Dislocation Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a dislocation injury we can help.
The purpose of this guide is to help anyone who has suffered a dislocation 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
dislocation injury compensation:
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.
Who is responsible for the injury?
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.
Do I have a dislocation injury claim?
A dislocation injury claim should be possible if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Injury 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 dislocation injury claim on their own behalf.
Do I need a diagnosis to make a dislocation injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a dislocation injury claim after an accident, the more likely your claim is to succeed.
What should you do if you have suffered a dislocation injury?
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.
The amount of money you could claim for your dislocation injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your dislocation injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a dislocation injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Dislocation injury compensation amounts
The following dislocation injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Ankle injury||Moderate||Full recovery or with mild ongoing symptoms||£10,960 to £21,200|
|Elbow injury||Moderate||Some long-term problems||£12,480 to £25,510|
|Knee injury||Moderate||Mild long-term symptoms||£11,820 to £20,880|
|Shoulder injury||Minor||Soft tissue injury||Up to £6,290|
|Shoulder injury||Moderate||Fracture of clavicle||£6,290 to £10,180|
|Shoulder injury||Serious||Dislocation||£10,180 to £15,300|
|Thumb injury||Moderate||Moderate thumb injuries||£7,700 to £10,040|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe dislocation injury can be £30,000
For a less severe shoulder injury, in isolation, you would typically receive £4,500.
However, if you have a severe dislocation injury and a less severe shoulder injury, you would typically receive £30,000 + a reduced percentage of £4,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a dislocation injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a dislocation injury will depend entirely on your specific circumstances.
Your dislocation injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a dislocation injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Dislocation injury compensation
Calculating how much compensation you can claim for a dislocation injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your dislocation injury claim could be worth now:
How long does a dislocation injury claim take?
The length of time needed to settle a dislocation injury claim can vary considerably.
For instance, a straightforward liability accepted injury claim could be completed in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your dislocation injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
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
No win, no fee takes all of the risk out of making a dislocation injury claim. If you don't win your claim, you won't have to pay your solicitor any legal fees.
Our 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 dislocation injury. Read more about making a No win, no fee claim
What do I pay if I win my dislocation 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%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my dislocation injury claim?
If your dislocation injury claim is not successful then you do not have to pay any legal fees at all. 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. dislocation 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 can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Dislocation 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 dislocation injury claim?
In general, you have a time limit of up to 3 years from the date of the dislocation injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your dislocation injury claim becomes 'statute barred'.
Can I claim for a dislocation 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 612 7456 to find out if you are still able to claim dislocation injury compensation.
In reality, there are a number of factors that can affect whether a dislocation 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.