Shoulder Injury Compensation Claims – Here is Your Guide:
The Shoulder Joint is one of the most important joints in the body and by using a ball and socket it allows a wide range of motion for the arms as well as supporting the body.
Types of Shoulder Injuries
There are a whole number of different types of shoulder injuries, but here are some of the most common:
Rotator Cuff Tears
The rotator cuff consists of a group of four muscles and tendons which serve to stabilise the shoulder joint.
The muscles can be damages by repetitive motion over time but they can also be caused by a single traumatic event or accident.
For instance, a rotator cuff tear can be terribly painful and movement may be limited.
If the injury is minor then the rotator cuff injury may over time heal without any intervention but in the majority of cases treatment will be necessary, especially if the injury involves a rotator cuff tear.
Injuries can be treated conservatively with a course of steroid injections and physiotherapy but this if this is a serious shoulder injury surgery will be required.
A dislocated shoulder happens when the ball portion of the joint comes out of the socket. Again, this can be an awfully painful injury.
It’s important to see a doctor straight away so it ca be determined if your shoulder has been dislocated in which case it will need to be reset.
Once your shoulder has been reset, you are probably going to need to wear a sling for a some time. Physiotherapy may also be requires in an effort to facilitate the range of motion and strength in your shoulder.
Frozen Shoulder Injury
Frozen shoulder is a condition in which the shoulder joint becomes stiff and painful. It typically occurs after an injury or surgery to the shoulder.
The symptoms of frozen shoulder usually include pain and stiffness in the shoulder and this can get progressively worse over time.
The pain is often worse at night and people can often struggle to sleep. Meanwhile the stiffness associated with a severe injured shoulder may make it difficult or impossible to raise the arm above the head.
Shoulder impingement occurs when movement in the shoulder joint is restricted and this therefore limits your ability to move your arm.
This can be due to a number of things, such as a rotator cuff injury or arthritis. The impingement can be treated with cortisone injections or physiotherapy but if conservative treatment doesn’t have the desired effect then the shoulder injury requiring surgery may be the last resort.
Shoulder impingement compensation can be significant and if the symptoms don’t settle and surgery becomes the only option then unfortunately such injuries can result in the possibility of a shoulder replacement and a significant time off work.
Brachial Plexus Injury
This shoulder injury happens when there is stretching or damage to the brachial plexus which is a series of nerves connecting the spinal cord to the shoulder arm and hand.
A shoulder injury of this type can happen following the dislocation of the shoulder or when the arm is in some way jolted and pulled.
There are a number of different types of brachial plexus injuries which range from mild to severe.
A mild injury can lead to a fleeting numbness or weakness in the arm whereas a much more serious injury can even involve paralysis of the arm or an ongoing loss of sensation.
In the most serious of cases the nerves can be torn away from the spinal cord resulting in permanent paralysis and this is know as an “avulsion” of the shoulder.
What are the Main Causes of Injuries to the Shoulder?
Have You Suffered a Workplace Accident?
If you have suffered a shoulder injury at work then you may well be considering whether you have a claim against your employer.
Much will depend upon what happened exactly and whether your employer or a fellow employee was in some way to blame for the workplace accident.
The shoulder problem may have arisen out of RSI (repetitive strain injury), a fall you have sustained from from height or possibly a slip or fall whilst at work or heavy lifting.
There are clearly a whole series of possibilities of how a shoulder injury claim can arise in the working environment and of course if you would like to discuss any injury you have suffered in any circumstances and how to bring a successful claim then we would be delighted to hear from you.
Claiming compensation on a no win no fee basis is what we specialise in and we take great pride in providing a really good, attentive service throughout the claims process for all our Clients.
Shoulder Injuries Sustained in a Public Place
It is not uncommon for shoulder injury compensation claims to arise of of accidents that occur in a public place. It’s easy to see how the shoulders can be injured in a trip or fall where the individual lands heavily and awkwardly on the ground.
The shoulder, like any part of the body, is vulnerable to injury in a fall and once injured it can cause a huge amount of pain and suffering.
If you have suffered a shoulder injury in public which was caused by someone else’s negligence then it is definitely worth contacting a specialist solicitor with a view to bringing a shoulder injury claim.
Road Traffic Accident Claims and Shoulder Injuries.
In a road traffic accident the body and in particular the shoulder is restrained by the seatbelt and therefor shoulder injuries (as well as neck injuries) are extremely common in the context of a road traffic accident.
As we have already seen the shoulder is a complicated joint which is made up of bones, muscles, tendons, and ligaments and is liable to sustain a wide range of injuries.
In the context of a car accident the most common type of shoulder injury of all is a dislocated shoulder which happens if the shoulder joint is forced out of its socket as a result of someone else’s negligence.
Can You Claim Shoulder Injury Compensation?
The best way to find out out is to contact specialist personal injury solicitors who will be able to takedown all the details and make an assessment in relation to liability and the prospects of shoulder injury compensation.
- To claim shoulder injury compensation it will be necessary in general terms to prove that the accident was caused by someone else’s negligence so in other words there was someone else who was at fault or to blame in some way.
- A shoulder injury claim could arise for example against an employer who has failed to put in place a proper health and safety regime exposing you to a risk of injury.
- It could also be a company who has permitted premises where the accident occurred to become unsafe.
- Equally the claim might arise against a driver of a vehicle who was careless and caused an accident resulting in a shoulder injury.
- It is also important that you are able to prove that you suffered a shoulder injury as a direct consequence of the proposed defendant’s negligence.
- Your contemporaneous medical records will be important in this context as they will detail the nature and extent of the shoulder injury. In the same way, accident report forms can also be helpful evidence when you gather evidence to prove the shoulder injury.
If you are in doubt about whether to bring a claim then it is certainly sensible to contact a personal injury solicitor straight away. They will be able to assess matters and advise you whether they consider you can bring a successful shoulder injury claim claim.
Make a Shoulder Injury Compensation Claim
- How ever you have suffered your shoulder injury we will be able to let you know if there are prospects of bringing a successful claim.
- If you get in touch for initial free legal advice and we will be delighted to discuss the circumstances of your accident and let you know if you may be able to claim shoulder injury compensation.
The Far Reaching Effects of Shoulder Injuries
There is no doubt that a shoulder injury can have far-reaching effects that go further than just physical pain and discomfort.
Shoulder injuries frequently result in making everyday tasks much more challenging and this often means that quality of life suffers as well.
While ongoing shoulder pain can be all consuming the psychological effects can be just as debilitating. Chronic shoulder conditions and injuries can lead to anxiety and a fear of a recurring injury which again can have a detrimental impact upon life generally.
Shoulder injuries can take an awfully long time to recover specially if surgery proves necessary so the psychological effects in relation to personal injury claims cannot be underestimated.
What Are Shoulder Injuries Worth?
Types of Shoulder injury can vary enormously in terms of severity and treatment so there is an extremely wide bracket of damages in relation to possible shoulder injury compensation amounts.
- A shoulder injury which resolves quickly and involves soft tissue injuries only and no time off work is going to be at the bottom end of the possible range of awards.
- On the other hand a serious shoulder dislocation or broken shoulder bones, severe brachial plexus damage or a torn rotator cuff where there is a huge impact on daily life and a long recovery time over months or years is going to be at the top of the possible awards especially if surgery is required.
In relation to those shoulder injury claims that involve the more serious injuries with a long period of recovery then your solicitor will need to give immediate thought to medical expenses required and whether interim compensation payments are necessary.
The Starting Guide when Valuing Compensation: The Judicial College Guidelines (JCG)
The wide bracket of damages which relates to final shoulder injury compensation is illustrated when consulting the Judicial College Guidelines (JCG).
The figures set out below dealing with shoulder injury compensation were updated in April 2022 and are used by personal injury lawyers as a reference point when looking at the broad value of their client’s claim.
Severe Shoulder Injury £19,200 to £48,030
Serious shoulder injury £12,770 – £19,200
Moderate shoulder injury £7,890 to 12,770
Minor shoulder injury up to £2,450
It has to be said that you need to be careful when using a shoulder injury compensation calculators as they can be inaccurate and misleading.
There is no substitute for speaking directly with a no win no fee shoulder injury expert to find out what your claim is likely to be worth. A shoulder injury compensation calculator may give you a starting point but that is all.
If you would like to receive a more accurate valuation of your shoulder injury compensation claim then please contact us so we can go through the details and let you know our thoughts about how much compensation your shoulder injury is worth.
Gathering Evidence for Shoulder Injury Compensation Claims
- If you decide to start your shoulder injury claim then it will be necessary for you to gather together evidence so that you have the best chances of succeeding with your shoulder injury claim.
- Of course your chosen no win no fee solicitor will be able to help by highlighting exactly what you need when claiming shoulder injury compensation.
Photographic and CCTV Evidence
You can never under estimate the potential importance of photographs which can be extremely important in terms of liability for personal injury claims.
There may also be CCTV footage which needs to be preserved so that it is not erased by the Defendant.
If it is known or suspected that there is relevant CCTV footage in existence then in practice either the Claimant or the Claimant’s solicitor needs to contact the defendant as soon as possible to ensure the footage is retained and preserved.
It is not uncommon for the Defendant in a personal injury claim to lose or inadvertently destroy CCTV so the sooner that a formal request is made for the Defendant to keep hold of any footage the better!
Photographs can also show the nature and extent of the injuries involved and it is a good idea to take photographs over time so it is possible to see how the injuries are healing. Photographs showing the injuries can be very useful in helping the parties and the courts in determining how much compensation is appropriate.
Make sure that you keep your shoulder injury claim photographs safe so there is no chance of them being lost or deleted in error. We know only too well that on occasions our client will change their mobile phone after the accident only to find that the photographs they had taken were stored on the old phone which has been wiped!
It’s surprising how often liability photographs showing accident scene can make all the difference when persuading either the other side or the Courts that the Defendant was at fault for the accident.
Eyewitness statements are clearly very important in the context of personal injury claims and especially in relation to shoulder injury compensation payouts.
Once you are in a position to make enquiries following your accident you should find out who witnessed the accident and what they saw exactly.
If they are able to confirm what actually caused your accident and how this was dangerous then you should see if they are prepared to make a statement.
We know on occasions some witnesses are reluctant to provide statements especially in the context of an accident at work where it is perceived the witnesses employment position would be under threat.
Of course in employment law and employer cannot sack somebody who is simply providing an honest statement about what happened in a shoulder injury accident but this does not stop some witnesses worrying.
If the witness is prepared to help then their details can be forwarded to your solicitor so that a formal statement for your shoulder injury claim can be prepared.
It is important when making shoulder injury compensation claims that your solicitor makes an early assessment of what witness evidence is available and to make sure all available witnesses are interviewed.
Financial Evidence and Shoulder Injury Claims
It will be for your solicitor to gather together all the financial losses that arise out of your claim.
- If you are off work and suffer a loss of earnings then a claim for your net losses will need to be submitted in this respect. If you are self-employed then maybe your accountant is able to help quantify the loss and if you are employed then it should be relatively easy to obtain the necessary information from your employer.
- In addition to loss of earnings there will be other heads of loss that need to be considered. Every claim is different and in order to be in a position to claim the best compensation you need a personal injury solicitor who is knowledgeable and experienced and able to advise you in terms of how your particular claim relates to the various heads of loss that are claimable.
- On a basic level there will be travelling expenses, prescription charges and a whole list of incidental expenses that you should be in a position to recover. For instance you may have undergone private medical treatment which will need to be repaid by the defendant.
Your solicitor will take instructions in relation to all possible financial losses to ensure you are in a position to recover what you are entitled to claim for when you make a shoulder injury claim.
Establishing the Nature and Extent of Your Injury
This should be a fairly easy task to achieve as there will be contemporaneous medical records which sets out all the relevant information about your injury.
It follows that if your compensation claim involves one of the most common shoulder injuries then you will have been seen by your doctor or medical staff at hospital who will have assessed and treated your injuries.
All your medical records will be obtained so they can be reviewed by the independent medical expert who will be instructed by your solicitor as part of the claims process to prepare the medical evidence which will form the basis of the quantification of your claim.
Naturally if you have any photographs of your injuries then these may be helpful when assessing the possible value of your claim.
If you are unsure of the type of evidence required to make a shoulder claim, then you should not hesitate to speak to a personal injury lawyer who will be able to give you advice.
No Win No Fee Shoulder Injury Claims
Making a shoulder injury compensation claim on a no win no fee basis is a sensible way to proceed because if for any reason the claim is lost your solicitor will not charge you a fee.
It is therefore in your solicitors interest to make sure that in the first instance your shoulder injury compensation case has reasonable prospects of success and secondly and most importantly that you go on to win your injury compensation claim.
It follows that a genuine no win no fee agreement (sometimes known as a “conditional fee agreement”) will not involve any upfront payments and no risk to you in the event that your shoulder injury claim is not successful.
No win no fee solicitors like ourselves specialise in securing the very best compensation for our clients and to summarise, no fee means exactly that, there will be no fee if we are unable to win your shoulder injury claim – you will simply owe us nothing.
How much Compensation for your Claim? Contact us now, find out and make a shoulder injury claim…..
Shoulder Injury Compensation Claims FAQ’s
How much can I claim for a Dislocated Shoulder?
A dislocated shoulder can involve significant pain and suffering, as well as a loss of mobility. Depending upon the extent of the injury you may be able to claim up to £45,000 for pain and suffering, as well as any medical expenses and losses incurred.
Can You Claim for a Soft Tissue Injury?
Shoulder Injury Compensation Claims sometimes only involve a soft tissue injury without any breaks or fractures. Provided the soft tissue injury was caused by another party’s fault then injury compensation should follow. The injury compensation you can claim will depend upon the seriousness of the injury to the shoulder blade and the overall impact upon your life.
Can Frozen Shoulder be Permanent?
In most cases frozen shoulders will improve, although in some instances patients may develop a permanent loss of mobility in the shoulder and may never be able to recover the full range of movement they had before.
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“Mr Mckay asked us to help him with his car accident claim: "Although the legal process is very complex I was very grateful to the person who guided me through the maze. Thank you."
Mr Kenneth McKay from Lancashire