£26,000 Compensation Payout For A Rotator Cuff Injury – Case Study

By Cat Grayson. Last Updated 14th May 2024. Our guide below will examine the process of claiming compensation after you’ve suffered a rotator cuff injury. If you’ve suffered from an injury to your rotator cuff that was because of a third party’s negligence, then you might be entitled to make a claim for compensation.

A doctor inspecting a man who is holding his shoulder in pain.

Injuring your rotator cuff can cause you a great deal of pain when you move your arm. So this kind of injury can have a big impact on what you’re able to do each day. If your injury has long-term effects, then this could be detrimental to your quality of life for years to come.

Below, we’ll look more closely at the process of making a claim for compensation. If you’d like to take advantage of our free legal advice, then you can get in touch with our claims team today. You can do this by calling 0161 696 9685, chatting to us at the bottom right of this screen, or filling out our online form.

Select a Section

  1. Case Study: £26,000 For A Rotator Cuff Injury
  2. Could You Claim For A Rotator Cuff Injury?
  3. Personal Injury Compensation Calculations From Our Specialists
  4. Could I Claim For A Rotator Cuff Injury On A No Win No Fee Basis?
  5. More Resources And Guides On Rotator Cuff Injuries

Case Study: £26,000 For Rotator Cuff Injury

Amie’s Accident

Amie, a 33 year old fitness instructor, was shopping in a supermarket one day when she slipped and fell because of a spilled bottle of milk. As she fell, Amie tried to break her fall with her arm but it became twisted under her weight as she hit the floor.

Amie immediately noticed a dull ache in her shoulder. She found that the pain became much worse the higher that she raised her arm. She wasn’t able to lift her arm above her head as the pain was too great.

Amie reported her accident in the supermarket’s accident book. She also took a photograph of the spill, which hadn’t been signposted.

After a few days, the pain in Amie’s shoulder wasn’t getting any better and she found it difficult to carry out her normal activities. She visited her GP, who sent her to the hospital. The doctor confirmed that she’d injured her rotator cuff.

Because of her injuries, Amie sought legal advice from a solicitor. She decided to pursue a public liability claim.

Recovering From The Accident

Amie was referred to a physiotherapist who showed her some exercises to help ease her pain. She found that these exercises actually made her shoulder pain worse.

Because previous treatments hadn’t worked, Amie was offered keyhole surgery to her shoulder. She did notice some improvement following the surgery, but it was a few weeks until she was able to resume her normal activities. She noticed that even after the surgery she still felt some pain when lifting her arm above her head.

After her physiotherapy sessions on the NHS ended, Amie decided to continue with sessions privately. She felt this would give her the best chance of regaining the range of motion in her shoulder in order to return to work.

While she was injured, Amie was unable to drive. She relied on taxis to get to and from her physiotherapy and hospital appointments.

Amie found it difficult to clean while she was injured. She hired a cleaner to help her around the house whilst she was unable to lift her arm.

Outcome Of The Claim

Types of Special Damages Includes How Much?
Travel Expenses Travel to and from hospital and physiotherapy appointments £390
Medications/Prescriptions Course of physiotherapy, prescriptions for painkillers £500
Future Loss 4 and a half months off work £6,750
Cleaning/Gardening 2 hours of cleaning per week for 4.5 months £360

From the table above, we can see the costs of Amie’s recovery. When we add this to the amount that her injuries were valued at, we can see that her claim was settled for £26,020.

Amie’s case is an example. It is not based on actual events but from past experiences of case handling. 

Could You Claim For A Rotator Cuff Injury?

The first step in determining whether or not you could claim for a rotator cuff injury is establishing that you were owed a duty of care. 

Whether or not you are owed a duty of care can depend on where you are and what you are doing. For example, when you are in public, you are owed a duty of care under the Occupiers’ Liability Act 1957 (OLA). Under this legislation, the person in control of a public space, such as a supermarket, must ensure that it is reasonably safe for visitors. 

A breach in this duty of care could look like an employee failing to signpost or clean up a known spillage in a timely manner. However, this is not enough to form the basis of a valid claim; you also need to prove that you were injured as a result of the breach. 

In short, to form the basis of a valid rotator cuff injury claim, you need to prove that:

  • You were owed a duty of care.
  • This duty was breached.
  • You were injured as a result.

To find out if you could be eligible to make a claim, get in touch with our team today.

Personal Injury Compensation Calculations From Our Specialists

When you’re seeking compensation following a rotator cuff injury, it mightn’t be immediately clear what’s included in your claim. A personal injury claim covers two types of damages. The general damages is the amount that you’ll be paid for any pain, inconvenience or suffering that you’ve experienced because of the accident.

The amount that your injuries are valued at may be determined by the Judicial College Guidelines. The amount you’re paid in general damages will depend on what injuries you’ve suffered, how severe they are and how likely they are to affect you in the long term.

To value the general damages head of your claim, you’ll be invited to a medical assessment where a  doctor will look over your injuries. They’ll be able to confirm that your injuries were caused by your accident. They’ll also determine what the recovery process might look like.

If you’d like more free legal advice surrounding how your claim is calculated, then get in touch with our helpful team of advisers today.

What Are Special Damages?

The special damages head of your claim will reimburse you for anything you’ve had to pay out of pocket because of your injuries. This can include things like medication or physiotherapy that you’ve had to pay for. You can also claim back any travel expenses that you’ve incurred because of trips to appointments.

In some cases, long-term injuries might mean that you need to hire a carer, or make adjustments to your home. These expenses can also be covered in the special damages head of your claim.

If you’ve had to pay for anything as a result of your accident, then it’s advised that you keep any receipts as proof. This ensures that these costs will be taken into account when your claim is valued.

Could I Claim For A Rotator Cuff Injury On A No Win No Fee Basis?

When you pursue a claim for compensation, it’s natural to want to know how much you can expect to receive. This can lead you to search online for things like “how much is my shoulder injury claim worth?”. These kinds of searches will often bring up personal injury claims calculators. These online tools often don’t collect enough information to give you an accurate claim value.

Instead, you can get in touch with our knowledgeable team of advisers. Once we know more about your claim, we’ll be able to help. You’ll then be connected with our panel of expert personal injury solicitors. To take advantage of our claims valuation service, or for free legal advice, get in touch with our team today.

An injury to your rotator cuff can be inconvenient, painful and expensive. But instructing a solicitor to act on your behalf in making a claim doesn’t need to leave you further out of pocket. No Win No Fee agreements mean that:

  • You won’t be asked to make a payment to your solicitor before your claim begins
  • In the event your claim is unsuccessful, you won’t be asked to cover your solicitor’s costs
  • If your claim succeeds, a legally capped success fee will be taken from your compensation to cover fees

For free legal advice surrounding No Win No Fee agreements, get in touch with our team today.

If you’ve suffered from a rotator cuff injury because of an accident that wasn’t your fault and you’d like  free advice around making a claim, you can

More Resources And Guides On Rotator Cuff Injuries

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Published by AL.