injury claim on their own behalf.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your collarbone injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
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 collarbone injury. Read more about making a No win, no fee claim
What do I pay if I win my collarbone 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 collarbone injury claim?
If your collarbone 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Collarbone 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.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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.
How long do I have to make a collarbone injury claim?
In general, you have a time limit of up to 3 years from the date of the collarbone injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your collarbone injury claim becomes 'statute barred'.
Can I claim for a collarbone 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 collarbone injury compensation.
In reality, there are a number of factors that can affect whether a collarbone injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.