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How Much Dislocated Shoulder Compensation Could I Claim?
Last Updated By Danielle Jordan On 13th June 2024. This page contains a guide to making a claim for dislocated shoulder compensation. A dislocated shoulder is a serious injury, especially for the elderly. In the worst case, the shoulder can become permanently harmed, reducing function and leaving you with some level of disability. If you suffer such an injury due to the actions of a third party, you may be in a position to make a compensation claim for the pain and suffering you have gone through. This guide explains why you may be able to claim, and how.
In this guide to making a claim for dislocated shoulder compensation, we intend to try and give you as much information as we can about the personal injury claims process. This guide is separated into two parts. The first part gives a lot of background information and advice on the circumstances of a potential claim. You will find we added a dislocated shoulder compensation table with ranges of general damages listed. Additionally, you will find a discussion of the types of damages you might seek and why. Using the NHS website we look at how a dislocated shoulder is diagnosed and treated in their online guide.
The second half of this guide moves on to look at the information that is important in relation to the claim itself. We have also taken time to give an explanation of the process of using a No Win No Fee lawyer to help you make a claim. We close this guide with some advice on how to get in touch with us, and some links that you may find to be useful.
We can only go over so much information in this guide. You may still have questions you want answers to, in this case, we need to let you know that our claims line is manned 24 hours a day, every day of the week. Call any time and one of our expert advisors will answer your questions for you. You can call us on 0800 073 8804 or request a call back by using our contact form.
Select A Section:
- Dislocated Shoulder Compensation
- How Do I Make A Successful Personal Injury Claim?
- Which Treatment Should I Receive For My Shoulder Injury?
- What Are The Symptoms Of A Dislocated Shoulder?
- Where Could I Suffer A Shoulder Injury?
- What Evidence Do I Need To Claim For Dislocated Shoulder Compensation?
- The First Steps Towards Filing A Shoulder Dislocation Claim
- Why Might I Use A No Win No Fee Solicitor For A Shoulder Injury Claim?
- Telephone Legal Expert To Make A Personal Injury Claim
- Additional Information On Claiming Dislocated Shoulder Compensation
Dislocated Shoulder Compensation
To make a personal injury claim for dislocated shoulder compensation you will need to prove that you have been injured because of a breach in the duty of care owed to you. Employers, road users and those in control of public spaces all owe a duty of care to keep us safe as we go about our daily business. If you suffer an injury because this duty has been breached then you could be eligible to seek compensation in a personal injury claim.
You might be wondering what the average payout for a dislocated shoulder is. However, knowing the average value of a dislocated shoulder claim may not be beneficial. That’s because each claim is assessed on its individual merits with various factors coming into the final settlement.
If you make a successful personal injury claim for your shoulder injuries, your settlement could consist of two parts:
- General damages for the physical pain and mental suffering caused by the accident.
- Special damages for the financial losses incurred as a result.
To help when valuing your pain and suffering, those responsible for doing so, such as a personal injury solicitor or other legal professional, may refer to the compensation guidelines from the Judicial College (JCG). This is a document that lists guideline figures for different types of injuries and illnesses in varying severities.
We’ve provided the table below to help illustrate how dislocated shoulder compensation could be awarded. The top row contains a figure that shows how your settlement may consist of compensation for more than one injury plus special damages. In the following rows, we look at figures for shoulder injuries from the JCG. It should be noted that the figure in the top row was not taken from the JCG. As stated above, all claims are different, so only use the table as guidance.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Related Expenses | Very Severe | Up to £100,000+ |
| Shoulder | Severe | £23,430 to £58,610 |
| Serious | £15,580 to £23,430 | |
| Moderate | £9,630 to £15,580 | |
| Minor (i) | £5,310 to £9,630 | |
| Minor (ii) | £2,990 to £5,310 | |
| Minor (iii) | Up to £2,990 | |
| Clavicle | Fracture | £6,280 to £14,940 |
Special Damages
Additionally, you could be awarded special damages to compensate for any financial losses caused by your shoulder injury. Examples of special damages that could be awarded include:
- Loss of earnings.
- Medical costs, including prescriptions and care expenses.
- Transport expenses.
- Home help while you recover, such as a cleaner.
As part of the personal injury claims process, you will be expected to submit proof of your expenses. You could submit wage slips, receipts and invoices.
If you would like to discuss how much dislocated shoulder compensation you could receive for a successful claim, please speak to a member of our advisory team.
How Do I Make A Successful Personal Injury Claim?
When making a compensation claim there is no legal requirement that says you must hire personal injury solicitors. That said personal injury solicitors will have the capabilities, experience and knowledge that could increase the chances of your case being successful. If a solicitor takes on your case they will want to check that you meet specific criteria. You must be at least only partially responsible for what happened. If you are at complete fault for the accident in which you suffered the injury you would not be eligible to claim.
In many cases, this means proving that the third party had a duty of care towards you, to not cause you harm, and that a breach of duty of care did actually harm you. This is called a but-for test. Put simply, but for the actions (or inaction) of the third party, you would not have suffered harm.
Claims Time Limits Explained
A claim for dislocated shoulder compensation must be started within the applicable time limit. It will not matter how long the claim takes to process, as long as it is begun within the deadline.
There is a general claims limitation period of three years from the date of the incident. However, sometimes injuries are not always connected to negligence straight away. So sometimes the date from when the limitation begins can be three years from the date of knowledge.
But, there are certain situations whereby this deadline is different. Two examples of this are where the claimant is under the age of 18, or where they do not have the mental capacity to pursue a claim alone. If you call and talk to one of our claim advisors, they can tell you exactly which time limit will be in place.
Later in this guide, we will give some advice on how to go about proving the validity of your claim. However, if you would prefer the advice of one of our claims team, please feel free to contact us.
Which Treatment Should I Receive For My Shoulder Injury?
A dislocated shoulder according to the NHS is when the upper part of the arm is dislocated from the joint or socket. This particular socket is prone to dislocations. Very often this is due to the fact that the actual socket is very shallow.
If a dislocation takes place sometimes ligaments and the surrounding soft tissue can become overstretched. Dislocating your shoulder is by no means a minor injury, it can also be very painful.
Medical treatment needs to be sought if you believe that you have dislocated your shoulder. Having any injury looked at straight away gives you a better chance of making a full recovery and at a quick pace. Usually, a dislocated shoulder will take about 12-16 weeks to heel.
What Are The Symptoms Of A Dislocated Shoulder?
The severity of the pain you went through, and how bad your dislocated shoulder symptoms were, will have an impact on the level of dislocated shoulder compensation you will receive. According to the NHS symptoms may include:
- Visible deformity of the shoulder joint.
- Being unable to move the shoulder joint.
- The top of the arm bone may be visible under the skin.
Where Could I Suffer A Shoulder Injury?
There are many ways you could be injured in a way that could result in your being eligible for dislocated shoulder compensation. Below, we have given some examples of who may be liable for a dislocated shoulder injury.
- Employer – Under the Health and Safety At Work etc Act 1974 employers owe you a duty of care. If an accident at work – takes place because your employer was negligent then it is possible that they could be liable for any injuries suffered.
- Road Users – Under the Road Traffic Act 1988 and the Highway Code all road users owe each other a duty of care to prevent accidents on the road. Car accident injuries can happen if road users neglect this duty of care. If you suffer a shoulder injury due to a road user’s negligence you could be eligible to claim personal injury compensation.
- Occupiers – Under the Occuppiers’ Liability Act 1957, those in control of public spaces the public can use for the intended purpose have a duty of care to keep these areas as safe as can be reasonably expected. Injuries caused through slips trips and falls that could have been avoided may mean the occupier is liable.
Personal injury compensation can be sought with the right evidence to prove who is liable for the harm caused. If you would like to find out whether you have a valid claim, you can call and speak to one of our advisors. First, explain to them what has happened to you. Once they have learned enough about your situation they can evaluate your claim for you.
What Evidence Do I Need To Claim For Dislocated Shoulder Compensation?
It is vital that when making a personal injury claim you have the right evidence to prove your case.
- Take photographs or videos of your injuries and the cause of the accident. CCTV footage can also be useful here.
- Be sure to get professional medical care for your injuries. Medical care creates an official record of your injuries.
- If you were injured in an accident at work, make sure to follow the correct accident reporting procedure.
- If there were any witnesses to the incident that caused your injury, get their contact details. They may be needed to give testimony at some stage.
- Begin to keep a record of any financial losses you encounter due to your injury. Also, keep receipts, bills, invoices, travel tickets, etc. for any expense you intend to claim back.
- As part of the claims process itself, you will need to go for an impartial medical examination. The results will help your solicitor to value your claim.
If you want some more advice please call and talk to one of our advisors. They will be able to help you further with this.
The First Steps Towards Filing A Shoulder Dislocation Claim
When you call our claims team you will be provided with a free consultation. Here you can have all your questions answered and be provided with free legal advice. You are under no obligation but if you would like our solicitors to take a look at your case our advisors can connect you to a specialist in the area of your claim.
- Call and explain your situation to a member of our claims team. At this stage, they will answer any questions you have, and also let you know key information, such as the applicable time limit for starting a claim.
- A claim advisor will evaluate your case for you. They will tell you whether they believe you have a valid basis for attempting to claim compensation for your injuries and losses.
- If your case is valid and has a chance of being awarded compensation you will be offered the chance to be connected with one of our expert personal injury solicitors.
If you just need some general help and advice about the claims process, you can call and have a talk with our claim advisors before deciding if a claim is appropriate or not.
Why Might I Use A No Win No Fee Solicitor For A Shoulder Injury Claim?
You could be able to use the services of a No Win No Fee solicitor to make a claim for dislocated shoulder compensation. A No Win No Fee agreement, which is also known more formally as a Conditional Fee Agreement (CFA), can provide a vehicle for getting the legal help you want, without paying anything upfront.
You don’t pay any fees to the lawyer while the claim is being processed. If the claim is not a success, your lawyer will not ask to be paid a fee. If it is a success, you will pay the lawyer a pre-agreed success fee, which is legally capped. This can be taken out of the compensation payment itself. Our claims team can explain how claiming under a No Win No Fee arrangement works if you give them a call.
Telephone Legal Expert To Make A Personal Injury Claim
Do you believe that you have a valid claim for your shoulder dislocation? Then get in touch with us today. Our claims team can tell you whether your claim is valid. They can also arrange for a lawyer to begin processing your claim for dislocated shoulder compensation right away. Use the information below to get in touch. Our lines are open every day of the week, around the clock.
Telephone: 0800 073 8804
Email: info@legalexpert.co.uk
Or use our web contact form.
Additional Information On Claiming Dislocated Shoulder Compensation
Here are some links to other useful websites.
NHS Guide To Shoulder Impingement Explained
Occupiers’ Liability Act 1987 – Responsibilities of occupiers to keep public spaces safe.
The Health And Safety At Work etc Act 1974 – Responsibilities of employers to employees.
Here are some other, related guides.
Would I Need To See A Doctor When Claiming For A Personal Injury?
How Much Compensation Can I Claim For Care Home Negligence ?
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