By Lewis Cobain. Last Updated 23rd October 2023. A dislocation injury, regardless of whether it is a dislocated shoulder or a dislocated kneecap, can have a devastating impact on you and your health. In some cases, the victim is lucky to get away with some stiffness and mild pain that goes away after a few treatments, but in other cases, dislocation may lead to some serious long-term consequences. This guide will aim to answer questions you may have about a dislocated injury claim.
If you or any of your loved ones have suffered a dislocation from injuries at work, in a road accident or in a public place, or under any other circumstances, you may be eligible for dislocation injury compensation from the liable party.
This guide holds a lot of vital information on how to make a claim. Please read through it, and if you have any questions or would like to start your claim right away, please use the contact details at the bottom of this page to contact us.
To speak to an advisor about making a dislocation injury claim, you can contact Legal Expert online or on the phone. You can:
- Call us on 0800 073 8804
- Enquire online with our claim online form
- Use our 24/7 live chat service
Select A Section:
- What Is A Dislocation Injury?
- Dislocated Injury Claim Caused By A Slip, Trip or Fall
- Claiming For A Dislocation Injury Caused By A Road Traffic Accident
- Dislocation Injury Caused By Medical Negligence
- Claiming For A Dislocation Injury At Work
- Claiming For An Accident In A Public Place
- Other Common Accidents That Result In A Dislocated Injury Claim
- What To Do If You Have Suffered A Dislocation Injury
- How Much Compensation For A Dislocated Injury Claim?
- No Win No Fee Dislocation Injury Claims
- How Much Can I Claim For A Dislocation Injury?
What Is A Dislocation Injury?
A dislocation injury is a type of injury that affects the point where two or more bones connect together in the body, known as the joint. When the bones forcefully leave their regular position, the health condition is known as a dislocation.
A dislocation doesn’t just affect the joints; it may also affect the nerves, ligaments, muscles, and tendons surrounding the affected area. Joint dislocation may affect your shoulders, knees, ankles, hips, elbows, toes, fingers and your jaw.
Dislocation can be very painful and may cause the victim to become temporarily or permanently incapacitated. It may become difficult to move the parts of the body connected to the affected joint.
Dislocated Injury Claim Caused By A Slip, Trip or Fall
Most dislocation injuries occur as a result of a slip, trip or a fall. When you trip or fall, the impact may forcefully push your joints into an abnormal position and force the ligaments that support the bones to lose their hold.
A slip, trip or fall accident can happen anywhere. It could happen at work, or in a public place. It doesn’t matter where the incident occurred if you sustain dislocation injuries from a slip, trip or fall, and the accident was the responsibility of another party, you can claim compensation.
If the accident happened at work as a result of your employer’s negligent actions, you might be able to claim compensation from your employer for your dislocation injury. For accidents that occur in public places such as shopping malls, in the street, at a public library or any other commercial location, you may be able to claim compensation from the business owner or the local council.
Claiming For A Dislocation Injury Caused By A Road Traffic Accident
The forceful impact with another vehicle or objects during an accident may cause the bones to move out of their regular position. If another road user hits you with their car as a pedestrian or while you were driving your own vehicle, you can claim for compensation from the guilty party as long as there is proof that you were not partially or fully responsible for the accident. If you were in a taxi, bus or any other form of public transport and the driver was negligent. It’s possible to claim compensation from the service operator.
Dislocation treatment may take a lot of time and cost money. When you factor in the level of disruption to your everyday life and the adverse effect on your finances that the dislocation may cause, it can mount up to a significant level.
The good thing is that you don’t have to bear the costs alone. If another road user was negligent and exposed you to dislocation injuries from the impact of an accident, you may claim compensation from them.
Dislocation Injury Caused By Medical Negligence
Medical negligence during childbirth, surgery or physical therapy may lead to different types of dislocation injuries. Delayed diagnosis of dislocation symptoms may also cause irreversible damage to the victim’s joint and overall level of mobility.
Medical negligence cases are taken very seriously in the UK. A medical practitioner who is found guilty of negligence may have their license revoked, and be directed to pay compensation to the victim.
However, to be able to get dislocated shoulder compensation or compensation for any other dislocation injuries caused by medical negligence, you would need legal representation. Especially since no medical practitioner would take medical negligence accusations lightly. You would need an experienced medical negligence solicitor to help you prove and argue your case, and win you compensation for your injuries.
Claiming For A Dislocation Injury At Work
If you’ve suffered dislocation injuries following an accident at work, you may be able to claim compensation from your employer. According to the Advisory (ACAS), Employers hold a duty of care to ensure that the workplace is safe and secure for employees. This obligation is also echoed by the Health and Safety at Work at Work etc. Act 1974.
For instance, all equipment, tools and facilities that may expose employees to risks of accidents, be managed appropriately. Employers are also expected to properly train employees to use all equipment and facilities in the workplace. However, despite the measures previously listed, accidents can still occur. Sometimes, the accident may not be your employer’s fault but the fault of another negligent party at work. Our legal advisers would be able to tell you how to go make your claims for such accidents.
Claiming For An Accident In A Public Place
It’s not uncommon for people to slip or fall in a public place due to wet floors, poor construction of walkways or malfunctioning facilities like elevators, canal footpaths, pavements, pedestrian bridges, etc.
Such accidents may occur in various places including supermarkets, spas and beauty salons, libraries and car parks. Any place that is accessible to the public and is the responsibility of a third-party to maintain.
The owners and managers of commercial enterprises owe a duty of care to their clients and visitors to ensure that their business premises are safe for the public to access. A failure to do this makes them liable for any injuries you sustain while you are on the premises.
Other Common Accidents That Result In A Dislocated Injury Claim
Although a large number of dislocation injuries occur as a result of a slip, trips and falls, workplace accidents and road traffic mishaps, those are not the only causes of dislocation injuries. Dislocation Injuries can also be caused by:
- Faulty or Damaged Equipment or Products: Using a product or equipment that is already damaged or faulty such as ladders, gym equipment, or facilities like an elevator in a public place may also cause dislocation.
When the injury is caused by faulty products or equipment, you may be able to claim compensation from the manufacturer or supplier of the equipment or persons responsible for managing or servicing the equipment who failed to do so in cases of accidents that happen at the workplace, gym or in public places.
- Medical Negligence: Sometimes, the negligent actions of your doctor, physical therapist or other medical professionals may also lead to dislocation injuries.
- Assault and Violence: Blunt force impact from physical assault may also cause dislocation. You can claim compensation from the person who assaulted you in such cases.
- Sports Injuries: Excessive pressure or forceful impact during sporting activities is another one of the most common causes of dislocation, especially dislocated shoulders, ankles and knees.
If you were involved in any other type of accident not mentioned above, and it led to dislocation injuries through no fault of yours, please talk to our legal team, and we would be able to tell you how to claim compensation.
What To Do If You Have Suffered A Dislocation Injury
This is an essential part of the claim process, as if you do not handle this correctly, you may be unable to make claims against the negligent party because there would be insufficient evidence to back up your claims.
You should take the following steps:
- Gather as much evidence as you can. Use your mobile phone to take photos of the accident and clearly show the location and time the injury occurred. If it’s a road accident, make sure you take the photos before the vehicles are towed.
- Record details of witnesses to the accident. If it’s possible to get a statement from them too, that would further help.
- Receive medical treatment for your injuries and obtain a medical report on your injuries.
- Make a formal report to the guilty party. If the accident happened at work, you could report to your employer or to the manager or owner of a business if it occurred within commercial premises.
- Talk to a legal expert for advice on any other steps to take and how to begin making claims against the negligent party.
The legal time limit for making claims in the UK is three years; hence you must begin your claims immediately to exceed the time limit.
What Can Be Claimed For A Dislocation Injury?
Two main compensation areas are considered when calculating the damages, you should be awarded for your dislocation injuries.
- Special Damages: If you had to incur any expenses to treat yourself or cope with the after effect of the injuries, you can claim for them under this category. Special damages typically include but are not limited to property damage, travel expenses, medical treatments, hospital care costs, home adaptation and assistance, prescription costs, gadgets to help you cope such as wheelchairs and crutches, rehabilitation expenses including mental and physical therapy, and prescription costs.
This compensation category would also pay for any loss of earnings and loss of earning potential caused by the accident.
- General Damages: Alongside special damages, general damages would also be awarded for the physical pain and suffering caused by the injury.
Since some of the injuries you may suffer cannot be quantified, it’s best to have an experienced legal expert on your side to guide you on the best way to make your claim.
No Win No Fee Dislocation Injury Claims
No matter what type of dislocation injury you have sustained, our No Win No Fee solicitors could help you. For example, if you have a shoulder dislocation injury, they can gather evidence on your behalf and make sure your personal injury claim is put forward in full.
Additionally, if you have concerns about paying an upfront fee, your solicitor could offer you a Conditional Fee Agreement, which is a type of No Win No Fee contract. This usually means you won’t need to pay your solicitor upfront or while your claim is ongoing.
On the basis that your claim is successful, your solicitor will deduct a success fee from your award. The fee they take is capped under the Conditional Fee Agreements Order 2013.
Get in touch anytime if you think you would benefit from hiring a No Win No Fee solicitor. Our advisors can offer you a free consultation to determine whether this type of arrangement is suitable for you.
How Much Compensation For A Dislocated Injury Claim?
If you are successful in your dislocated injury claim, you could receive compensation. This can be made up of two heads of loss. The first is called general damages, and this is to compensate you for your injuries. The second is called special damages, and this compensates you for the financial losses caused by your injuries.
Looking at general damages first, there are factors that determine how much dislocation injury compensation you could receive. These include:
- The severity of the dislocation
- Pain levels you suffer
- The outlook for the future (your prognosis)
- The impact of your injuries on your life
Those calculating compensation for a dislocated injury may refer to the Judicial College Guidelines (JCG) to help them come to a figure. The JCG contains many injuries and a suggested compensation bracket for them. They are only guidelines, and no compensation amount for a dislocation is ever guaranteed, but below is a bullet point list of injuries from the JCG (except the first row) and what the corresponding compensation bracket is.
Compensation Examples
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- Multiple Serious Injuries plus special damages – Serious multiple injuries with financial losses – Up to £250,000 plus
- Severe (i) Pelvis Injury – Fractures of the pelvis, including dislocation of the low back joint and ruptured bladder – £95,680 to £159,770
- Severe (ii) Pelvis Injury – Fracture dislocation of the pelvis resulting in impotence – £75,550 to £95,680
- Very Severe Ankle Injury – Including trans malleolar fracture and deformity – £61,090 to £85,070
- Moderate Ankle Injury – Difficulty standing and walking on uneven ground – £16,770 to £32,450
- Severe Shoulder Injury – Significant disability and damage to the brachial plexus – £23,430 to £58,610
- Serious Shoulder Injury – Dislocation and damage to the lower part of the brachial plexus – £15,580 to £23,430
- Moderate Shoulder Injury – Frozen shoulder with limitation of movement – £9,630 to £15,580
- Less Severe Elbow Injuries – Impairment of function but needing major surgery – £19,100 to £39,070
- Moderate (i) Knee Injury – Injuries involving dislocation with minor instability – £18,110 to £31,960
- Moderate (ii) Knee Injury – Less serious than knee injuries above but still with some ongoing occasional pain – £18,110 to £31,960
Can I Claim Financial Losses From My Dislocation Injury?
Compensation for a dislocated injury could include financial losses if they have been caused by the injuries. They will also need to be supported by evidence. Some financial losses that could be claimed include:
- Loss of earnings
- Corrective surgery
- Rehabilitation costs
- Care needs
- Travel and medical expenses
To find out more about how much your potential claim could be worth, why not contact an advisor today?
To speak to our team for free advice on dislocation injury claims, you can:
- Phone us on 0800 073 8804
- Reach us online using the claim online form
- Contact us through our 24/7 live chat service
Helpful Links
- NHS Guide On Dislocated Shoulders
- NHS Guide On Dislocated Kneecaps
- How Much Compensation Can You Claim For Accident At Work Claims?
- Learn More About Arm Injury Claims
Thank you for considering our guide about making a dislocated injury claim.
