Dislocation injury compensation claims
In the following guide we explain everything you need to know about making a successful dislocation injury compensation claim.
According to the Health and Social Care Information Centre, dislocation, fractures and joint injury accounted for 4.4% of diagnoses at Accident and Emergency departments in England in 2012/13. Dislocated shoulders are the most common, but dislocation injuries can also occur in the ankle, elbow, finger, hip, toe, jaw or knee.
If you have experienced a dislocation injury, liability is dependent on the environment and circumstances of your accident. If the injury was sustained while you were at work, it may be that your employer is responsible for what has happened. Employers have an obligation to protect the well-being of their staff. If they have failed to do this, and you have suffered a dislocation injury as a result, your employer can be held liable.
If your dislocation injury was caused by playing a sport, it is possible that the organisation responsible for instructing you in the game can be held responsible. This is particularly relevant if the organisation has failed to observe health and safety precautions.
If you have suffered a dislocation injury because of a physical assault, the person who attacked you can be considered responsible for the consequences of that injury. If it is not possible to identify your attacker, the Criminal Injuries Compensation Scheme can be held liable.
If you have dislocated a joint because of a fall in commercial premises, such as a supermarket, the owner of the premises may be considered to be responsible for your injury. This is more probable if your fall was caused by a spill on the floor, or tripping over items that were not stored properly.
A dislocation injury that is caused by a road traffic accident is usually the fault of the person who caused the collision.
I have a strong claim - why won't a solicitor take it on?
If your dislocation injury occurred because of the negligence of another person or organisation, it is likely that you will be able to claim personal injury compensation. You usually have a maximum of three years from the time of the accident to pursue a claim for compensation, although there are some exceptions to this rule. For example, people under the age of 18 can claim up to three years after they have reached the age of 18, regardless of when the accident occurred.
After receiving medical treatment, you should contact a solicitor. Quittance's panel of solicitors have experience of working with claimants who have suffered dislocation injuries, and can guide you through the process step by step. Your solicitor will gather the proof that is needed to establish that another party was to blame for your accident. This proof can take the form of medical reports, witness statements, and evidence of how your life has been affected by the injury.
Personal injury compensation guidelines are set by the Judicial College (formerly the Judicial Studies Board). These awards are assessed in relation to the type and extent of the injury. In the Judicial College guidelines, amounts are set out tables of minimums and maximums for each injury.
The guidelines are, strictly speaking, not law but they are widely adopted and adhered to by the Courts as well as the majority of insurers. The Compensation Claims Report (CCR) considers factors likely to affect your compensation award by referring to these guidelines.
Sometimes an accident may exacerbate an existing injury . It may be possible to start a compensation claim for this too.
To supplement an award for general damages recommended in Judicial College guidelines, it is possible to claim for costs you have incurred during treatment and ongoing care.
A no win no fee contract (technically known as a Conditional Fee Agreement or CFA) is agreed between a claimant and a personal injury lawyer.
The CFA is basically the terms and conditions under which the solicitor is instructed by the claimant.
The contract lays out what the solicitor will do and how they will be paid if your claim is won.
If you instruct our solicitors for your dislocation injury compensation claim there will be no hidden fees , nothing to pay up-front and the peace of mind that you will not be out of pocket.
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming dislocation injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim dislocation injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
Quittance Legal Services' nationwide panel of solicitors handle all types of personal injury claims and have a wealth of expertise with fast track, complex and serious injury claims. Our lawyers are chosen on the basis of their specialist expertise and their success rate in winning claims.
About the author
Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).
Read more about this Quittance Legal Expert