Shoulder Injury Claim Guide
No-win, No-fee claims
Find out how one of our solicitors could help you to make a shoulder injury claim today.
Excellent Reviews On
Shoulder Injury Claim Guide
100% No Win No Fee
Find out how one of our solicitors could help you to make a shoulder injury claim today.
Excellent Reviews On
As featured in:
Can I Make A Shoulder Injury Claim?
Find out how a shoulder injury claim could help you move forward with recovery today. Claims of this nature can cause people to feel isolated and overwhelmed by the amount of information available. We have made this guide to give you the guidance you need to proceed.
Key Takeaways
- To claim shoulder injury compensation, you must have experienced harm due to another party’s failure to enact health and safety laws.
- Personal injury claims often relate to accidents experienced on the road, at work and in public. We also handle medical negligence claims relating to unnecessary harm suffered during inadequate medical treatment.
- The value of your compensation will depend on the extent of your pain and suffering. It could also cover the financial losses that are often associated with shoulder injuries
- You will generally have 3 years to make a compensation claim, starting from the date of the incident. However, there are circumstances where this applies differently.
- You may be able to work with one of our solicitors on the basis of No Win No Fee, meaning that there are no upfront or ongoing fees to pay for their work.
Reach out to our advisors today to learn about the excellent services our solicitors offer. There is no pressure to make a claim, as you may simply want more information at this stage. Here at No Win No Fee Solicitors Co, our advisors handle all enquiries with the respect and attention that they deserve. Get in touch today to discuss further:
- Call our team on 0333 091 8598
- Submit an online claim form
- Use the live chat window in the corner
Can I Make A Compensation Claim After Sustaining A Shoulder Injury?
You could make a compensation claim for a shoulder injury if you meet the following criteria:
- A person or organisation owed you a duty of care
- They failed to act according to their duty
- As a result, your shoulder was injured
In simple terms, a duty of care relates to the laws that must be followed in order to protect people’s well-being. There are various scenarios where this applies, as we outline in a later section.
Contact our advisors today to see whether you oculd make a shoulder injury.
Why use us?
Free Consultation
We offer a free consultation to anyone looking to make a claim
No win, no fee
Claim experts
We use solicitors who have handled thousands of claims
Can I Make A Claim On Behalf Of A Loved One?
Under specific circumstances, you can make a shoulder injury claim on behalf of a loved one. Specifically, this often pertains to cases where the injured party is below the age of 18 or mentally incapacitated.
Since these individuals cannot make decisions for their own case, you can represent them as a litigation friend. When enacting this role, you must make efforts to represent the best interests of the injured person and communicate with them (where possible).
You can contact our advisors today to discuss this matter further. They will explain when a litigation friend is required and how you can apply to be one. Should you work with one of our solicitors, they will detail the requirements of the role and support you throughout the whole process.
What Shoulder Injuries Could I Be Paid Out For?
There are a variety of shoulder injuries for which you could be paid compensation. These include:
- Fractures/broken bones
- Sprain/strains
- Tendonitis
- Frozen shoulder
- Impingement (when the tendon swells and rubs against the tissue in the shoulder, it can make it painful to move the arm)
- Dislocations (this is where the bone at the top of the arm comes out of the joint socket)
- Separation (the shoulder joint can become separated when the ligaments are torn from the shoulder blade)
We may not have included your specific shoulder injury in this list. Do not worry if this is the case, as our advisors are available to discuss your injury in further detail and see whether you may have a valid shoulder injury claim.
Examples Of Accidents That May Result In A Shoulder Injury
There are various accidents that may result in a shoulder injury.
Throughout this section, we will look at some examples of scenarios that would provide grounds for a shoulder injury claim and the duty of care you are owed in each scenario.
Road Traffic Accidents
The first common type of personal injury claim relates to road traffic accidents. All road users have a duty of care to use the roads safely. They must also adhere to the regulations and rules set out within the Road Traffic Act 1988 and the Highway Code. A road traffic accident may qualify for a claim if:
- A car driver pulls out at a junction without looking, causing them to crash into the side of your car. As a result, you dislocate your right shoulder.
- A motorcyclist doesn’t stop in time at a red light due to speeding. This means that they run into you as you attempt to cross the road at a puffin crossing. You sustained multiple injuries, which include psychological harm and a fractured shoulder blade.
- A driver cannot keep control of their vehicle due to being under the influence of alcohol. They swerve on the road and collide with you while you are riding your bicycle. As a result, you fall to the ground and strain your shoulder as well as break your arm.
Accidents At Work
Additionally, our solicitors can represent accident at work claims. Your employer has a duty of care to take reasonable steps to ensure your safety in the workplace, as dictated by the Health and Safety at Work etc. Act 1974 (HASAWA). See below for when you can claim for an accident at work:
- You are instructed to use faulty machinery while working in a factory. Your manager was aware of the fault, but did not get it fixed. When you use the machine, it jams and wrenches your shoulder out of its socket
- The wires in your office have not been tied down or secured. As a result, you trip over the wires while walking through the room. You hit your shoulder on a desk as you fall over, causing you to dislocate it.
- Your manager tells you to lift some heavy boxes without providing any manual handling training. While lifting the boxes, you sprain your shoulder.
Accidents In A Public Space
Furthermore, you could claim compensation for an accident in a public place. You are owed a duty of care when visiting a public space by the party in control of that space (the occupier) under the Occupiers’ Liability Act 1957. Therefore, the occupier must take steps to ensure your reasonable safety when you are using the space. You could start this kind of personal injury claim if:
- While visiting a cafe, you slip on a wet spot on the floor. There was no wet floor sign to warn you of the risk. You put your arm out to stop your fall, causing muscle strain in your shoulder.
- A faulty handrail comes loose while you are using the stairs in a museum. The museum manager was aware of the fault but did not take any action to repair it. You wrenched your shoulder out of its socket while trying to prevent your fall.
- You reach for something on a high shelf while at a supermarket. The shelves are overloaded, resulting in several cans falling off. They hit your shoulder and cause severe bruising
If you are still not sure when it is possible to claim compensation for a shoulder injury, contact an advisor today. They will listen to the specifics of your case and determine whether you can proceed with one of our expert solicitors.
How Much Compensation Could Be Awarded For A Shoulder Injury Claim?
How much compensation could be awarded for a shoulder injury claim depends on the specific nature of your case. No two personal injury claims are the same, which is why legal professionals take the time to assess all the necessary factors.
In successful compensation claims, general damages will be awarded. This part of the compensation is based on the suffering and pain associated with your shoulder injury. In more serious cases, this can include coverage for the potential future effects of your injury (if you have yet to recover or will never fully recover).
Legal professionals can use the Judicial College Guidelines (JCG) during the assessment of general damages. The JCG is a legal document that outlines compensation guideline brackets. Said brackets are determined by various severities and types of injury.
We have used some figures from the JCG as part of our compensation calculator, which we have included below. Click the ‘select’ button to choose your injury from a drop-down list.
It is crucial that you look at these figures as guidelines rather than a guarantee of how much compensation could be given to you. The calculation of compensation is a complex process that includes a detailed evaluation of your case. Therefore, a guideline figure cannot reflect this.
However, our advisors also offer free case assessments to those who would like a more accurate estimate of what the compensation could cover. You can get in touch with them today to discuss the details of your shoulder injury claim and find out how the different aspects of your case could influence your payout.
Compensation Bracket: 0.00
What Can Influence The Value Of An Injured Shoulder Claim?
The value of your injured shoulder claim could also be influenced by the extent of the financial impact you have experienced due to the injury. The part of the compensation that reflects this is called special damages.
Not all claimants are eligible to receive special damages. This is because you are required to provide evidence of any costs you wish to recover. You can do this by providing receipts and bank statements.
Examples of financial losses that special damages may cover include:
- Lost income- your shoulder injury may require you to take time off work in order to heal.
- Payments for professional care- this may be necessary for you to conduct your daily tasks.
- Medical expenses- you may seek private treatment or physiotherapy to aid your recovery.
- Travel costs- it can be expensive to travel between medical appointments and your home
- The cost of home adjustments- sometimes, a claimant has to adapt their home to make it livable.
If you’re still not sure about the factors that are considered when assessing compensation, speak with one of our advisors today. They have handled many similar enquiries and can give you direct answers to any questions you have.
How Do I Make A Claim For An Injured Shoulder?
When making a shoulder injury claim, you will need to provide evidence of your injury and the negligent actions that caused it. You can do this by providing:
- A copy of your medical records- this can establish the extent of your injuries and the treatment required
- Any written correspondence that you had with the responsible party regarding your accident
- A copy of an accident report- some accidents experienced in the workplace or a public space can be reported
- A copy of a police report- this is more likely to apply to road traffic accident claims
- The contact information of people who saw your accident- they may later be asked to give a statement in support of your case
- Payslips or bank statements to show your loss of income
- Pictures of your shoulder injury
- Videos of the incident- CCTV footage can be helpful for this
You must also ensure that you meet the appropriate time limit for your case. In general, you have 3 years to claim, starting from the date on which you experienced your shoulder injury. This is established by the Limitation Act 1980.
Despite this, there are exceptions where the limitation period applies differently. This applies when the impacted party is mentally incapacitated or under the age of 18. The time limit will be paused until they either:
- Have their 18th birthday
- Recover mental capacity (if they ever do)
Once they reach one of these dates, the 3-year limitation period can begin. We also explained earlier in the guide how another person can represent a claim on behalf of someone else.
If you have any more questions about the process of claiming, do not hesitate to speak with our team.
No Win No Fee Shoulder Injury Solicitors
If an advisor confirms that you are eligible, one of our solicitors could represent your shoulder injury claim on a No Win No Fee basis. This would mean that, by signing a Conditional Fee Agreement (CFA), you would not need to pay for your solicitor’s work:
- Before the case begins
- While the personal injury claim is underway
- If you do not receive shoulder injury compensation
However, if you do receive compensation, you must pay a success fee. This is a percentage of the compensation that you owe to your solicitor; the law also limits this percentage. The cap ensures that you keep the largest share of the total for yourself.
You may wonder whether it is worth hiring a solicitor. We can assure you that our solicitors work hard to make the process easier for their clients. They do this by:
- Assisting with the collection of evidence- this can include taking witness statements and organising an independent medical assessment to strengthen your claim
- Corresponding with the defending party on your behalf
- Providing you with regular updates and tailoring their advice to your circumstances
- Negotiating the settlement of compensation to cover the harm and recovery costs that you have experienced
Contact Us To Begin A Claim
You can make a general enquiry with our team today, or ask whether you may be eligible to start a shoulder injury claim with one of our solicitors. There is no pressure to decide whether to proceed at this stage. Our advisors understand that you may need more information about the process, which is why all general advice is offered free of charge.
- Call our team on 0333 091 8598
- Submit an online claim form
- Use the live chat pop-up in the corner
More Information
Read our other personal injury guides below:
- Learn about head injury claims
- Find out how to claim knee injury compensation
- Visit our guide on claiming for a back injury at work
External resources:
- Read the NHS advice for shoulder pain
- Find out whether you can claim Statutory Sick Pay (SSP)
- Read about the responsibilities of employers from the Health and Safety Executive (HSE)
Thank you for reading our guide on how to make a shoulder injury claim.
