Shoulder injury compensation claims - Introduction
Updated: October 8, 2018
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.
Calculate my shoulder injury compensation
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:
Do I have a claim for a shoulder injury?
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 to get 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 am I to win?
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.
Calculate my shoulder injury compensation
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
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 shoulder injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
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 shoulder injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Meet our team
The nationwide network of QLS solicitors handle all types of personal injury claims, from fast track claims to catastrophic injury. Selected on the basis of their track record in recovering compensation, our lawyers have years of experience recovering compensation for their clients.
Click here to see more of the Quittance team.
Start a no win, no fee claim
If you have been injured and would like to talk to us about making a claim, contact us now for a no obligation discussion. Our expert personal injury solicitors have a 90% success rate and are on hand to help you now.
Rakhi Chauhan secures £80,000 following a road collision with a lorry
The victim was forced off the road when a lorry driver fell asleep at the wheel.
Kevin Walker obtains £80,000 for a construction worker's catastrophic hand injury
The worker also recieved trauma-specialist physiotherapy, welfare advice and state-of-the-art prostheses.
Ask an expert
If you have any questions about the claims process or any aspect of injury compensation, let us know: