Dislocation injury compensation claims - Introduction
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 claim for a dislocation injury?
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.
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.
Calculate my dislocation injury compensation
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.
Guaranteed No Win No Fee dislocation injury claim - Pay nothing if your claim is unsuccessful
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.
Ankle injury case study
£900,000 awarded to motorcyclist for dislocation injury View case study