A Guide to Claiming Shoulder Injury Compensation
If you have been affected by a shoulder injury we can help.
The purpose of this guide is to help anyone who has suffered a shoulder injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Shoulder injury statistics
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.
Do I have a shoulder injury claim?
You should be eligible to make a shoulder injury claim if your injury occurred:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
Are there any exceptions?
It may be that, for example, the accident happened more than 3 years ago, or that you were partly at fault. If so, you may still be able to make a claim.
It only takes a minute to find out - you can speak to a shoulder injury claim expert on 0800 612 7456.
A short call will confirm whether you have a claim. There is no obligation to start a claim.
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 shoulder injury claim on their own behalf.
Do I need a final diagnosis to make a shoulder 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 shoulder injury claim after an accident, the more likely your claim is to succeed.
The amount of money you could claim for your shoulder 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 shoulder 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 shoulder 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
Shoulder injury compensation amounts
The following shoulder injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|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|
|Shoulder injury||Severe||Brachial plexus damage||£15,300 to £38,280|
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 serious shoulder injury can be £15,000
For a more minor wrist injury, in isolation, you would typically receive £2,900.
However, if you have a serious shoulder injury and a more minor wrist injury, you would typically receive £15,000 + a reduced percentage of £2,900.
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 shoulder 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 shoulder injury will depend entirely on your specific circumstances.
Your shoulder 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.
Can I see the complete judicial college tables?
The table above (excerpted from the Judicial College Tables) shows the most common shoulder injury claims. To see the complete list see: Judicial College Injury Tables.
Shoulder injury compensation
Calculating how much compensation you can claim for a shoulder 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 shoulder injury claim could be worth now:
How long does a shoulder injury claim take?
The length of time needed to settle a shoulder injury claim can vary significantly.
For instance, a straightforward liability accepted injury claim might be concluded in a couple of months. If the defendant denies liability, the process might take longer. Typically, an injury claim takes between 4 and 9 months. See:How long will my claim take?
Will I still be able to claim for a shoulder injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your shoulder 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.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
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 have helped others
The 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 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.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a shoulder injury claim, even if you don't win your claim.
What do I pay if I win my shoulder injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. 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 shoulder injury claim?
If your shoulder 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. shoulder 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
Shoulder 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 shoulder injury claim?
In general, you have a time limit of up to 3 years from the date of the shoulder injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your shoulder injury claim becomes 'statute barred'.
Can I claim for a shoulder 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 shoulder injury compensation.
In reality, there are a number of factors that can affect whether a shoulder 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.
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.
Read more about this Quittance Legal Expert