How To Make A Shoulder Injury Claim
We could help you make a shoulder injury claim after an accident that was not your fault.
£85 million in compensation
How To Make A Shoulder Injury Claim
We could help you make a shoulder injury claim after an accident that was not your fault.
How Much Compensation For A Shoulder Injury Claim?
Have you had an accident which has caused a shoulder injury? If you have been involved in an accident at work, in a public place or in a road traffic accident that wasn’t your fault, you could be eligible to start a shoulder injury claim.
Shoulder injuries can cause detrimental effects, such as impacting your ability to lift items, or this injury may potentially have had an impact on your mobility.
In this guide, we will discuss when you may have an eligible personal injury claim and the different types of compensation you could receive. Additionally, we will share how one of our expert solicitors could help you.
Contact our advisors today to discuss your potential claim:
- Call 0151 375 9916
- Contact us online
Average Shoulder Injury Compensation Payouts In The UK
The average payouts for severe shoulder injury could be around £23,430 and £58,610. These figures have been taken from the Judicial College Guidelines (JCG), which is a framework that offers categories of injury types and compensation guidelines.
This document could be used by those calculating your general damages. General damages aim to compensate you for pain and suffering of your injury.
Please see our table below for the figures provided by the JCG for shoulder injuries. Please note that the first figure is not taken from the JCG.
| Injury | Note | Compensation |
|---|---|---|
| Multiple Serious Injuries With Special Damges | Awarded for suffering multiple severe injuries and financial losses such as medical expenses | Up to £1,000,000+ |
| Severe Shoulder Injury | Often displays with neck injuries, damage to the brachial plexus which may have caused significant disability. | £23,430 to £58,610 |
| Serious Shoulder Injury | Dislocation of shoulder causing brachial plexus damage. Rotator cuff injuries with persistent issues after surgery. | £15,580 to £23,430 |
| Moderate Shoulder Injury | Frozen shoulder causing limited movement and discomfort for 2 years, or soft tissue injuries with symptoms persisting for 2 years. | £9,630 to £15,580 |
| Minor (i) Shoulder Injury | Soft tissue injury to the shoulder, with considerable pain but almost fully recovered within 2 years. | £5,310 to £9,630 |
| Minor (ii) Shoulder Injury | Soft tissue injury to the shoulder, with considerable pain but almost fully recovered within 1 year. | £2,990 to £5,310 |
| Minor (iii) Shoulder Injury | Soft tissue injury to shoulder, with considerable pain but almost fully recovered within 3 months. | Up to £2,990 |
| Fracture of Clavicle | Compensation amount will depend on severity of fracture, and symptoms. | £6,280 to £14,940 |
How Your Compensation Is Calculated
When your compensation is being calculated, professionals will refer to a range of different sources to help determine an amount. As we previously discussed, they will consider the figures listed in the JCG, but they will also consider things like:
- Previous similar cases and settlement amounts.
- Liability and any contributory negligence.
Factors taken into consideration will also include:
- The severity of your injury.
- Your expected recovery rate.
- Whether you suffered additional injuries.
- What financial losses you have suffered
Special Damages In Shoulder Injury Claims
Special damages are designed to compensate you for any financial losses you may have incurred due to your injury. Examples may include:
- A loss of earnings
- Medical expenses
- Travel costs
- Care costs
You will need to provide evidence of these losses, such as invoices or bank statements.
Contact us today to see how our solicitors could help you make a shoulder injury claim.
Am I Eligible To Make A Shoulder Injury Claim?
In order for you to be eligible to make a shoulder injury claim, it must be established that negligence occurred. To prove that negligence has taken place, you must:
- Have been owed a duty of care.
- The person who owed you this duty must have breached this.
- The breach led to your shoulder injury.
Your shoulder injury may have happened at work, in a public place or a road collision. Below, we will discuss what duty of care you are owed in these scenarios, and by whom.
If you’re not sure that your case satisfies these elements, contact our advisors today to see if you may have a valid shoulder injury claim.
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Common Causes Of Shoulder Injuries That Result In Claims
Some common causes of shoulder injuries that may result in claims have been set out below.
Accidents At Work
Accidents at work can happen as a result of your employer not putting protective measures in place. This could be if your employer has failed to perform risk assessments, or fix faulty machinery or equipment.
At work, all employers owe their employees a duty of care to do all that is reasonable to prevent the risk of injury happening whilst at work. This is in line with the Health and Safety at Work etc. Act 1976, which outlines the legal framework for an employer’s duty of care.
An example of how you may suffer a shoulder injury at work includes:
- Manual handling injuries – You might have lifted more than you are able if your employer failed to properly train you and carry out a personal risk assessment.
Road Traffic Accidents
Road traffic accidents can be a leading cause of shoulder injuries. This could be an impact injury, or it could be a result of a fall if you have been knocked off your bicycle.
Whilst using the roads, whether as a pedestrian, cyclist or driver, you are owed a duty of care by all other road users. Per this duty of care, all road users must navigate in a way to prevent causing injury. The rules set out within the Road Traffic Act 1988 and the Highway Code must also be adhered to.
An example of how you may suffer a shoulder injury on the roads includes:
- A speeding driver hits you as you are crossing a zebra crossing, causing you to suffer a dislocated shoulder.
Accidents In Public
If your shoulder injury happened in a public place, you may be able to claim personal injury.
In public places, the duty of care owed to you is by the occupier, (the person in control of the premises).
In accordance with the Occupiers’ Liability Act 1957, an occupier owes any visitor of their premises a duty of care to ensure that visitors are reasonably safe when using their premises.
An example of how you may suffer a shoulder injury in a public place includes:
- You may have been using a shoulder machine in the gym, and the machine was faulty, and there was no signage to indicate this, causing the machine to malfunction and you suffer a soft tissue injury.
Contact our advisors today to assess the eligibility of your potential shoulder injury claim.
Types Of Shoulder Injuries You Can Claim For
There are various types of shoulder injuries you could claim for. Some examples include:
- Rotator cuff tear
- Shoulder strains or sprains
- Ligament or tendon damage
- Nerve damage
- Shoulder dislocation
- Brachial plexus damage
This list is not exhaustive, so if you are unsure whether you can claim for your specific type of shoulder injury, call us today to see how we can help.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How To Make A Shoulder Injury Claim
Contact our solicitors today to begin your shoulder injury claim. Firstly, you would discuss how the injury occurred, who you think is at fault and how it has affected your life. Your advisor could then inform you whether they think you have a valid claim. If they believe you have a strong case, they could then connect you with one of our expert No Win No Fee solicitors.
The Evidence You Will Need
Examples of evidence you will need for your shoulder injury claim include:
- Images or X-rays of the injury
- Workplace incident book – if the accident happened at work
- Dashcam footage or CCTV footage of the accident
- Medical records about your injury
- Details of any witnesses, so a statement can be taken from them at a later date.
Our expert solicitors can assist you with gathering evidence as part of their services.
How Long Your Claim Time Limit Is
Your claim time limit is 3 years from the date of your shoulder injury. This is set by the Limitation Act 1980.
There are exceptions to this time limit. To learn what these are you can contact our advisors.
How Long It Takes To Get Shoulder Injury Compensation
There is no fixed timeframe for how long it could take for you to get shoulder injury compensation and for your claim to settle. Factors that could affect your claim’s length include:
- If liability is being denied.
- How long it takes to gather evidence.
- If the case has to go to court.
One of our solicitors could help guide you through every step of the way. Contact our advisors to learn more about how they could help you with your shoulder injury claim.
How JF Law Can Help You Claim
Our No Win No Fee solicitors have years of experience working on various types of personal injury cases and could help you with your shoulder injury claim.
We have won £85 million for our clients and can help you in a number of different ways. For example, our solicitors could help you:
- Gathering evidence
- Advise you through the process
- Ensure your claim is started within the time limit
- Negotiate a suitable settlement on your behalf
Additionally, they could offer these services to you under a Conditional Fee Agreement, which comes with a range of benefits, such as:
- Not paying any service fees upfront.
- Not paying anything as the claim progresses.
- Having no service fees to pay if the claim fails.
A success fee will be paid to them if your claim is a success. This is a legally limited percentage of your compensation
If you would like to start your shoulder injury claim or have any questions for us today, contact us:
- Call us on 0151 375 9916.
- Fill out our contact us form.
More Information
Additional guides by us:
- How to claim if you have injured your ankle.
- Our guide on serious personal injury claims, and what to do next.
- What to do if you have been involved in a road traffic accident as a passenger.
Useful External Resources
- How to claim statutory sick pay from Gov.UK
- NHS guidance on how to deal with shoulder pain.
- Learn when to report a workplace accident from the Health and Safety Executive.
Thank you for reading this guide on how to make a shoulder injury claim.
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