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How Much Dislocated Shoulder Compensation Could I Claim?

This page contains a guide to making a claim for dislocated shoulder compensation. A dislocated shoulder is a serious injury, especially for the elderly. In the worst case, the shoulder can become permanently harmed, reducing function and leaving you with some level of disability. If you suffer such an injury due to the actions of a third party, you may be in a position to make a compensation claim for the pain and suffering you have gone through. This guide explains why you may be able to claim, and how.

Dislocated shoulder

Dislocated shoulder injury compensation guide

If you do intend to try and make a claim, it will be based on circumstances that are at least partially unique to you. Claims can be similar but they are never identical. We can only go over so much information in this guide. You may still have questions you want answers to, in this case, we need to let you know that our claims line is manned 24 hours a day, every day of the week. Call any time and one of our expert advisors will answer your questions for you. You can call us on 0800 073 8804 or request a call back by using our contact form.

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What Amount Of Dislocated Shoulder Compensation Could I Receive?

To make a personal injury claim for dislocated shoulder compensation you will need to prove that you have been injured because of a breach in the duty of care owed to you. Employers, road users and those in control of public spaces all owe a duty of care to keep us safe as we go about our daily business. If you suffer an injury because this duty has been breached then you could be eligible to seek compensation in a personal injury claim.

In this guide to making a claim for dislocated shoulder compensation, we intend to try and give you as much information as we can about the personal injury claims process. This guide is separated into two parts. The first part gives a lot of background information and advice on the circumstances of a potential claim. Using the NHS website we look at how a dislocated shoulder is diagnosed and treated in their online guide.

The second half of this guide moves on to look at the information that is important in relation to the claim itself. You will find we added a dislocated shoulder compensation table with ranges of general damages listed. Additionally, you will find a discussion of the types of damages you might seek and why. We have also taken time to give an explanation of the process of using a No Win No Fee lawyer to help you make a claim. We close this guide with some advice on how to get in touch with us, and some links that you may find to be useful.

Claims Time Limits Explained

A claim for dislocated shoulder compensation must be started within the applicable time limit. It will not matter how long the claim takes to process, as long as it is begun within the deadline.

There is a general claims limitation period of three years from the date of the incident. However, sometimes injuries are not always connected to negligence straight away. So sometimes the date from when the limitation begins can be three years from the date of knowledge.

But, there are certain situations whereby this deadline is different. Two examples of this are where the claimant is under the age of 18, or where they do not have the mental capacity to pursue a claim alone. If you call and talk to one of our claim advisors, they can tell you exactly which time limit will be in place.

How Do I Make A Successful Personal Injury Claim?

When making a compensation claim there is no legal requirement that says you must hire personal injury solicitors. That said personal injury solicitors will have the capabilities, experience and knowledge that could increase the chances of your case being successful. If a solicitor takes on your case they will want to check that you meet specific criteria. You must be at least only partially be responsible for what happened. If you are at complete fault for the accident in which you suffered the injury you would not be eligible to claim.

In many cases, this means proving that the third party had a duty of care towards you, to not cause you harm, and that a breach of duty of care did actually harm you. This is called a but-for test. Put simply, but for the actions (or inaction) of the third party, you would not have suffered harm.

Later in this guide, we will give some advice on how to go about proving the validity of your claim. However, if you would prefer the advice of one of our claims team, please feel free to contact us.

Which Treatment Should I Receive For My Shoulder Injury?

A dislocated shoulder according to the NHS is when the upper part of the arm is dislocated from the joint or socket. This particular socket is prone to dislocations. Very often this is due to the fact that the actual socket is very shallow.

If a dislocation takes place sometimes ligaments and the surrounding soft tissue can become overstretched. Dislocating your shoulder is by no means a minor injury, it can also be very painful.

Medical treatment needs to be sought if you believe that you have dislocated your shoulder. Having any injury looked at straight away gives you a better chance of making a full recovery and at a quick pace. Usually, a dislocated shoulder will take about 12-16 weeks to heel.

What Are The Symptoms Of A DIslocated Shoulder?

The severity of the pain you went through, and how bad your dislocated shoulder symptoms were, will have an impact on the level of dislocated shoulder compensation you will receive. According to the NHS symptoms may include:

  • Visible deformity of the shoulder joint.
  • Being unable to move the shoulder joint.
  • The top of the arm bone may be visible under the skin.

Where Could I Suffer A Shoulder Injury?

There are many ways you could be injured in a way that could result in your being eligible for dislocated shoulder compensation. Below, we have given some examples of who may be liable for a dislocated shoulder injury.

  • Employer – Under the Health and Safety At Work etc Act 1974 employers owe you a duty of care. If an accident at work – takes place because your employer was negligent then it is possible that they could be liable for any injuries suffered.
  • Road Users – Under the Road Traffic Act 1988 and the Highway Code all road users owe each other a duty of care to prevent accidents on the road.  Car accident injuries can happen if road users neglect this duty of care. If you suffer a shoulder injury due to a road user’s negligence you could be eligible to claim personal injury compensation.
  • Occupiers – Under the Occuppiers’ Liability Act 1957, those in control of public spaces the public can use for the intended purpose have a duty of care to keep these areas as safe as can be reasonably expected. Injuries caused through slips trips and falls that could have been avoided may mean the occupier is liable.

Personal injury compensation can be sought with the right evidence to prove who is liable for the harm caused. If you would like to find out whether you have a valid claim, you can call and speak to one of our advisors. First, explain to them what has happened to you. Once they have learned enough about your situation they can evaluate your claim for you.

What Evidence Do I Need To Claim For Dislocated Shoulder Compensation?

It is vital that when making a personal injury claim you have the right evidence to prove your case.

  • Take photographs or videos of your injuries and the cause of the accident. CCTV footage can also be useful here.
  • Be sure to get professional medical care for your injuries. Medical care creates an official record of your injuries.
  • If you were injured in an accident at work, make sure to follow the correct accident reporting procedure.
  • If there were any witnesses to the incident that caused your injury, get their contact details. They may be needed to give testimony at some stage.
  • Begin to keep a record of any financial losses you encounter due to your injury. Also, keep receipts, bills, invoices, travel tickets, etc. for any expense you intend to claim back.
  • As part of the claims process itself, you will need to go for an impartial medical examination. The results will help your solicitor to value your claim.

If you want some more advice please call and talk to one of our advisors. They will be able to help you further with this.

The First Steps Towards Filing A Shoulder Dislocation Claim

When you call our claims team you will be provided with a free consultation. Here you can have all your questions answered and be provided with free legal advice. You are under no obligation but if you would like our solicitors to take a look at your case our advisors can connect you to a specialist in the area of your claim.

  1. Call and explain your situation to a member of our claims team. At this stage, they will answer any questions you have, and also let you know key information, such as the applicable time limit for starting a claim.
  2. A claim advisor will evaluate your case for you. They will tell you whether they believe you have a valid basis for attempting to claim compensation for your injuries and losses.
  3. If your case is valid and has a chance of being awarded compensation you will be offered the chance to be connected with one of our expert personal injury solicitors.

If you just need some general help and advice about the claims process, you can call and have a talk with our claim advisors before deciding if a claim is appropriate or not.

Dislocated Shoulder Compensation

The table below gives bracket amounts for certain injuries. The Judicial College produces guidelines. These bracket amounts are compiled by looking at past cases that have been settled in court. Please be aware that these figures only relate to one part of your claim as you will see by reading on in this guide.

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Injury Severity Notes Compensation
Shoulder Severe A severe shoulder injury, that is likely associated with an injury to the neck as well. For example, harm caused to the brachial plexus. Resulting in a medical condition that causes a severe level of symptoms in the neck, arm and shoulder. £18,020 to £45,070
Shoulder Serious A serious shoulder injury. For example, the shoulder being dislocated, or damage to the brachial plexus (lower) that would cause problems with the function of the shoulder, arm, neck and elbow. £11,980 to £18,020
Shoulder Moderate A moderate shoulder injury. For example, a frozen shoulder that would reduce the functionality of the arm. Alternatively, soft-tissue damage that could result in symptoms lasting for up to two years. £7,410 to £11,980
Shoulder Minor A minor shoulder injury. For example, damage to the soft tissue that results in considerable pain and discomfort. Compensation would be driven by the severity and duration of the symptoms. Up to £7,410
Clavicle Fracture A fractured clavicle. The level of compensation would be driven by how much loss of function is encountered, and whether there will be any longer-term symptoms. £4,830 to £11,490
Arm Severe Severe arm injuries. The most catastrophic arm injuries that fall short of actual amputation. In effect, resulting in loss of function of the arm causing a similar level of disability as amputation, £90,250 to £122,860
Arm Less Severe A less severe arm injury. The victim may have suffered a high level of loss of function of the arm, but with significant recovery. £18,020 to £36,770
Neck Severe A severe neck injury. This could result in either full or partial paralysis. The victim may lose movement of the neck and suffer ongoing pain and discomfort despite wearing a surgical brace for 24 hours a day. In the region of £139,210
Neck Moderate A moderate neck injury. Examples would include fractures or dislocations of the neck. Additionally, other conditions that cause severe symptoms. Post-recovery the neck may be more susceptible to further damage and degenerative conditions. £23,460 to £36,120

You may also like to try using our personal injury compensation calculator to get a rough idea of the level of compensation that may be available to you. Alternatively, to get a much more accurate estimation of the value of your claim, call and ask one of our advisors to arrange to have your claim valued by a solicitor.

How Do I Differentiate General Damages From Special Damages?

If you win your claim for dislocated shoulder compensation, it would mean either being offered a settlement out of court or being awarded one in court. Either way, your settlement will likely be based on a number of different types of damages. Including both general damages (for pain and suffering) and special damages (for financial losses).

What Are General Damages?

General damages are paid to compensate you for trauma, suffering and pain you went through, or continue to face. This covers both physical harm and psychological injury. Some examples are given below.

  • Long-term loss of function or permanent disability of the arm or shoulder.
  • The mental trauma and physical pain and suffering experienced at the point of the accident.
  • Additional pain and suffering caused by going through treatment that was invasive or traumatic.
  • Psychological injuries such as post-traumatic stress disorder or mental health problems such as depression or anxiety.

What Are Special Damages?

Special damages relate to some form of demonstrable financial loss. This loss could be one you already encountered or a future loss that is predicted. You must provide proof of the losses you wish to claim for, using documented evidence. Below, are some examples of reasons to claim special damages.

  • Ad-hoc expenses encountered due to your injuries or dealing with the claim. For example, travel costs to go for treatment or using a courier service to send documents to your lawyer.
  • Care costs, such as having to hire a nurse to help provide care for you at home.
  • Lost income for any time you had to take off work but did not receive your full wages/salary for. Also, to make up for any annual leave entitlement you had to use.
  • Reduction of future earnings. For example, you may be left with a disability that means you have to switch to a lower-paying career. Or you may not be able to work at all because of a disability.

If you wish to find out what types of damages might be appropriate to claim for based on your own case, we can help. Just call and explain to one of our advisors what has happened to you. They can then evaluate your claim for you and let you know what damages might be applicable.

Why Might I Use A No Win No Fee Solicitor For A Shoulder Injury Claim?

You could be able to use the services of a No Win No Fee solicitor to make a claim for dislocated shoulder compensation. A No Win No Fee agreement, which is also known more formally as a Conditional Fee Agreement (CFA), can provide a vehicle for getting the legal help you want, without paying anything upfront.

You don’t pay any fees to the lawyer while the claim is being processed. If the claim is not a success, your lawyer will not ask to be paid a fee. If it is a success, you will pay the lawyer a pre-agreed success fee, which is legally capped. This can be taken out of the compensation payment itself. Our claims team can explain how claiming under a No Win No Fee arrangement works if you give them a call.

Telephone Legal Expert To Make A Personal Injury Claim

Do you believe that you have a valid claim for your shoulder dislocation? Then get in touch with us today. Our claims team can tell you whether your claim is valid. They can also arrange for a lawyer to begin processing your claim for dislocated shoulder compensation right away. Use the information below to get in touch. Our lines are open every day of the week, around the clock.

Telephone: 0800 073 8804

Email: info@legalexpert.co.uk

Or use our web contact form.

Additional Information On Claiming Dislocated Shoulder Compensation

Here are some links to other useful websites.

NHS Guide To Shoulder Impingement Explained

Occupiers’ Liability Act 1987 – Responsibilities of occupiers to keep public spaces safe.

The Health And Safety At Work etc Act 1974 – Responsibilities of employers to employees.

Here are some other, related guides.

Would I Need To See A Doctor When Claiming For A Personal Injury?

How Much Compensation Can I Claim For Care Home Negligence ?

How Much Compensation Can I Claim for a Shoulder Injury?

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.