This guide will provide you with information about potential shoulder injury claim payouts that could be awarded following a successful personal injury claim.
Shoulder injuries can vary in severity. Serious long-term disabilities may hinder your quality of life permanently, whilst minor injuries that recover quickly may only affect you temporarily.
Factors such as these will be considered when valuing how much you could be awarded. This guide will provide further guidance on how payouts are calculated and the evidence you could provide to help demonstrate the harm you have suffered.
In order to claim compensation, you must meet a set of eligibility criteria. This involves showing that a third party breached the duty of care they owed you and caused you harm. We will discuss the pieces of legislation in place that outline the duty of care certain third parties, such as road users, employers and those in control of a public space, owe and how you could sustain a shoulder injury if this duty is breached.
Furthermore, this guide will explore the benefits of working with a solicitor on a No Win No Fee basis as well as the services they can offer.
For more information, read on. Alternatively, you can speak with an advisor about your potential claim. To get in touch:
Browse Our Guide
- Potential Shoulder Injury Claim Payouts – What Could I Receive?
- When Am I Eligible To Claim Compensation For A Shoulder Injury?
- Is There A Time Limit When Making A Personal Injury Claim?
- Evidence That Could Be Used In Shoulder Injury Claims
- See If You Can Make A No Win No Fee Personal Injury Claim
- Learn More About Shoulder Injury Claim Payouts
After making a successful claim, a personal injury settlement can consist of up to two heads of claim. The primary head of claim is referred to as general damages. This accounts for the pain and suffering that has been caused by the injury. As mentioned, the severity of your injury can be considered when valuing how much you could receive. In addition, the treatment you received, the recovery period and the type of injury are other factors that can be considered.
Additionally, solicitors can use the Judicial College Guidelines (JCG), to help them value the general damages portion of settlements. This is a document containing guideline compensation amounts for different injuries. We have included figures from the JCG in the table below. You can use this as an alternative to a personal injury compensation calculator. However, you should only use the figures as a guide because they are not necessarily reflective of what you will receive.
Injury Compensation Amount - Guideline Notes
Severe Shoulder Injury £19,200 to £48,030 Associated with neck injuries and involving damage to brachial plexus. This results in a significant disability.
Serious Shoulder Injury £12,770 to £19,200 Dislocation of the shoulder and damage to the lower part of the brachial plexus. This causes shoulder and neck pain, elbow aching and sensory issues.
Moderate Shoulder Injury £7,890 to £12,770 A case of frozen shoulder that causes an issue with movement for around 2 years.
Minor Shoulder Injury (i) £4,350 to £7,890 There is soft tissue damage to the shoulder that causes pain of a considerable nature. However, the person almost fully recovers in less than two years.
Minor Shoulder Injury (ii) £2,450 to £4,350 The same injury as the bracket above but almost complete recovery within a year.
Minor Shoulder Injury (iii) Up to £2,450 The same injury as the bracket above but almost complete recovery within three months.
Clavicle Fracture £5,150 to £12,240 The award given will depend on several factors, such as the extent of the fracture, severity of disability caused and whether symptoms are permanent or temporary.
Special Damages In A Shoulder Injury Claim
You could also claim for special damages. These compensate for any past or future financial losses incurred as a result of your injuries. Some examples could include the cost of:
- Medical care
- Loss of income
- Modifications to your home or vehicle
In order to prove these losses, you should provide evidence such as receipts, invoices or payslips.
To learn more about shoulder injury claim payouts, please get in touch using the number at the top of the page.
In order to make a personal injury claim for a shoulder injury, you must be able to prove the following:
- A third-party owed a duty of care.
- They breached their duty of care.
- This breach led to your injuries.
These three points form the basis of negligence, for which different kinds of shoulder injury claim payouts could be awarded.
Accidents In A Public Place
As per the Occupiers’ Liability Act 1957, the person in control of a public space owe a duty of care to take steps to ensure the reasonable safety of those using and visiting the space for its intended purpose. If this duty is breached, and you are injured, you could claim compensation for an accident in a public place.
Examples of how this duty could be breached include:
- You may have an accident in a shop, due to slipping on a wet floor that wasn’t signposted or cleaned up in a relevant time-frame. As a result, you may have sustained a dislocated shoulder injury.
- You may have sustained damage to the brachial plexus, which is a bundle of nerves in the arm and shoulder, in an accident in a supermarket. This may have occurred due to stock, that hadn’t been properly stored away, falling on you.
Road Traffic Accidents
The Road Traffic Act 1988 outlines the duty of care road users owe one another. As such, they must operate the roads in a way that reduces the risk of injury to themselves and others. In addition, the Highway Code provides guidance on the different responsibilities each road user has. If a road user breaches this duty, it could mean you experience an injury.
Examples of how a road traffic accident could occur include:
- You may have sustained a shoulder injury as a passenger of a car due to another driver failing to check their mirrors before overtaking. This may have resulted in a head-on collision.
- You may have been injured in a car accident involving another driver crashing into the back of you while you were stopped at a set of traffic lights. This may have resulted from the driver using their phone while driving.
Accidents At Work
As per the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. This means they must take steps that are considered both practical and reasonable as a way to prevent employees from experiencing harm. Some of the steps they can take involve implementing measures to reduce the risk of injury in the workplace. A failure to do so could lead to you experiencing harm in a workplace accident.
Examples of accidents at work could include:
- You may have been struck by a moving object, such as a forklift truck, because an employee wasn’t adequately trained to use the vehicle. As a result, you may have sustained a fractured collarbone.
- You may have sustained an injury to your shoulder in a fall from height when using a defective ladder because your employer failed to adequately maintain the workplace equipment.
To learn when you could be eligible to make a personal injury claim for either an accident at work, public place accident or road traffic accident, get in touch on the number above. An advisor can also discuss shoulder injury claim payouts in relation to your specific case.
Certain exceptions could apply, however. For example:
- If someone has a reduced mental capacity to claim by themselves, the time limit is paused indefinitely. It can resume from the date of their recovery.
- If the injured person is a child, the time limit is paused until they turn 18. From this date, they will have three years to start their own claim, provided no one has already made a claim on their behalf.
A litigation friend could, in each of these circumstances, be appointed to make a claim on the injured person’s behalf while the time limit is frozen.
To learn more about the time limits and the exceptions, please get in touch using the number above. An advisor can help you understand how long you have to start your shoulder injury claim.
As part of the should injury claims process, you could gather evidence to prove that negligence occurred. The evidence you could collect will vary depending on the type of claim you are making. Generally, though, you can:
- Request CCTV footage of the accident.
- Gather a copy of your medical records to provide details on your injuries.
- Keep a diary of your treatment and symptoms. You can also keep a note of how your injuries have impacted you psychologically.
- Take pictures of your injuries and the accident scene.
- Note down the contact details of potential witnesses, as a statement could be taken from them at a later date.
A solicitor from our panel could help you gather evidence that is relevant to your case. Read on to learn whether you could access their services.
The solicitors from our panel can offer their services under a kind of No Win No Fee agreement. There are several types but the contract you could be offered by a solicitor from our panel is called a Conditional Fee Agreement. This typically means:
- There are no fees to pay for the services they provide upfront, while your claim is ongoing or if your claim has an unsuccessful outcome.
- You will pay a success fee from your compensation if your claim has a successful outcome. This fee is capped by the Conditional Fee Agreements Order 2013. As such, you are able to keep the majority of your compensation.
Contact Us To Learn More About Shoulder Injury Claim Payouts
If you are interested in working with a solicitor on a No Win No Fee basis, please get in touch with an advisor. They can also provide further guidance on how shoulder injury claim payouts are calculated and offer an estimate of how much you could receive if your case succeeds. For more information, you can:
Below, we have provided more of our guides that relate to personal injury claims:
- What Is A Shoulder Dislocation Claim?
- What Goes Into Making A Taxi Accident Claim?
- How to Claim Compensation For A Pedestrian Crossing Accident
Additionally, we have provided some external resources that you may benefit from:
Thank you for reading this guide on shoulder injury claim payouts. If you have any other questions, please get in touch using the details provided above.
Writer Matthew Wright
Editor Meg McConnell