By Daniel Kirk. Last Updated 8th August 2022. Welcome to our guide to shoulder injury claims. In this guide, we’ll discuss the potential settlement value of a shoulder injury claim. We’ll also provide information on using a shoulder injury compensation calculator and why they would not be able to give you an accurate sum for rotator cuff tear compensation. This guide could prove useful to you if you’re considering claiming compensation for a shoulder injury, including whiplash.
When a shoulder is injured, there are a lot of things you’ll find you can no longer do – at least while it recovers. It’s also likely to be quite painful, and you might find it affects you more than you would have thought.
There are various ways you could sustain a shoulder injury. For example, in an accident in the workplace due to inadequate training, in a motorcycle accident or the result of a slip, trip or fall. If someone else’s negligence caused the accident in which you sustained your shoulder injury, it may be possible for you to claim shoulder injury compensation with the help of a personal injury lawyer.
Shoulder injury claims explained
Within this page, we explore the complexities of shoulder injuries, describe the situations that lead people to launch shoulder injury compensation claims, and show how we can help you bring one against the responsible parties.
We also talk about approximate compensation brackets for certain types of shoulder injuries.
You can chat to us at any time on 0161 696 9685, or see what other personal injury claims we could give guidance on, but we’d advise you to take a look through the guide first in order to have most of your questions answered.
- A Guide To Shoulder Injury Compensation Claims
- Compensation Payouts In Shoulder Injury Claims For 2022
- What Can My Shoulder Injury Compensation Claim Include Damages For?
- The Anatomy Of The Shoulder
- What Are The Most Common Shoulder Injuries?
- Common Causes Of Shoulder Injuries
- What Are The Effects Of A Shoulder Injury?
- How Are Injuries To The Shoulder Assessed?
- How Can You Prove Liability In Shoulder Injury Claims?
- Can I Claim For A Workplace Accident Causing A Shoulder Injury?
- Shoulder Injuries Caused By A Car Crash Or Road Traffic Accident
- Shoulder Injuries Caused By An Accident In A Public Place
- Injuries To The Shoulder Caused By A Slip Or Fall
- What Reason Can I Make A Shoulder Injury Claim For?
- How Do I Make A Shoulder Injury Compensation Claim?
- No Win No Fee Shoulder Injury Claims
- How We Can Advise You If You Suffered A Personal Injury
- Talk To Our Team About Shoulder Injury Claims
- Where You Can Find Out More About Personal Injury Claims
The shoulder is an important joint, and one that we use almost constantly throughout the day without quite realising just how much it does.
However, when your shoulder is injured, this will likely be brought home in quite a painful fashion.
Should the injury in question be due to someone else’s fault, then it is likely that you will not only be in pain, but be feeling aggrieved that the injury happened at all. This is when most people start to search as to whether they are able to make a compensation claim for shoulder injuries, whether this is against a local authority, their employer, a commercial building owner, or a driver on the road.
If you read the sections below, you’ll be able to learn all about shoulder injury compensation, what situations would lead you to seek this type of compensation, how to choose a personal injury solicitor to help you, why no win no fee is a great way to claim, and more about personal injury claim calculators and why we advise not to use them.
A lot of people use online tools like a shoulder injury claim calculator to find out how much compensation they could receive for their shoulder injury claims. These tools can be helpful when looking for a broad estimate or to get a rough idea of what you could receive, but the figures they provide are often not very accurate.
This is because generally, shoulder injury claims compensation is calculated on a case-by-case basis, depending on the circumstances. As such, while a shoulder injury claim calculator may be able to provide an estimate, it’s unlikely it will be able to account for your specific circumstances.
We recommend that you get in touch with a legal professional. They can give you a more accurate estimation of what you could receive in compensation, depending on the circumstances you describe during your free consultation.
Alternatively, you can use the shoulder injury claim calculator table. The figures we have included in this table are taken from the 16th edition of the Judicial College Guidelines, published in 2022, which provides guidelines for legal professionals to consider while valuing claims.
|Shoulder Injury Type||Average Bracket||More information|
|Severe (a)||£19,200 to £48,030||Brachial Plexus and neck injuries are usually involved here. There are often severe effects on hand and arm movements|
|Serious (b)||£12,770 to £19,200||Dislocation and lower brachial injury, loss of grip could be involved. Persistent symptoms are likely to be present.|
|Moderate (c)||£7,890 to £12,770||Frozen shoulder can be included here. Symptoms can be present for up to 2 years|
|Minor (i)||£4,350 to £7,890||Recovery in less than 2 years|
|Minor (ii)||£2,450 to £4,350||Recovery in less than 1 year|
|Minor (iii)||Up to £2,450||Recovery in 3 months|
Contact our team of advisors today for free legal advice surrounding shoulder injury claims, or to get a free estimate of the value of your claim.
Shoulder injuries can be complex, and they may stop you doing certain things. One thing is for sure, however, and that is that they are painful.
If someone else has caused you this pain, it is only right that you are able to claim for it, as well as financial losses that you’ve suffered directly due to the injury.
The settlement value of a shoulder injury claim may comprise:
Pain, discomfort, torment; call it what you will, but you will likely have suffered a bit if you’ve obtained a shoulder injury. This is what general damages compensate for.
The amount will likely be awarded based on the severity of the shoulder injury, as well as your chances of a full recovery.
These are for monetary losses you’ve faced, and could include:
- Care costs
- Medical expenses
- Loss of earnings
- Travel costs
Evidence is required to support your claim for any monetary losses, such as receipts and payslips.
As previously mentioned, the shoulder is an important job, and to understand what it does that makes it so important is easy when you follow the explanation below.
The joint is made up of the scapula (blade) of the shoulder, which is like a socket. The upper arm (humerus) bone fits into this, like a ball. The other vital parts of the joint are the clavicle which is also known as the collarbone. This meets the acromion, part of the scapula, in what’s called the acromioclavicular joint. On top of all this is the rotator cuff. This is a number of tendons and muscles that help with movement of the shoulder, and they also support the joint. Then, there is the bursa, which is a small sec filled with fluid that cushions the joint, and labrum; a cartilage cuff that helps the humerus fit into the scapula.
All this works together to provide a joint with a full range of movement that allows the arm to move properly.
There are a huge number of things that can go wrong with the shoulder. Here, we take a look at some of the more common ones that are usually caused by accidents, and not wear and tear.
Instability of the shoulder – This happens when the ligaments and muscles holding the shoulder together are stretched too far. This can happen in lifting accidents. It renders the joint unstable.
If the ligaments were to be torn, then this can lead to the shoulder becoming dislocated. This is extremely painful and while sometimes the shoulder ‘pops’ back into the joint, sometimes it requires manipulation to be put back into the correct position. Recurrent dislocations might need surgery to correct.
Rotator Cuff Tear – We’ve explained what the cuff is, and where it is located previously in this guide. The tearing of the cuff makes it extremely difficult for a person to lift the arm and rotate it as normal. Rest is often required, but physiotherapy may be a requirement once the shoulder has begun to heal. You will likely need to take painkillers for this injury.
Overuse – If the shoulder joint is subject to overuse, then this can cause osteoarthritis, a painful condition that makes usual use difficult. This is common in work shoulder injury claims. Cortisone injections may be required for a person to regain some movement in the shoulder.
Other injuries, such as heavy blows may cause injury to the bones within the shoulder joint. These can be very painful and cause long-term issues.
If you have experienced a similar shoulder injury due to someone else’s negligence, you may be entitled to make a shoulder injury compensation claim. Call our team for more information.
There can be any number of shoulder injuries that lead to compensation claims. Here, we break down some of the more common ones, but if you’ve suffered this injury through another cause, then do not let this put you off making shoulder injury compensation claims. Just call our team and we’ll talk over with you whether you’d have a claim.
- Workplace accidents: These could include repetitive strain injuries, falls from height, slips and falls on the same level or heavy lifting.
- Road traffic accidents: These might include head-on collisions or rear shunt accidents.
- Public place accidents: These might include a slip, trip or fall.
Please note, to pursue compensation, you must show that someone failed to uphold their duty of care and caused you harm as a result. Call our team to see if you’re eligible to receive a settlement value for a shoulder injury claim.
With the shoulder being such an important joint, and one we use all the time, when it fails, it can cause untold disruption to our daily life, and even our state of mind, as it can be very frustrating and depressing not to do the things we once did. Things like getting dressed, playing sports, and lifting loads can often be problematic and this can have a huge effect on our enjoyment of life, sports, and even our job.
There is also a diagnosed condition caused shoulder impingement syndrome, which involves a tendon catching within your body on some tissue or bone and causing long-term pain. This can last months or even years, and may require shoulder surgery to correct, if things like cortisone injections, rest, or physiotherapy don’t work.
The only way to correctly ascertain the severity of any shoulder injury is via a medical exam.
A medical professional may ask you to do some movement, take a full history, including asking you about your level of pain, then perhaps send you for scans.
The results of these will be compiled into a medical report and this could form part of the evidence required to ascertain your shoulder injury compensation.
Proving who is liable for your shoulder injury requires certain conditions to be met. You are required to prove that the person/s were responsible for your safety, that they failed in this responsibility and that the failure led to your shoulder injury.
This is where a No Win No Fee solicitor comes in; as they know the sort of proof that is required for this.
In addition, however, you may be asked, not only to attend a medical to assess your injury, but to provide an account of what’s happened, any witness details if anyone else was present, any photographical evidence as well as proof of costs incurred as a result of your shoulder injury.
In short, if someone failed to uphold the duty of care they owed you resulting in you sustaining a shoulder injury, you could make a shoulder injury claim.
For more information on whether you’re eligible to claim, call our team.
Road accidents can cause major trauma to the body, and the shoulder can be stretched out of place, leading to some of the injuries mentioned above. A heavy blow can also cause a lot of damage to the shoulder. Brachial plexus injuries are common in road traffic accidents, as well as nerve, tendon and muscle damage or a dislocation injury.
Your local authority may be responsible for your safety in certain public places if they are the occupier. For instance, if they haven’t repaired a pavement and you’ve fallen, or a pothole that should have been fixed or signposted was not and you were injured, then you would likely have a claim for shoulder injury compensation.
Similarly, owners of commercial buildings also have the same responsibility, so if you have slipped on a wet floor that was not signposted at a supermarket, or shop, or hotel, then you might have cause to launch a shoulder injury compensation case there too.
Some of the most common accidents, whether it involves tripping on a pavement, in a shop, in someone’s workplace, or anywhere include slips and falls.
Depending on whether you’ve fallen from height, on the same level, or into another object, your shoulder injury from slip and fall may be only minor or it may cause you issues for years to come.
The way in which you’d ascertain whether you have a reason to make a shoulder injury claim is by taking an outsider’s look at the events that had occurred. There are three components that make up validity of claims and they are as follows:
1. Someone must have been responsible for wellbeing or safety of the victim. This could be an employer liable for employee health and safety, a building owner for health and safety of building inhabitants, or a driver responsible for the safety of their vehicle on the road.
2. There must have been an incident that caused injury or harm to the victim. No matter what, this must be evidenced, which is why seeking medical attention directly following an incident is a must.
3. It must be proven that the person/entity’s failure in their duty to preserve your safety directly resulted in harm to you.
If the above criteria are filled, then it is wise to contact a quality personal injury solicitor, who can pull together the argument that you are entitled to compensation for what has happened to you.
Get in touch to find out more about shoulder injury claims and the steps you can take to build a strong case.
When you’ve ascertained that you’ve been injured, and it was caused by someone else’s negligence, you may not quite know what to do next.
One of the most important things that will likely take a lot of stress out of your claim, is to get a personal injury lawyer with experience in this field to help you claim.
By calling our team, you can start the ball rolling. We’ll offer you our input into whether you’d have a case for someone to answer, and we can also help connect you with a no win no fee solicitor to take your case forward to conclusion.
How long do I have to claim shoulder injury compensation amounts?
Whilst the time limit in the Limitation Act 1980 states that a claim must be started within 3 years of the date you were injured, there can be exceptions to this. One example of this is if you are not immediately aware of the injury you sustained such as when the symptoms do not immediately manifest.
If you have evidence (such as medical records) that this is the case, then you could use the date you became aware of your injuries as the start of your 3-year time limit.
Claims involving injuries to children and those with a reduced mental capacity can be subject to a suspended time limit. Additionally, as neither group are legally permitted to make a claim on their own behalf, a litigation friend must be appointed to do so for them. Once the claimant turns 18 or potentially recovers, they can then claim for themselves.
In short, the time limits imposed on claiming shoulder injury compensation payouts in the UK can vary depending on certain circumstances. Get in touch to find out more about how long you could have to claim. We can even give you a bespoke valuation of your claim that may be more accurate than an online compensation shoulder injury calculator.
When considering making a shoulder injury compensation claim, it is essential that you aren’t put off by the cost of hiring legal representation. It is, in fact, entirely possible to put forth a shoulder injury claim with a solicitor without having to pay a fee upfront. This way is called No Win No Fee.
It involves you and your chosen solicitor signing an agreement called a Conditional Fee Agreement (CFA) that comes with the condition that a percentage of your compensation is paid to your solicitor. If your claim doesn’t result in a compensation payment, then you don’t pay this percentage.
The benefits of this type of claim extend beyond the financial. You’ll also know that your solicitor will be working hard for your compensation, as they won’t want to lose out on their money. You’ll also know that they wouldn’t just take on your claim if it didn’t have a good chance of success.
We are ready and able to help answer questions on shoulder injuries. While we have covered a lot in this guide, we do understand that questions still arise, especially when it comes to complexities surrounding some cases.
We’ll be able to listen carefully to what’s happened to you, advise you on a course of action and then connect you to a personal injury solicitor to take your claim forward.
We do so with great customer service, a professional yet friendly approach and confidentiality guaranteed.
Get in touch and we can provide further clarification on using a shoulder injury compensation calculator when valuing your shoulder injury claim.
Whether you have questions you need answering or you’re ready to find a personal injury solicitor, we can help find what you need.
We look forward to hearing from you.
Some more information you might find of interest can be found in the links below:
Shoulder Pain – An NHS Guide – Do you want to know more about shoulder pain? Read here.
Publication on prevention of slips – Advice for employers about prevention.
Workplace health and welfare – HSE approved code of practice
More information on shoulder impingement – An NHS guide.
Damaged Nerve Injury Claims– Visit this guide if you have experienced shoulder nerve damage as a result of someone else’s negligence.
Pedestrian Accident Compensation Claim– See our helpful guide on claiming compensation as a pedestrian.
Agency Worker Injury At Work Claims– Visit our guide to learn more about claiming for an injury sustained as an agency worker.
Can Pre-Existing Injuries Affect A Whiplash Claim? – Read our guide to understand whether a pre-existing injury could affect your claim for a whiplash injury.
Accidents Caused By Fatigue And Tiredness In The Workplace – See our guide to find out if you can claim for an accident or injury caused by fatigue or tiredness at work.
How To Prove Liability In A Slip And Fall Case – See this guide for more information on slip, trip and fall claims.
Can a Whiplash Claim Be Refused? – Read our guide for more information on if a whiplash claim could be refused.
What Is The Minimum Whiplash Payout? – Read this article to learn more about the minimum payout you could receive from whiplash claims.
How Long Does a CICA Claim Take? – Find out here how long a CICA claim could take if you’ve suffered from a criminal injury.
FAQ on Shoulder Injury Claims And The Shoulder Injury Compensation Calculator
What could cause shoulder injury claims from workplace accidents?
As we mentioned, you’d need to prove that your employer had breached their duty of care to protect your safety and your health at work to claim for an injury in a workplace accident. If you’re wondering what could cause an injury at work, we only have to look at the HSE statistics. The figures for 2020-21 show that slips, trips and falls on the same level were the most common accidents reported by employers during this time. Further statistics could be found below.
What Is The Average Settlement For A Shoulder Injury?
As we mentioned earlier in this guide, there is no average payout for a shoulder injury. This is because compensation is awarded on a case-by-case basis, as a result of the unique nature of personal injury claims.
So, while there is no average settlement for a rotator cuff injury, you can still check the compensation calculator table in the guide above to get an idea of how much you could receive for a variety of shoulder injuries should you make a successful claim.
It’s important to note that the figures provided are only guidelines, and that general damages are calculated according to a number of factors, including the severity of your injury, and how invasive your treatment may be. So, for a shoulder injury requiring surgery, the compensation may differ from what you might receive for a minor shoulder injury.
Special damages may also have an effect on your compensation. If you choose to hire legal representation, they can help you identify what you could claim for under special damages, and how it might affect your final sum.
Get in touch with our advisors today for more advice surrounding your compensation, or for a free estimation of what you could receive in the event of a successful claim.
Shoulder injury compensation calculator – What’s the worst shoulder injury?
Usually, a fracture to the shoulder would be considered one of the worst injuries. No matter what type of injury you have, if you could prove someone else was at fault, we could help you with shoulder injury claims if you’re eligible to make them.
Should I Use A Shoulder Injury Compensation Calculator In 2022?
Using a shoulder injury compensation calculator can help you get a broad estimate of what shoulder injury compensation payouts could include. However, these figures are not always accurate. This is because general and special damages are calculated according to the individual circumstances of each case.
Oftentimes, shoulder injury compensation calculators use figures provided by the JCG to calculate their estimates. You can find some examples of these figures earlier on in the article.
For a free estimate of what you could receive in terms of shoulder injury compensation payouts, contact our team of advisors today. We recommend speaking to an advisor or legal professional before starting your claim, as they can provide more specific information than a calculator.
Thank you for reading our guide to shoulder injury claims. Now, hopefully you’ll be aware of what compensation for whiplash and shoulder injury could be and how to make rotator cuff tear compensation claims. You’ll also be aware that a shoulder injury compensation calculator could only give you rough guidance on the settlement value of a shoulder injury claim.