How Much Compensation Can I Claim for a Shoulder Injury? 2021 Update
Lasted Edited BY Michael on the 15th of January 2021. Shoulder injuries happen for a large number of reasons. For instance, they could be caused by a workplace accident, a road traffic collision, or a seemingly unremarkable trip or fall. In any event, your shoulder could become damaged. Such injuries can damage a rotator cuff, fracture a bone, leave you with a frozen shoulder, or otherwise harm you. Furthermore, these injuries can cause long-term pain and trauma.
Many victims of shoulder injuries do not seek compensation. They might not understand that they could receive an injury payout if a negligent third party is to blame. For example, if you were to a trip or fall in the street due to a broken kerbstone, you may damage your shoulder in the process. As a result, you could have grounds to claim against the responsible party, which could be private landowners, business owners, or the city council.
It’s not always possible to predict a shoulder injury’s devastating effects, primarily when a negligent third party causes it. Occasionally, the victim can be left incapable of work. Not only does this harm their future earning potential, but it can be a primary cause of lingering psychological issues. A shoulder injury could also cause various implications, ranging from physical trauma, psychological damages, and even financial loss. Therefore, it’s crucial to ensure your long-term future is protected against the effects of serious injury. This guide aims to help you understand how to deal with the aftermath of severe damage to your shoulder.
Select a section:
- A guide to shoulder injury compensation claims.
- What can I claim for if I have sustained a shoulder injury in an accident?
- No win no fee shoulder injury compensation claims.
- For what reason can I claim compensation for a shoulder injury?
- What can cause a shoulder injury?
- Assessing the severity of a shoulder injury.
- What to do if you need to claim compensation for a shoulder injury.
- Compensation claim amounts for shoulder injuries.
- Why choose us as your claim service?
- Call for free advice and to start a claim.
In this guide, we shall outline the most critical factors you need to consider when assessing a potential shoulder injury claim. We will also outline what shoulder claim amounts could be awarded to victims of third-party negligence and how a personal injury solicitor could assist you when claiming this nature.
If you have been the victim of an accident resulting in a shoulder injury that wasn’t your fault, we’ll provide you with impartial advice regarding the claims process. However, if you have any additional questions regarding the content within this guide or even your personal case, please reach out and speak to one of our advisers.
Our team would be more than happy to speak with you.
We receive a lot of questions regarding the claims process. Most commonly, we hear questions from claimants regarding compensation. Compensation can include (but is not limited to) the following types of damages both:
- General damages – A claim for general damages will compensate you for the actual injuries you have suffered, and the agony and discomfort you have experienced or will continue to endure. Compared to other damages, naming an exact figure can be difficult. We will reach the eventual amount thanks to a combination of expert opinion, tangible evidence, and examples of how the injury has impacted your day-to-day life. A doctor might evaluate pain, suffering, disfigurement, psychological trauma, a reduction in the quality of life, or social factors which can stem from an injury.
- Special Damages – You will be able to seek compensation for special damages. Fundamentally, special damages will be made up of any ‘out-of-pocket’ expenses. These are costs you have suffered as a direct result of the accident and can be easily calculable: a loss of wages, unexpected medical bills, ruined clothes, travelling expenses, etc. Typically, the special damages claim will be less difficult to calculate as you will have concrete evidence (such as receipts, invoices, and bills).
- Medical expenses – Medical expenses can be compensated if they are sustained due to your accident. For example, if you have injured a shoulder, seeing a specialist could incur charges and would form part of the compensation for shoulder injury requiring surgery costs. It can also include prescription charges and treatment costs. If you are considering a claim, remember to keep track of all the costs you might incur. Receipts and other proofs can be very useful in establishing a settlement total.
- Travelling expenses – Much like medical expenses, travel expenses are easy to track and can form a small but essential part of any remuneration package. If you have been forced to travel to a doctor’s office, for instance, then you might be due compensation for this trip. Keeping tickets, receipts, and a detailed itinerary can be very useful.
Taking advantage of our ‘No Win No Fee’ agreement reduces the injured party’s financial burden. If you consider talking to a solicitor about a potential claim, then upfront payments can be incredibly off-putting. Our arrangement solves this. We push hard to win your case, delivering the compensation you rightly deserve. As our fees are charged only in the event of a successful case; you do not need to be worried about the financial burden of making a claim. Additionally, you can be sure that we will fight even more challenging to help you win.
Our expertise in all legal matters cuts down on the difficulties and removes the legal jargon; we’ll evaluate your case and help you understand the situation. It’s a fantastic arrangement for those who are worried about their future, curious about their rights, or who want to be assured that they won’t lose money.
What’s more, you can trust that our approach is regulated and safe. We adhere to what is known as a Conditional Fee Agreement (CFA). This is how the law governs agreements such as our ‘No Win No Fee’ deal. Not only does it provide legal protection for clients, but it regulates the amount we can charge. For instance, we’re prevented – by law – from charging more than 25% of the final compensation fee. This is the absolute maximum we are permitted to assess in this respect and helps you ensure that you will take home at least 75% of the final compensation amount. What’s more, individual cases are often charged at a much lower rate. Without making any payments upfront, you can find out more about our ‘No Win No Fee’ approach today.
Shoulder injuries are among the most common types of accidents. In many cases, shoulder accidents can be an unexpected turn of events. However, if a negligent third party causes an accident, then the injured party could have grounds to make a claim. Many accidents that cause shoulder injuries can occur in numerous ways. So what are the reasons why you might seek to claim compensation following an injury?
- Negligence of a third party – if the accident that caused a shoulder injury was the fault of somebody else, either directly or indirectly, you could have valid grounds to make a compensation claim. For instance, if you were to trip over a broken pavement that is the local council’s responsibility, you could seriously injure yourself. In return, you could have grounds to claim against the council for failing to adhere to their duty of care.
- Employer negligence – if the accident that caused the shoulder injury occurred at work, your employer may be liable to pay damages if they are at fault. Health and Safety at work regulations are in place to ensure that the workforce is kept safe in their working environment. If your employer has failed to comply with this legislation, then they could be held accountable, and you would have a valid reason to make a claim.
- Medical negligence – if your shoulder injury has been caused by a hospital, doctor or other medical practitioners, then you may be able to claim compensation for the mistake they have made. Medical professionals are expected to cause no harm to patients, and if they do through an error, are liable for damages.
The examples provided above are some of the basic reasons why a compensation claim following a shoulder injury could have potential. However, please note that there are endless causes that could ultimately cause a shoulder injury.
The section below will build upon this information in an attempt to show how different types of shoulder injuries can happen, and who would be liable to pay compensation for them. If you are ready to begin your shoulder injury claim, why not give us a call using the number at the top of the page.
Shoulder injuries can happen in almost any situation. However, in our experience, there are three primary circumstances in which accidents typically result in damages to the victims’ shoulder. In these situations, making a claim could not only be beneficial for you but could help others avoid the same fate. But what are the most common causes of shoulder injuries?
Shoulder Injury Treatment
- Physiotherapy – A good course of treatment will be of immense benefit to your shoulder injury. Ideally, physiotherapy should take place as soon as possible after the damage has been diagnosed. Unfortunately, the waiting times for cases that are not considered to be emergencies can be extremely lengthy, especially in a public health system. To prevent an injury from worsening, it might be recommended that you opt for private treatment. However, this can be costly. Though private treatment can be expensive, these costs can eventually form part of your settlement. Furthermore, interim payments could be arranged to sponsor treatment before the claim is finally settled. A personal injury claim can help to guarantee your access to the best and most necessary medical treatment and physiotherapy as soon as possible.
- Rehabilitation – Similar to physiotherapy, rehabilitation can be an essential part of any recovery program. If you have needed private assistance in this respect, then a successful claim could help you win back the cost of visiting a rehabilitation clinic.
A Shoulder injury from an accident at work
Understandably, we spend a great deal of time in our respective workplaces. As such, employers are bound by law to provide us with safe working environments. Legislation such as health and safety regulations provides employers with a set of rules and guidelines to prevent accidents and injuries. These are not only physical – such as guardrails and warning signs – but they can often be education-related, in the form of training and performance reviews. When an employer fails to adhere to these guidelines, they often bear the burden of responsibility when something goes wrong.
If an accident occurs in a workplace, a business might be responsible for failing to implement a proper health and safety regime. Should you suffer an injury in such an environment, then you could be due to a workers compensation shoulder injury settlement. Examples of such incidents and injuries can include machinery and equipment which has not been correctly stored or maintained, slippery or wet floors which are not signposted, cracked tiles, and many other situations.
Not only are accidents a cause of shoulder injuries, but repeated physical activity such as lifting heavy loads, can be damaging. Sitting at a desk with incorrect posture can also affect your shoulder. Your employer could be duty-bound to provide training, advice, and protection to prevent injury in the circumstances such as these.
Workplace Accident Statistics
We previously mentioned, a workplace accident caused by negligence could ultimately comprise your health and well-being. In return, you could endure countless traumas, such as a shoulder injury.
Within this section of the guide, we wanted to take a moment to provide you with some relevant statistics provided by the Health and Safety Executive (HSE) regarding workplace accidents.
- 1.6 million employees who unfortunately suffered from a work-related illness.
- 111 workers were fatally injured at their place of work.
- 38.8 million working days were lost due to a workplace injury or work-related illness.
- An estimated £16.billion in expenses were the direct result of workplace injuries or ill health due to lacklustre working conditions.
Please note that the statistics provided above are not automatically in relation to negligence.
A Shoulder injury from a road traffic accident
Accidents involving automobiles or traffic can be just as frequent as those in the workplace. For example, it is likely to suffer a rotator cuff injury from a car accident. Given the intensity and the forces of such collisions, damage to the shoulder (as well as other body areas) are regularly reported. As well as the bones of the shoulder, it’s also possible to damage the nerves, muscles and tendons, and brachial plexus. Accordingly, we have a lot of experience in dealing with winning claims for a shoulder injury after a car accident.
Road Traffic Accident Statistics
As we previously mentioned, a road traffic accident can often lead to a shoulder injury. It is for that reason why we have taken the time included some relevant statistics provided by the Department for Transport (FDT).
The Department for Transport (DFT) has provided a statistical impact of road-related accident per vehicle type:
- 6% of accidents were caused by other factors.
- 19% of accidents in 2019 involved motorcyclists.
- 42% of accidents involved cars.
- 27% of accidents involved pedestrians.
- 6% of accidents in 2019 involved cyclists.
A Shoulder injury from an accident in a public place
Health and safety regulations do not just apply to the workplace or the road. In public places, the owner or the occupier has a responsibility to help you avoid accidents. The local council, for instance, should help ensure that the pathways and pavements are not dangerous. If for example, a cracked paving slab causes a person to trip and injure their shoulder, that person might be due compensation from the council.
In addition to the government, the owners and operators of public places such as shops and supermarkets have a similar responsibility level. This does not just cover the shop floor but can extend to the car park and other public spaces operated by the business. Spillages, pathway defects, loose tiles, and many other issues can result in an injury which could lead to a successful claim.
Assessing a shoulder injury is difficult. There are three main parts of the shoulder area, including the shoulder blade itself and the bones in the joint. Also, there are your rotator cuffs, your brachial plexus, and the ligaments and tendons. All of these can be damaged in an accident.
Symptoms can range from pain to numbness to a tingling sensation in your fingertips. Without expert help, it can be incredibly tough to diagnose the severity of an injury or provide an estimation of the potential settlement you could receive for a torn rotator cuff. This is especially true of long-term conditions caused by an injury. While the joint might seem fine currently, this is not to say that the injury has left no lasting damage. This is why finding the right doctor can make such a difference and can help you assess whether your claim is legitimate. We can help you by arranging for a local medical examination if you need one as part of the process of making a compensation claim.
You can take several steps that can significantly improve your chances of a successful injury claim after a shoulder injury. After an accident, you must receive medical treatment. This might be a cold compress, and it might require a first aid kit or a trip to the doctor or even the emergency room. Your health and safety should be paramount. Once this is guaranteed, you can begin to think about your claim for shoulder compensation payouts.
Having photographs of the environment in which you were injured, as well as photos of the injury itself, can be hugely helpful in establishing your claim. Witness testimony can help as well, so getting the contact details of anyone present should be considered. While doing this, be sure to keep the receipts and details of any costs incurred, such as train tickets or parking tickets. Once you feel you are in the right state of mind, you should talk to a solicitor. They will advise you as to whether you have a case and what to do going forward.
One of the most common questions we receive is from people wanting to know just how much compensation they will receive, especially for permanent shoulder damage. However, providing a written estimation of shoulder injury claim value is difficult. Thankfully, our experience gives us a great deal of insight. We’ve put together the table below using shoulder injury compensation case studies and our own experiences in order to provide you with an idea of the shoulder impingement compensation amount that could result from your case. For instance, rotator cuff injury compensation amounts vary from £3,900 to £9,300. A claimant with a severe shoulder dislocation with lasting pain may get somewhere between £9,700 and £14,600. Take a look at the table to discern your possible shoulder injury compensation payouts better.
|Shoulder Injury||Severe||Injuries such as severe brachial plexus damage, causing full immobility of the shoulder.||£14,600 to £36,500|
|Shoulder Injury||Serious||Medium-term injuries such as serious shoulder dislocation, causing full immobility of shoulder.||£9,700 to £14,600|
|Shoulder Injury||Moderate||Short-term injuries such as a frozen shoulder injury.||£6,000 to £9,700|
|Shoulder Injury||Minor||Such as a minor fracture of the clavicle, that still leaves the shoulder free to move.||Up to £6,000|
Our goal is to ensure that anyone who suffers a shoulder injury due to an accident, regardless of their financial status, can receive the legal advice and representation they require. Thanks to our years of experience, we know the intricacies of compensation claims. We understand how tricky such claims can be and how taxing they can become. Providing clients with a dedicated, friendly means of winning compensation means that we are the ideal law firm for you. From car accidents to worker’s compensation shoulder injury settlements, we have a broad-ranging expert knowledge that can help you unlock the case.
It all starts with a phone call. If you have read through this guide and believe that you may have injured your shoulder in a similar situation, then you can call us for a chat. We can offer you advice for an array of questions, such as “What is the average settlement for a torn rotator cuff?”, “How much can I get for a shoulder injury?” or even “How much is a torn rotator cuff worth?” From there, we can set up a more in-depth phone consultation if you hadn’t the time on the first call. Unlike other law firms, we don’t charge any upfront costs, and we’ll be entirely honest with you right from the first conversation. If we believe you have a case and we believe we can help, we’ll tell you exactly that. Our sincerity and outstanding customer service have to lead to a litany of satisfied clients and successful cases.
Thanks to our ‘No Win No Fee’ approach, there’s never been a better time to enquire. If you believe you have a genuine case, then you have very little to lose. Unless we’re successful in arguing your case and winning you compensation, you don’t have to pay a penny.
If you have recently been the victim of an accident and have suffered a shoulder injury, claiming compensation might be the next logical step. As the law firm best suited to handling your case, we are ready and waiting to take your call. Thanks to our ‘No Win No Fee’ arrangement, there’s no cost involved in finding out whether you could be due compensation. Whatever your injury, we’re ready to take your call. Ring today and discover what we can do to help you.