How Much Compensation Can I Claim For A Shoulder Injury?
By Megan Black. Last Updated 23rd November 2023. In this guide, we look at shoulder injury claims. If another party breaches their duty of care and you suffer an injury due to this breach, you could be entitled to compensation. We take a look at a few of these situations as well as how a breach in the duty of care can cause a shoulder injury.
In order to make a personal injury claim, you must have supporting evidence. We explore a few examples of this. Additionally, we look at how long you have to start proceedings.
You might also be interested in the average compensation for a rotator cuff injury. However, as every personal injury claim has different factors impacting it, knowing the average settlement might not be useful for you. Instead, we look at how compensation is calculated in personal injury claims.
If you are eligible to claim for your shoulder injury, you might like to do so with the support of a solicitor. We conclude with a look at how a solicitor can provide their services on a No Win No Fee basis.
Get in touch with an advisor from our team to discuss personal injury claims. They’re available 24 hours a day, 7 days a week with free advice.
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- When Could I Make A Shoulder Injury Compensation Claim?
- What Can Cause A Shoulder Injury?
- Do I Need Evidence When Claiming For Shoulder Injury Compensation?
- How Long Do I Have To Claim Shoulder Injury Compensation?
- Shoulder Injury Compensation Payouts In The UK
- Making A Shoulder Injury Claim With Our No Win No Fee Lawyers
- Helpful Links
There are various daily situations where you could suffer a shoulder injury. These include:
- A public liability accident: While you are in a public place, such as a park, restaurant or a salon, the individual or organisation in control of that space owes you a duty of care to ensure your reasonable safety. This is set under the Occupiers’ Liability Act 1957. Shoulder injury compensation payouts can only be sought if injuries occurred as a result of a breach in this duty by the individual or organisation in control of the space.
- An accident at work: Your employer must take all reasonable and practicable steps to ensure the health, safety and welfare at work of their employees. This is their duty of care. It is set under the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer breaches this duty and you suffer an injury as a result, you might be eligible for compensation for a shoulder injury.
- A road traffic accident: Those who use the roads owe each other a duty of care to use the roads in a way that avoids causing damage and injury to themselves and others. As part of this duty, they should comply with the Road Traffic Act 1988 as well as any relevant rules and regulations found in the Highway Code. Should another driver’s breach in this result in you suffering an injury, you might be able to claim personal injury compensation.
In order to have good grounds to make a personal injury claim, you must prove that a third party’s breach in the duty of care they owed you caused you a shoulder injury.
If you have any questions about shoulder injury compensation payouts in the UK, speak with one of the advisors from our team.
There are various ways that you could suffer a shoulder injury. However, you must remember that in order to be eligible to claim compensation for a shoulder injury, you must be able to demonstrate that your injury was caused by a relevant third party breaching the duty of care they owed you.
Some examples of accidents that could potentially lead to a shoulder injury claim include:
- Your employer failed to provide you with sufficient manual handling training. Due to poor lifting technique and being asked to carry a load that was too heavy for you, you suffer a serious shoulder injury as well as a sprained back.
- A driver fails to check that a junction is clear before quickly pulling out. This causes them to crash into the side of your car, and you suffer a dislocated shoulder.
- While in a supermarket, you slip on a spillage that hasn’t been signposted in a timely manner. This slip causes you to suffer a shoulder injury as well as a broken ankle.
These are only a few examples of potential accidents that could lead to you pursuing a personal injury compensation claim. To check the eligibility of your specific case, you can contact a member of our advisory team.
When making a personal injury claim for shoulder injury compensation, you will need to prove negligence occurred. Gathering sufficient evidence could help prove the injuries you suffered as well as liability.
Some examples of the evidence you could submit to support your claim include:
- Videos of the accident, such as CCTV footage.
- The contact information from any witnesses to the accident, so they can give a statement later on in the claiming process.
- A copy of your medical records that state the type of injury you suffered and the treatment required.
- Photographs of the accident scene.
One of our solicitors could help you with gathering evidence for your claim, provided you have a valid case.
You can get in touch with our advisors to discuss settlements for a shoulder injury 24 hours a day, 7 days a week. In addition to telling you how much a shoulder injury may be worth, they could also inform you whether you could be eligible to work with one of our solicitors.
Claims for shoulder injury compensation payouts must be initiated before the personal injury claims time limit expires. The Limitation Act 1980 sets this as generally three years from the date of the incident that caused your injury.
However, in certain circumstances, there are exceptions to this limitation period. These include:
- Those lacking the mental capacity to begin their own personal injury claim. These injured parties have an indefinite time limit pause. A litigation friend can start proceedings on their behalf. However, if the injured party regains this capability without a claim having been made for them, the time limit will be reinstated from the recovery date.
- Children under the age of 18 cannot start their own personal injury claim until their 18th birthday. Prior to turning 18, a litigation friend can seek compensation for a shoulder injury on their behalf. However, if they turn 18 without a claim being filed on their behalf already, they will have three years from the date of their 18th birthday to initiate proceedings.
Speak with an advisor from our team to discuss limitations when seeking shoulder injury compensation payouts in the UK.
If you have valid grounds to make a personal injury claim for a shoulder injury, then there are certain questions you may be asking regarding the compensation you could receive. Questions may include those along the lines of “How much is a shoulder injury worth?” or “If I can claim for shoulder pain after a car accident, what compensation amount could I receive?”
When a successful personal injury claim is made, compensation is typically provided as a lump sum. A lump sum payment for a shoulder injury in the UK includes general damages and may also include special damages.
General damages are meant to compensate you for the pain and suffering you’ve experienced due to the symptoms of your injury. Compensation amounts for general damages are decided on a case-by-case basis.
When a legal professional, such as a solicitor, is valuing this head of your claim, they may refer to the Judicial College Guidelines (JCG). We have listed some of the amounts from the 16th edition of the JCG in the table below, as this document provides guideline compensation brackets for various injuries.
The table should be used as a guide only.
|Multiple Injuries Plus Special Damages||Serious||Multiple injuries that are serious with compensation for special damages such as a loss of earnings.||Up to £150,000+|
|Psychiatric Damage||Severe||The injured person will have marked problems in relation to their ability to cope with life, education and work. They will also have a poor prognosis.||£54,830 to £115,730
|Shoulder Injury||Severe||Injuries such as severe brachial plexus damage, resulting in a serious disability.||£19,200 to £48,030|
|Shoulder Injury||Serious||Shoulder dislocation, causing pain in the shoulder, aching in the elbow and impairing grip strength.||£12,770 to £19,200|
|Shoulder Injury||Moderate||A frozen shoulder injury which causes discomfort and limited movement.||£7,890 to £12,770|
|Shoulder Injury||Minor (i)||Such as a soft tissue injury which causes considerable pain but results in an almost complete recovery within two years.||£4,350 to £7,890|
|Shoulder Injury||Minor (ii)||A full recovery from a soft tissue injury within 1 year.||£2,450 to £4,350|
|Shoulder Injury||Minor (iii)||A soft tissue injury in the shoulder that takes 3 months to recover from.||Up to £2,450|
Another potential area of your shoulder injury claim could include special damages. This is when you could be reimbursed for various costs, losses, and expenditures that have taken place as a result of the accident that also caused your injury. Below, we have included a few examples:
- Travel costs – For instance, you may be unable to drive during your recovery period. Therefore, it could be that you need to make use of public transport or taxis.
- Medical expenses – Prescription painkillers, for example.
- Loss of earnings – Your capacity to work, and therefore earn, may be affected by your injury. This could result in a reduced or non-existent income whilst you recover.
- Other expenses – You may have paid for certain events such as holidays or a concert that your injury prevents you from attending.
For more information on the potential value of your compensation for a shoulder injury, get in touch with us today.
One of our lawyers may be able to help you claim shoulder injury compensation, if you have an eligible case. They may also offer to work with you under a Conditional Fee Agreement.
Some of the benefits of making a claim with lawyer under this No Win No Fee arrangement include:
- Not having to pay them anything upfront for them to start working on your claim.
- Not having to pay any service fees during the duration of your claim.
- If your claim is unsuccessful, you will not be required to pay them a fee for their services.
If your lawyer succeeds with your claim, you will pay them a success fee out of your compensation award. The percentage that can be deducted as this fee is legally capped.
To find out if you could be eligible to work with one of our No Win No Fee lawyers for your shoulder injury claim, you can contact our advisors. They are available 24 hours a day to offer you free advice and help answer your questions.
They can be contacted by:
- NHS Shoulder Impingement Syndrome
- How Much Compensation For A Car Accident Claim
- Whiplash Compensation Calculator
- Learn how to make a claim for employer negligence at work and find compensation examples too
- I Slipped On Ice – Can I Claim Compensation?
Thank you for reading our guide on shoulder injury claims. We hope you’ve learned a lot about how to claim shoulder injury compensation.