Shoulder injury compensation claims
The following article sets out what you should know about making a successful shoulder injury compensation claim.
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.
I have a strong claim - why won't a solicitor take it on?
A claim should be possible if the shoulder injury occurred:
- in the last three years (longer if children were involved) and
- another party was to blame and
- that party owed you a duty of care
It must also 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.
Even if you do qualify, however, some solicitors may not take on your claim for other reasons.
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.
In this example the court the case might be resolved on a 50:50 liability split basis with a split-liability agreement.
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|
*excerpt from the Judicial College Guidelines
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 our compensation calculator.
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)
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
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
Unless you are self-funding, claims solicitors now work on a No Win, No Fee basis.
No Win No Fee is an agreement (technically known as a 'Conditional Fee Agreement' or 'CFA') which is entered into between the injured person and the personal injury solicitor.
No Win No Fee means that if your shoulder injury claim is not successful then you would pay no legal fees at all.
If you do win your case, a success fee will be deducted from the compensation award and paid to the solicitor.
How can Quittance help?
Our highly experienced solicitors have an excellent track record of winning injury claims and will fight for the best possible compensation settlement for you.
If you have any questions, or would like to start a No Win No Fee claim, call FREE on 0800 488 0618 or click here to arrange a callback.
We are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
- 100% No Win, No Fee
- Free Consultation
- No Obligation to Start a Claim
- Longer Opening Hours
- Personal Injury Experts
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.
Shahida Chaudery Complex Injury Claims Panel Solicitor
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.
Is there a time limit for making a shoulder injury claim?
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.
About the author
Helen is an award-winning legal researcher and author. She is an experienced court litigation report proofreader and has written extensively on legal matters.
Read more about this Quittance Legal Expert