If you choose to make a dislocated shoulder claim, how much you receive will be dependent on your injuries and how they’ve affected your amenity, your mental health and finances. Judicial College Guidelines (annually updated publication solicitors can use to value injuries) estimate shoulder injury compensation payouts can go up to £45,070 to cover physical pain and suffering. Financial suffering could add to those figures.
Because a dislocated shoulder compensation payout can differ from another, you might struggle to understand what exactly you can claim and how. Though we can’t give you a definitive figure of compensation for your dislocated shoulder, this guide supports you in making your own estimation by showing you how it could be calculated. We also get into the legal background of claims, such as duty of care, breach of it and what No Win No Fee solicitors are.
You may prefer to get informed about your dislocated shoulder claim from a legal expert. Our advisors are friendly, available 24/7 and provide free advice. You can call on 0161 696 9685, write to us or additionally use our live chat to talk today.
Select a Section
- A Guide To Claiming Compensation For A Dislocated Shoulder Injury
- What Is A Dislocation Injury?
- Make A Dislocated Shoulder Claim For An Injury At Work
- Injury In A Public Place Dislocated Shoulder Claim
- Your Dislocated Shoulder Claim From Road Traffic Accidents
- Details We Need To Calculate Personal Injury Compensation
- What Are Special Damages?
- Case Study: £16,500 For A Dislocated Shoulder Claim
- Get Free Legal Advice On Your Claim’s Total Payout
- Why Is No Win No Fee Important For Victims?
- Get Free Legal Advice From Our Specialist Team
- More Resources And Guides On Dislocated Shoulder Claims
- Dislocated Shoulder Claim FAQs
After a dislocated shoulder injury that was caused by someone else’s negligence, you may consider making a personal injury claim. Shoulder injury compensation payouts in the UK oscillate between individual cases, making it tricky to gauge your own dislocated shoulder compensation payout. Due to this, in this article, we present you with guidance on how claims are approximated by solicitors so that you can make your own estimations. This guide includes discussions about:
- Duty of care and liability.
- The nature of a dislocated shoulder injury.
- Financial loss.
- No Win No Fee claims.
We’ve also added an example case study to demonstrate how compensation for a dislocated shoulder might be valued and what potential issues may occur during a dislocated shoulder claim.
If, after reading, you’d like to consider making a claim, our panel of personal injury solicitors can help. Our advice team can put you in touch they’re ready for your call any time of any day. For reassurance, you don’t need to use our services to get our advisors’ counsel.
A dislocated shoulder (subluxation) happens when your upper arm bone (humerus) dislocates from the shoulder socket (glenoid). There three main types of dislocation are:
- Anterior (most common): The humerus pops out towards the front of the body.
- Posterior (very uncommon): The humerus moves further back into the body.
- Inferior (downwards), superior (upwards) and intrathoracic (into the thorax) dislocations are rare.
Dislocated shoulders tend to be more common amongst men, especially those who play contact sports. Sportspeople may be wary of making a dislocated shoulder claim because injuries are seen as ‘part of the game’, even though poor maintenance of grounds could be to blame for their pain and suffering.
According to the NHS, dislocated shoulder symptoms include:
- Inability to move the arm.
- A square-looking shoulder rather than round.
- Extreme pain.
- A bulge under the skin where the humerus is out of the socket.
Treatment and Recovery
Dislocated shoulder treatment is subject to the level of injury, but you should always seek medical help when you think you have a dislocated shoulder. Except in circumstances where the doctor is confident the dislocation is recurrent and there’s little trauma, they should always do an X-ray of the dislocated shoulder to check for complications. Additionally, You may have a fracture or damaged rotator cuff tendons, nerves or tissue. In these instances you could require surgery, which can impact the duration of suffering and recovery, potentially allowing for a higher dislocated shoulder claim.
Dislocated shoulder according to the NHS recovery can take around 12 to 16 weeks, though you may be able to stop wearing a sling within days.
Your dislocated shoulder treatment might include another X-ray on the dislocated shoulder after a doctor has done the reduction. A number of weeks into the dislocated shoulder recovery, they may take another X-ray to check how it is healing.
Your doctor is best-placed to discuss treatment, aftercare and recovery with you, but if your injury was the result of someone else’s neglect, we can give you free legal advice. Call us on the number at the top of the page whenever it suits you.
If you are looking into making an injury at work claim for a dislocated shoulder, it may be that you had one of the most common types of accidents. Health and Safety Executive statistics show that slips, trips and falls (not from height) account for 29% of non-fatal injuries to employees. Each one can easily lead to dislocated shoulder at work compensation, providing the employer truly was to blame.
What Is An Employer’s Duty Of Care?
A successful accident at work claim proves an employer’s breach of duty under Health and Safety at Work Act etc. 1974. The general duties of employers are outlined in Section 2 of the Act. They must ensure, as satisfactorily as possible, the health, safety and wellbeing of employees at work. Showing disregard for employees’ safety could lead to a work accident claim.
How Can My Employer Breach Their Duty Of Care?
Your dislocated shoulder claim is valid when an employer breaches the Act. For example, an employer who doesn’t display visible trip hazard signs or train their employees to safely carry out their duties may make them be liable for an injury at work claim if an accident occurs.
As well as that, as an employee, you also have to care for your own health and safety as well as those around you. If you got a dislocated shoulder at work, compensation could be affected if you weren’t using your training or were knowingly risking your safety through your behaviour. In these cases, it is advisable to speak with a solicitor before making an accident at work claim.
People who make a public liability claim for a dislocated shoulder may discover that the party they claim against is not who they thought it might be. Independent contractors may be visible on site, but may not be in control of premises, land or property. The body in control is responsible for safety. For instance, the occupier could be a local council, business or authority.
The Royal Society for the Prevention of Accidents (RoSPA) is a charity that tries to educate on preventable injuries, including those arising from accidents in a public place.
The Duty Of Care Of Those In Control Of Public Spaces
The Occupiers’ Liability Act 1957 aims to prevent accidents in a public place. Those in control of premises (occupiers) must ensure that any visitors, can be safe. They must take reasonable measures to warn of dangers, which includes choosing competent contractors.
How Can This Duty Be Breached?
If an occupier fails to maintain safety standards, which results in a person’s injuries, they may find themselves on the end of a public liability claim. For example, a pedestrian may trip over a hole in pavement that the council is aware of, but hasn’t filled. If they trip and fall into an object that causes the dislocation of their shoulder, that person could make a dislocated shoulder claim. But, if the person was aware of the hole due to bollards or warning tape, and walked into it regardless, their claim would be severely weakened or invalidated. Visitors should take care of their safety by not proceeding where there is risk.
A road traffic accident (RTA) can cause multiple injuries. Some may only endure a dislocated shoulder in a car accident, and the most vulnerable road users (cyclists, pedestrians and motorcyclists) could be prone to multiple injuries.
Government data shows that, of pedestrians alone, there were 6,793 serious or fatal accidents in 2018.
Duty Of Care Of Road Users
Road users in a road traffic accident are under the same regulations as each other through The Highway Code. They must show due care and skill to avoid causing damage to anyone else on the highway.
How Can A Road User Breach Their Duty Of Care?
When thinking about a dislocated shoulder claim after an RTA, consider the other road user’s actions. Were they driving or moving with awareness of others’ safety? For example, a car accident claim could involve a cyclist using a cycle lane that a car drives into, knocking the person off their bike. If the cyclist suffered a dislocated shoulder in the car accident, the driver of the car could be liable.
You should also consider your own care and skill before the incident occured to be sure you can make a car accident claim. If the cyclist wasn’t using the cycle lane, for example, or didn’t use the appropriate visible apparel at night, it could mean they can’t claim compensation for their shoulder injury after the car accident.
If you’re concerned about your liability at work, in public or on the road, our team can give you factual and free legal advice. We have advisors ready 24/7 and you’re under no obligation to make a dislocated shoulder claim.
General damages compensate you for pain and suffering, including psychological harm done and loss of amenity (enjoyment of life). Having injured your shoulder, it is important to visit the doctor so that a record could be made of your injuries. This would trigger the initial medical records on your dislocation. However, if you do make a claim, your personal injury solicitor would arrange for you to have a further medical assessment for the court. This assessment, done by an independent expert, acts as proof and is a basis for valuing your dislocated shoulder claim. It also confirms the injuries were not pre-existing.
If you need to talk to our team for confidential free legal advice, send a message in our live chat or call us.
Special damages in contrast to general damages compensate you for financial loss, which can include salary forfeiture due to absence, along with expenses accrued due to your injuries.
After dislocating your shoulder, you may have taken weeks off work (if your role is labour-intensive), or you may have had a complicated dislocation that means you’re unable to continue in your chosen profession. You could be compensated for past financial loss or future, so long as it’s applicable to your dislocated shoulder claim.
You could also claim back the time family or friends spent caring for you. Perhaps they had to drive you to and from work, cook or clean for you.
Proving special damages necessitates evidence. To recover the costs of painkillers, your evidence might be a pharmacy receipt or prescription. For physiotherapy you paid for, you could produce medical bills.
Moreover, to help you understand what could be claimed in a typical case, we’ve created the below case study.
Mr Keenan was doing his weekly shop at the local supermarket. He was employed as a construction worker. A job he had done since leaving school many decades ago. It was the middle of winter and there had been a frost overnight which had covered must of his local space in ice. As he reached the grounds of the supermarket he slipped on a patch of ice. He put his arms out to break his fall but felt a huge snap in his shoulder area. His humerus protruded out of its socket, his muscles around it spasmed and he was in agony. He was taken to A&E while a witness took pictures of the site and let management know about the accident.
How he made a dislocated shoulder claim
Mr Kennan had suffered a dislocation of the shoulder. The doctor reduced his shoulder after confirming there were no associated fractures according to the X-ray.
Mr Keenan had to take time away from work as it was impossible to continue with any heavy lifting. As a consequence, he covered a fraction of what he normally earned. He decided to call a personal injury solicitor.
Upon investigation, it was proven that the grounds of the supermarket had not been gritted even though the weather had forecasted freezing temperatures.
Mr Keenan won his dislocated shoulder claim through medical evidence and the photographs taken at the scene.
He was awarded special damages and general damages. The special damages are accounted for below:
|Type of Special Damages:
|To and from appointments/treatment
|Taxi to A&E and check-ups: £40
|Prescriptions, treatment, physiotherapy, walking aids, etc.
|Loss of Earnings, future loss of earnings, potential future care.
The above case study of Mr Keenan is purely an example not based on actual events of a shoulder injury claim. It is taken from our experiences of how claims can be handled and valued.
In the above case study, Mr Keenan’s compensation claim could have been higher or lower, depending on his circumstances. If he received no income at all while he was on sick leave, he may have been able to claim for more financial loss. Had he suffered an accident that caused significant psychological damage, he could also have claimed more. Thankfully his injuries didn’t create permanent immobility of the arm. If they had, the compensation could’ve been higher to reflect his suffering.
Because a dislocated shoulder claim is unique to each claimant, there is no conclusive personal injury compensation calculator. However, we suggest that, if you’d like a more accurate sum, you should contact a personal injury lawyer. Our team can connect you with our panel of lawyers, but can also give free legal advice on your case. There’s no pressure to continue with our services and they’re ready for you to contact them now. Just call on the number at the bottom of the page or send a live chat message.
Should you choose to make a claim, you may find that a No Win No Fee solicitor suits your financial situation. Above all these are aimed at supporting honest victims of accidents that weren’t their fault, who do not have the funds to hire a solicitor. The agreement is also known in law as a Conditional Fee Agreement.
There is no legal requirement to have a solicitor pursue your case but a No Win No Fee solicitor can have some major advantages. Such as:
- Firstly, a small percentage to pay your solicitor so that you truly win the compensation you’re entitled to.
- Secondly, only payable to your solicitor once the case is over.
In the event that you lose your case, you do not have to pay solicitor fees. This means that the solicitor is taking a risk when accepting a case.
Our panel of No Win No Fee solicitors could offer you a No Win No Fee agreement, if you choose to take that route. To find out more, contact us on the below. An advisor is always ready to respond, no matter when.
To conclude to talk about your dislocated shoulder claim, or for any other free legal advice related to personal injury queries, get in touch. We’re here 24/7 and you don’t need to make any commitments to using our services:
Information and Services: HSE site on health and safety at work.
Shoulder Injury Claims Guide: Our guide on claiming for other shoulder injuries.
Finally, Hand Injury Compensation Claim Guide: Read our guidance on what to do after a hand injury that wasn’t your fault.
A Case Study On Claiming Compensation For A Frozen Shoulder: if you’ve developed a frozen shoulder after an accident, this guide, complete with a case study, offers vital advice.
What is the fastest way to recover from a dislocated shoulder?
Your doctor can advise you of recovery times.
What is the average payout for a shoulder injury?
Shoulder injuries are compensated at different levels for different injuries and financial effects, meaning that no personal injury compensation calculator can confirm what you may be entitled to and the average payout might not be a reflection of what you could recover.
Can a dislocated shoulder fix itself?
You should always see a medical professional if you think you have a dislocated shoulder. They will advise on how it can be fixed and will investigate for associated fractures.
Thank you for reading our guide on making a dislocated shoulder claim.
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