This guide explains what you need to know about shoulder injury claims. We outline the eligibility you must meet to make a claim and the steps you can take to seek personal injury compensation, including evidence you can gather and the benefits of seeking legal advice.
Shoulder injury claims guide
Additionally, we explore the duty of care you may be owed in different scenarios, including in the workplace, on the road and in a public place. We will also look at how you could sustain an injured shoulder if this is breached.
Furthermore, we look into the compensation you could receive for a successful personal injury claim and how it can address the impact your injury has had on your life both physically and psychologically.
Our guide also highlights what No Win No Fee agreements entail and how choosing to work with a solicitor on this basis can be financially beneficial for you.
Please continue reading to learn more. Alternatively, for free legal advice, please contact us for a consultation. An advisor can answer any questions you may have regarding your potential case. To get in touch, you can:
- Call us on 0800 408 7827
- Contact us through our online form
- Receive advice through our live chat feature
Choose A Section
- A Guide To Shoulder Injury Claims
- When Are You Able To Make A Shoulder Injury Claim?
- What Potential Evidence Could Be Used In Shoulder Injury Claims?
- Shoulder Injury Compensation – What Could You Receive?
- Why Make A Personal Injury Claim On A No Win No Fee Basis?
- Learn More About Making Shoulder Injury Claims
A Guide To Shoulder Injury Claims
There are several ways you could sustain a shoulder injury such as in accidents at work, road traffic accidents, and accidents in a public place. Additionally, there are different types of shoulder injuries, including:
- Dislocation
- Torn ligaments
- Tendonitis
- Impingement
- Frozen shoulder
- Fractures or breaks
- Sprains or strains
In some circumstances, you could claim compensation for a shoulder injury. However, there are certain eligibility criteria you must meet.
For further information on the eligibility for shoulder injury claims, please continue reading.
When Are You Able To Make A Shoulder Injury Claim?
A personal injury claim for a shoulder injury can be made if you are able to show that a third party was at fault. This means you must demonstrate that:
- They had a duty of care to you
- They breached this duty
- As a result of the breach, it led to you sustaining an injury. This is known as negligence.
In the following sections, we have discussed the duty of care certain third parties owe you and how you could be injured if this is breached.
However, if you would like to call our team to discuss shoulder injury claims and when you could be eligible to seek compensation, get in touch on the number above.
Road Traffic Accidents
In accordance with the Road Traffic Act 1988, road users have a duty of care to act in a manner that can reasonably prevent themselves and other road users from experiencing harm. Also, The Highway Code outlines guidance and rules for different road users. The rules are backed elsewhere by law.
Shoulder injuries could be sustained if this duty is breached. Examples of road traffic accidents that could lead to this type of injury include:
- A driver uses their phone while driving and doesn’t notice that the vehicle in front of them has stopped, resulting in a rear-end collision.
- A driver is intoxicated and driving dangerously, resulting in them hitting a pedestrian.
- If a driver does not look when they open their door before they get out of their car and are unaware of the cyclist about to pass them, it could result in a car dooring accident. The cyclist could then potentially claim for the injuries they sustained in their cycling accident.
For free legal advice on shoulder injury claims in relation to road traffic accidents, please contact us for a consultation.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 outlines that the party in control of a public space has a duty to take steps that ensure the reasonable safety of the public using the space.
There are instances in which this is breached and could lead to a member of the public sustaining harm. For example:
- You could be injured in a slip or trip accident if you slip on a wet floor in a shopping centre because of a lack of signposting.
- A gym accident could cause you to become injured due to damaged or inadequately maintained equipment.
Accidents At Work
If you have an accident at work, you could claim compensation if you can prove that your employer was liable for your injury. The Health and Safety at Work etc. Act 1974 states that an employer has a legal duty to take all reasonably practicable steps to ensure your safety at work.
Examples of how they could fail to uphold this duty can include:
- A failure to ensure workplace equipment is safe to use for it’s intended purpose causing an employee to fall from a faulty ladder.
- An employer failing to provide you with the necessary personal protective equipment, such as a pair of goggles, causing you to sustain an eye injury.
For more information on when you could be eligible to seek compensation for a shoulder injury and the claims process involved, get in touch on the number above.
What Potential Evidence Could Be Used In Shoulder Injury Claims?
As part of the shoulder injury claims process, you should collect sufficient evidence to prove negligence occurred. This can include:
- CCTV footage
- Photographs of the injuries and accident site
- Witness contact information
- Copies of medical records including doctor reports and hospital reports
Additionally, when making a claim, you should adhere to the time limit outlined in the Limitation Act 1980. Generally, you have three years from the date of your accident or the date you learned of the negligence to make a claim. Exceptions to this can be made when a person is under eighteen at the time of the accident or lacks the mental capacity to put forward their own claim.
Furthermore, you should seek legal advice. One of our advisors can assess the eligibility of your claim and, if it is valid, could connect you with a solicitor from our panel.
To learn more about the different steps you could take as part of the personal injury claims process, please get in touch using the number above.
Shoulder Injury Compensation – What Could You Receive?
If you successfully claim compensation for your shoulder injury, you could be entitled to a settlement that consists of up to two heads of claim. General damages cover the pain you have endured as a result of your injuries.
The Judicial College Guidelines offer compensation brackets that legal professionals can use to assist them in valuing an injury in a claim. Some of these figures are shown in the table below. However, these are not guaranteed and should only be used as a guide.
| Injury | Severity | Value |
|---|---|---|
| Arm | Severe (a) | £96,160 to £130,930 |
| Shoulder | Severe (a) | £19,200 to £48,030 |
| Shoulder | Serious (b) | £12,770 to £19,200 |
| Shoulder | Moderate (c) | £7,890 to £12,770 |
| Shoulder | Fracture of Clavicle (e) | £5,150 to £12,240 |
| Shoulder | Minor (d) (i) | £4,350 to £7,890 |
| Shoulder | Minor (d) (ii) | £2,450 to £4,350 |
| Shoulder | Minor (d) (iii) | Up to £2,450 |
| Neck | Moderate (b) (i) | £24,990 to £38,490 |
| Neck | Moderate (b) (ii) | £13,740 to £24,990 |
When Could You Receive Special Damages Compensation?
The other kind of compensation you could be eligible to receive is special damages. This covers the monetary losses you have experienced resulting from your injuries. They aim to restore you to your financial position before the accident.
The losses you could claim and the evidence you could provide in support of them can include:
- Payslips to show a loss of earnings
- Public transport tickets to show travel costs
- Invoices to show the cost of home or car adaptations
Why Make A Personal Injury Claim On A No Win No Fee Basis?
Though choosing to work with a solicitor is not always necessary when making a claim, they may offer to work on a No Win No Fee basis. A specific kind of this arrangement is known as a Conditional Fee Agreement (CFA).
Under a CFA, you typically won’t be required to pay for your solicitor’s services in the event that your claim is unsuccessful.
However, with this kind of agreement in place, a success fee will be taken by your solicitor if your claim is successful. This is a deduction of your compensation legally capped by the Conditional Fee Agreements Order 2013.
For more information, please contact our team for a free consultation.
Contact Us For Free Today
For further information about shoulder injury claims, please don’t hesitate to contact our advisors. They can provide legal advice and consultations to help you with your claim.
You can speak with an advisor by:
- Calling on 0800 408 7827
- Completing our online form to contact us
- Use our live chat feature to speak with an advisor
Learn More About Making Shoulder Injury Claims
If you found this useful, you can find more of our guides linked below:
For further information, please visit the external sites listed:
- Health and Safety Executive – Employer’s Responsibilities
- GOV – Road Accident And Safety Statistics
- NHS – When To Call 999
Thank you for reading our guide on shoulder injury claims. If you have any other questions, get in touch using the details provided above.
Article by MAR
Edited by MIT