A guide to making a No Win No Fee shoulder injury claim
An estimated 7% of the UK's population suffer from shoulder pain, according to recent data published by the British Society for Rheumatology.
Shoulder injuries, including frozen shoulder, dislocation and rotator cuff disorders can cause significant, lasting pain and disruption.
Calculating compensation for a shoulder injury
Shoulder injury compensation amounts are dependent on the nature of the injury and the impact on your life. For a fractured clavicle, for example, average claim awards may range from £3,900 to £9,300. A Claimant with a serious shoulder dislocation with long-term pain may receive between £9,700 and £14,600.
Table 1. Shoulder injury compensation amounts
|Injury Type||Compensation Amount|
|Fracture of clavicle||£3,900 to £9,300|
|Frozen shoulder injury||£6,000 to £9,700|
|Serious shoulder dislocation||£9,700 to £14,600|
|Severe brachial plexus damage||£14,600 to £36,500|
The award or settlement calculation should also include other financial losses (special damages) that you have incurred as a result of the injury. The above table of compensation payouts for shoulder injuries sets out general damages only.
Find out how much compensation you could claim for a shoulder injury with the Quittance Personal Injury Compensation Calculator:
Can you make a shoulder injury compensation claim?
If you have sustained a shoulder injury and can answer 'yes' to any of the following questions you may be able to claim compensation:
- Was the accident someone else's fault?
- Can you prove the accident was as a result of another person or a company's negligence?
- Did the accident happen in the last 3 years?
It must be shown that, on the balance of probabilities, the shoulder injury resulted from the accident and that the Defendant can be held legally accountable for the accident to win a claim.
Shoulder injury compensation time limits
An individual who has sustained a shoulder injury within the last three years may be eligible to make a claim. Some Claimants opt to focus on their recovery before making a claim, however the sooner a claim is made, the more time a solicitor will have to negotiate more compensation.
Once the three year time limit has elapsed, if Court proceedings have not commenced, a personal injury claim for an accident is limited by statute and becomes 'statute-barred'. In effect, this means that a Claimant would be unable to make their claim, even if they would otherwise have a strong case.
Can you claim compensation if there is shared liability for a shoulder injury?
Both the Defendant and Claimant may share an some liability for either the accident or the shoulder injury itself. For example, a Claimant may sustain a shoulder injury in a road traffic accident that wasn't their fault.
If the Claimant was not wearing a seatbelt, however, their injuries may be more serious than they would have been otherwise.
Typically such claims will be concluded on the basis of a proportion of the shoulder injury compensation the Claimant would have received, if they were entirely blameless, in a split-liability agreement.
How shoulder injury compensation can help you
Quittance's network of personal injury solicitors strive to achieve on behalf of their clients the maximum settlement for:
- pain, suffering and loss of amenity arising from your injuries
- lost earnings if you have had to take time off work
- future loss of earnings if you are unable to return to work
- the cost of medical treatment and future care relating to your injuries
- expenses such as travel costs to and from hospital
How we help you claim?
Were you to decide to make a claim you would be doing so in the knowledge that our panel of solicitors have a wealth of experience assisting clients with a range of injuries including:
- Rugby tackle shoulder injuries
- Contact sports
- Shoulder injuries sustained during other sporting events and gym workouts
- Manual handling and lifting injuries at work
- Rotator cuff tears
- Dislocated shoulder injuries
- Shoulder injuries affecting the brachial plexus
How long does it take before you receive compensation?
Many compensation claims are relatively straightforward and financial compensation is awarded in a short time frame.
More complicated or severe claims typically take longer to resolve. There are some factors which can only delay the process, e.g. when the other side does not accept responsibility.
It can be nearly impossible to predict, within any degree of accuracy, how long will be needed to reach a compensation settlement. In some cases it can actually benefit the Claimant to negotiate for longer as this can result in a higher compensation payout.
In order to get a more accurate prognosis of how long your shoulder injury claim will take, talk to a solicitor.
How likely are you to win your claim for compensation?
There are 3 elements to proving fault:
- did the other side owe you a duty of care
- did they breach that duty
- did the breach cause your injuries
Generally speaking, this means "Did the Defendant cause your injuries"
The claim has a good chance of success if the other side has admitted their responsibility for the accident or illness. In matters where the other side has not admitted liability, or argues that you were partly to blame for your injuries, there is a smaller chance of success.
A number of things can be done to help your solicitor build a strong case. The following should be undertaken as soon as possible:
- report the accident to the relevant party (e.g. if the accident occurred at work, the relevant party could be your manager or employer, a shop manager if your accident happened in a shop, or the council in the event that the shoulder injury was caused by a trip on a pavement)
- collect statements of any witnesses (and their names and addresses)
- take photos of the aftermath especially if your shoulder injury was caused by a defect which will show up on photos (e.g. a broken step)
These steps are still worth taking even if some time has passed.
Guaranteed No Win, No Fee - Pay nothing if you lose
A no win no fee agreement (more correctly called a CFA or Conditional Fee Agreement) is entered into between a claimant and an injury lawyer.
A no win no fee agreement is in essence the terms and conditions under which the solicitor represents the client.
It documents what the solicitor will do as well as how they will be paid if the claim is ultimately successful.
If you choose our solicitors for your shoulder injury compensation claim there are absolutely no sneaky hidden charges , nothing to pay up-front and the reassurance that you wont be out of pocket.
Shoulder injury claims advice and further questions
Quittance understands that people having sustained a shoulder injury will have questions when evaluating whether to go ahead with a shoulder injury compensation claim.
For answers to your questions relating to injury compensation claims work, for instance "How do personal injury solicitors get paid " visit FAQ page. To speak to a solicitor regarding your specific questions, call us on 0800 612 7456.
When you are ready, you can start your compensation claim online. Alternatively call us on 0800 612 7456 or request a callback at the most convenient time for you.