If you suffer a frozen shoulder from an accident for which you weren’t responsible, could you claim compensation? In this guide we shall look at scenarios in which it is possible to make a frozen shoulder personal injury claim, covering topic aspects that you should know about when starting an injury claim. Along the way, we describe in-depth a scenario where someone suffers a frozen shoulder injury. And they receive £20,000 as their compensation settlement.
Below, you can see the main sections that make up this guide. Before reading on, though, keep in mind that you contact our friendly team at any time. And they could put you into close contact with our panel of personal injury solicitors. So, to discuss your frozen shoulder injury and a potential claim, you can telephone 0161 696 9685. Alternatively, you can leave your details on our exclusive contact form. Or maybe you wish to message us via our interactive Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Frozen Shoulder Injury
- What Is A Frozen Shoulder Injury?
- How Can You Suffer A Frozen Shoulder Injury At Work?
- Frozen Shoulder Injury In A Public Place
- How Can You Suffer A Frozen Shoulder Injury In A Road Traffic Accident?
- Learn About Calculations Of Personal Injury Compensation
- What Are Special Damages?
- Case Study: £20,000 For A Frozen Shoulder Injury
- Your Case Can Receive Free Legal Advice From Us
- Who Could Benefit From No Win No Fee Claims?
- Our Specialist Free Legal Advice
- More Resources And Guides On Frozen Shoulder Injuries
- Frozen Shoulder Injury FAQs
The subjects that we’re covering in this guide on a frozen shoulder injury compensation claim include the following:
- Defining what a frozen shoulder injury actually is;
- Scenarios where you could suffer a frozen shoulder injury;
- Compensation calculators and why we avoid using them to determine your potential settlement;
- Our free consultation prior to the claims process getting underway;
- The benefits of a No Win No Fee agreement;
- Frequently asked questions about a frozen shoulder injury.
Personal Injury Claims Time Limit
Under English law, generally, there is a maximum window of 3 years in which you can start a claim for any injury. Now, this could begin from the date of the injury being suffered. Or perhaps it starts from the date of knowledge if you only learn about the injury later on. In either scenario, after the 3-year window expires, you may not be able to pursue a personal injury claim. Therefore, it’s important to take legal action sooner rather than later if you’re claiming compensation for your frozen shoulder injury. That said, there are exceptions to the rule. This is especially for children and those who do not have the mental capabilities to claim on their own. Please contact our specialist team if you have any questions.
A frozen shoulder injury has the official medical name of adhesive capsulitis. It’s an injury that sees the victim suffer from pain and stiffness within the shoulder for a prolonged period of time. This could last for weeks, months, even years unless treated correctly. It’s the result of the shoulder in question becoming inflamed, with the tissue becoming tight and shrinking. It’s this that causes the pain within the shoulder region. Aside from pain and stiffness, other symptoms include a limited range of motion which means you can only raise the arm so far.
With this injury, you may be referred to a physiotherapist. They may provide a rehabilitation plan for you. This includes exercises for the arm’s strength, as well as for your posture and also pain relief. The healing time for a frozen shoulder can be anywhere from 1.5 years to 3 years. Or maybe longer in some cases. If you have suffered from a frozen shoulder injury and you feel that your injury was caused through negligence call our team. In a free consultation, they can review your case.
For any personal injury claim to be successful, you need to prove the negligence of a third party. To do this, you must firstly establish that the third party should have provided you with a duty of care. We’re covering the three main duties of care as this guide progresses. But then you should note how a breach of this duty led to an accident. And it’s this accident which resulted in you being hurt, with you suffering a frozen shoulder injury. If you’re able to prove each of these points, then you could potentially have a viable case to potentially receive compensation.
There are three main areas where you could suffer an injury which is due to negligence. One of these is employer’s liability (EL), which is covering any potential accident at work. The duty of care here is a part of the Health and Safety at Work etc. Act 1974. This should see employers maintain the well-being of employees by having safety procedures in place to avoid accidents. Now, accidents are always possible, but if a workplace accident occurs that was clearly preventable, the responsibility may lie with the employer. An example may be that an employee suffers a frozen shoulder injury after being left alone to carry heavy equipment. By placing the employee in an unnecessary position to suffer an injury, they have acted with negligence. And this could even potentially lead to a multiple injury claim if the victim happens to suffer multiple injuries. Get in touch for additional information.
The next area is public liability (PL), which relates to the duty of care applicable under the Occupiers’ Liability Act 1957. The purpose of this duty of care is to try and safeguard users from accidents in public places. But it all comes down to whether or not sufficient safety measures are in place in these public spaces. If not, then an accident in a public place could be the eventual result.
One scenario could see you injured in a public place is tripping over an item left on the floor in a supermarket. If you outstretch your arm to save your fall your shoulder could be injured. Now, if it can be proven that the item on the floor should not have been there it could be possible to prove a breach of duty. The supermarket owner could be liable for the suffering and therefore a compensation claim may be possible. Contact us if you want a further breakdown of this topic.
Then we come to the possibility of a road traffic accident (RTA). A serious crash or collision by a careless driver, causing the victim to suffer a frozen shoulder injury, is a typical example of negligence here. That’s because they haven’t considered those around them when using the road. And this violates the duty of care which applies to all road users as per the Highway Code. Note that pedestrians or cyclists could also breach this duty if their actions cause an injury to someone else on the road. Find out more by calling us on the number above.
So, you now know about the various situations which could result in a frozen shoulder injury. You also know about the criteria that you must meet in order to claim negligence as the cause. But what about the process of calculating your potential compensation settlement?
Well, the first stage is for you to undergo a medical assessment. This allows for a more updated check of your condition, with you answering questions about the events that caused it. As a result, a doctor should be able to establish a clear connection between the accident and your frozen shoulder injury. They may also determine your likely recovery time, which could enhance the settlement depending on how long this is.
From there, it’s about calculating what you could claim for. Now, our panel of personal injury solicitors chooses to avoid using an online personal injury claims calculator. Why? It’s because these tools often only provide template figures that seemingly apply to everyone’s situation. But we know that each frozen shoulder injury differs in some way, and that includes how it psychologically affects the victim. Hence why your circumstances and your medical results, rather than a “one size fits all” approach, shapes your potential settlement.
We should note how there is a difference between the general damages and special damages which make up the settlement. Beginning with general damages, these refer to the actual physical and mental consequences of your frozen shoulder injury. That means limited mobility, the pain itself, and also the anguish of having to handle the injury. General damages, therefore, focus on the primary impact on your life from suffering this frozen shoulder injury. Drop us a message on the Live Chat, situated in the bottom right-hand corner of this page, for more information.
Now, special damages are different because they relate to the extra financial impact of your frozen shoulder injury. For starters, you may lose your income for the recovery period if the injury prevents you from working. And if you’re sidelined for many months or even years, this could put your job, if not your career, at risk. Hence why this is such a crucial element of the special damages. Then, you have the charges for medication, as well as physiotherapy once you begin to work on restrengthening your injured shoulder.
We also have public transport journeys at a time when your shoulder could prevent you from driving safely. This could relate to hospital appointments, shopping trips or any journeys where you have to use buses, taxis or trains. And then we come to aftercare, whereby you receive help from family and friends (gracious care) or even a nurse to look after you while you’re on the mend. If you can produce invoices and receipts to support each of these examples, your case becomes stronger as a result. Want to know more? Message us on the Live Chat option below.
Mr Kettering worked at a pub. He often assisted the delivery team when new kegs of beer were brought in from the brewery. Now, Mr Kettering usually received help from his other pub colleagues for this task. That’s because of the sheer weight of the beer kegs when carrying them from the delivery van.
But on one particular day, none of Mr Kettering’s colleagues was to be seen. Yet they were aware of an incoming delivery, as was his manager. And so when the delivery team arrived, Mr Kettering felt pressure as he had to assist them alone. This meant the task was going to take up much more time unless he tried to speed things along.
So, Mr Kettering ended up trying to rush between carrying the kegs and placing them in the cellar outside the pub. As he was in the cellar, he asked one of the delivery team members to pass him each keg to prevent him from climbing out and then back in.
It was this which led to the accident. As he was picking up the final keg is felt a pull in his shoulder.
In the aftermath, Mr Kettering felt tremendous pain in his right shoulder, and his arm tensed up badly. It didn’t appear that he had suffered any broken bones, but he was unable to extend it properly. So much so that he had to abandon the task altogether.
After several days Mr Kettering visited his local hospital. There, he was diagnosed with a frozen shoulder injury, with a physiotherapy programme set for him to complete after his initial medication. It ended up being over just over a year before Mr Kettering recovered. He had to take a considerable amount of time off work. That’s because his arm left him incapable of performing his duties to the required standard.
Accident At Work Claim
The whole ordeal left Mr Kettering extremely upset. His manager and colleagues had placed him in an awkward position to start with. Because of this, Mr Kettering suffered an injury that was totally avoidable. He had never received any manual handling training before and this had put him at a disadvantage. All of which made the experience even worse for him to handle.
Shortly thereafter, Mr Kettering spoke to a personal injury lawyer. She advised him to file a compensation claim due to negligence by his firm. They had breached their duty of care to him under the Health and Safety at Work etc. Act 1974. Mr Kettering followed her advice, and he received a settlement of £20,000. This was made up of £11,980 in general damages and £8,020 in special damages.
|Type Of Special Damages
|Lost earnings from being unable to work for 5 months
|Costs of medication during his recovery
|Costs of using public transport for journeys
|Costs of hiring a physiotherapist for his recovery
|Family and friends helping out.
Note: This story is not based on a real-life case, and instead is just a hypothetical scenario of what could happen.
As you’re considering whether or not to file legal action after your frozen shoulder injury, there’s one thing to remember. We can provide you with advice at no charge whatsoever prior to you making a decision. This allows you to understand what the claims process involves, as well as the likely timeframe. All you have to do is call our claims team. It also means you can learn about what a feasible figure is that you could claim for.
Of course, we can provide a more precise payout estimate once you enter into the claims process. But in any event, this consultation allows you to learn as much as you can before committing to making a claim. Speak to us today by using the telephone number that you can see across the top of this very page.
You could hire a personal injury solicitor for a personal injury claim on a No Win No Fee basis. That could include you if you take legal action after your frozen shoulder injury. There are numerous advantages towards working with a No Win No Fee solicitor, and they include:
- Not having to pay them at the first point of contact;
- Nor having to pay them while a case is in progress;
- Only paying your personal injury solicitor’s legal costs as a success fee (capped) if your case wins;
- And not having to pay your personal injury solicitor if the case loses for any reason whatsoever.
That means you save money and avoid unnecessary stress because you only pay your solicitor if you receive compensation. And it also forces your lawyer to work as hard as possible to win your case, which can only help you. Find out more about No Win No Fee agreements by chatting with one of our advisors today.
At this stage, we want to know about your own experience with a frozen shoulder injury. Are you recovering from an injury that is taking its time to heal? Have you previously recovered but with you still seeking justice? Or perhaps it’s only by reading this guide that you realise what you’re suffering from? In any case, we want to help you. For free legal advice call our advisors. Our panel of personal injury solicitors is ready to assist whenever you wish to move ahead with a claim.
You should only make this decision if you feel confident that it’s right for you to do so. In the meantime, we’re available 24/7 to handle your enquiry. Just call 0161 696 9685, message us via the Live Chat or write to us on our contact form.
We thank you for reading our guide all about claiming compensation for a frozen shoulder injury. But what’s that we hear, you want to know more information? In that case, you can take a look at these links below which should further enhance your knowledge about the subject.
To start with, we have a guide that discusses unfair dismissal after an injury from an accident at work.
We also have a page covering slips, trips and falls.
And we delve further into the general nature of claiming compensation after an accident where someone else is responsible.
The NHS has a page that explains a frozen shoulder injury in great depth.
In addition, they discuss other shoulder injuries.
And they have a page that lists all of their patient services.
What are the symptoms of a frozen shoulder injury?
Limited mobility for the arm, significant shoulder pain and an unnatural appearance within the shoulder blade are common symptoms.
Should I use heat or ice for a frozen shoulder injury?
We are not medical professionals so cannot provide medical advice. However, we can assist with free advice for any personal injury claim.
What is the recovery time for a frozen shoulder injury?
A frozen shoulder could heal between 1.5 years and 3 years. But could be longer.
Page by KG
Published by AL.