Have you had an accident that wasn’t your fault? Did this lead to you suffering from a dislocated shoulder? If so this could have caused you to suffer immense pain and potentially also financial losses. Within this guide, we discuss when you could be eligible to make a dislocated shoulder compensation claim.
We begin by setting out the eligibility requirements all personal injury compensation claims must meet. Furthermore, we share what evidence could be used to support your claim and how long you have to begin this process.
Additionally, we share the different types of compensation you could be awarded. Finally, we end this guide by sharing how one of our specialist personal injury solicitors could help you claim on a No Win No Fee basis.
To discuss your specific circumstances today, you can contact one of the friendly advisors on our team:
- Phone us: 0800 073 8804
- Online: Contact us
- Live chat available
Choose A Section
- What Is A Dislocated Shoulder Compensation Claim?
- How Do I Claim Dislocated Shoulder Compensation?
- What Is The Time Limit For A Shoulder Dislocation Claim?
- How Much Dislocated Shoulder Compensation Could I Receive?
- How Long Will It Take To Claim For A Dislocated Shoulder?
- Contact Us For Free To See If You Can Claim Compensation For A Dislocated Shoulder
- More Useful Resources About Claiming Personal Injury Compensation
What Is A Dislocated Shoulder Compensation Claim?
A dislocated shoulder compensation claim is a personal injury claim that could be made if your case meets the following criteria:
- You were owed a duty of care.
- This duty was breached.
- This caused you to suffer from a dislocated shoulder.
There are various instances where you are owed a duty of care and where an accident could occur if this duty is breached. Some examples are set out below:
Accidents at Work
Under the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. The must take reasonable actions, steps and measures to prevent their employees from coming to harm while working.
If they fail to do so, and this causes you to suffer a shoulder injury, you may be able to make an accident at work claim. For example:
- Due to your employer not providing you with any manual handling training, you try and lift a box that was too heavy, causing you to suffer a dislocated shoulder.
Accidents in a Public Place
Members of the public are owed a duty of care by those in control of public spaces (occupiers). Per the Occupiers’ Liability Act 1957, occupiers need to do all that is necessary to ensure the reasonable safety of those visiting that public space.
If they fail to do so, and this causes you to suffer a shoulder injury while in a public place, you may be able to make a public liability claim. For example:
- The occupier of a shopping centre has not fixed a faulty stair railing, causing you to fall down the stairs and suffer a dislocated shoulder and a broken foot.
Road Traffic Accidents
Anyone who uses the roads, from pedestrians to motorists, owes each other a duty of care. They must use the roads safely and navigate them in a way that avoids causing harm to one another. To adhere to their duty of care they must also follow the rules and regulations set out within the Road Traffic Act 1988 and the Highway Code.
If someone using the roads does not adhere to their duty of care, and this causes you to suffer a shoulder injury, you may be able to make a road traffic accident claim. For example:
- A taxi driver drives through a red light at a junction, causing them to crash into you on your bicycle. In the accident, you suffer a dislocated shoulder and a back injury.
To see whether you may be eligible to claim dislocated shoulder compensation, you can contact our advisors.
How Do I Claim Dislocated Shoulder Compensation?
In order to make a dislocated shoulder compensation claim, you will need to provide evidence that supports your case, such as:
- CCTV, dashcam or other video footage.
- Accident reports, such as a police report or from the workplace accident book.
- Medical records detailing your injury.
- Photgraphs of defective equipment or the accident site.
- The contact information of any witnesses.
One of our expert personal injury solicitors could gather this evidence on your behalf. Contact our advisors about working with one of them today.
What Is The Time Limit For A Shoulder Dislocation Claim?
All personal injury claims have a time limit of 3 years from the date of the accident. This is outlined in The Limitation Act 1980. However, there are some exceptions to the rule:
- If the injured person is a minor (under the age of 18), the time limit is paused until they become 18.
- If they lack the mental capacity, the time limit is paused permanently unless they recover this capacity. In these cases, it will then run from the recovery date.
In both situations where the time limit is paused, a litigation friend could make a claim on their behalf.
To see whether you are within the time limit to begin our dislocated shoulder compensation claim, you can contact our advisors.
How Much Dislocated Shoulder Compensation Could I Receive?
How much dislocated shoulder compensation you could receive for a successful claim will depend on the factors of your case.
However, should you make a successful claim, you will receive compensation for the pain and suffering your injury has caused you under general damages.
The Judicial College Guidelines (JCG) could be used alongside your medical records to help calculate your general damages payout. Within the JCG are guideline compensation brackets for various injuries.
We have listed the JCG entries that relate to shoulder injuries in the table below, aside from the first entry.
| Injury | Severity | Amount |
|---|---|---|
| Multiple severe injuries including further losses | Most severe | Up to £150,000+ |
| Shoulder injury | 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 |
Can I Claim For Loss of Earnings Caused By Shoulder Injuries?
Yes, you could claim for loss of earnings. In addition to general damages, you could also be awarded special damages. This compensates you for any financial losses your injury has caused you, such as lost earnings if you needed time off work to recover.
Other financial losses you could claim for include:
- Medical expenses.
- Travel costs.
- Care costs.
All of these will need to be proved with evidence, such as wage slips and receipts.
To learn more about how compensation is calculated in personal injury claims, you can contact our advisors.
How Long Will It Take To Claim For A Dislocated Shoulder?
There is not set time frame for how long it will take for your personal injury claim to settle. Various factors could impact the length of your claim, such as:
- The severity of your injury.
- Have you recovered from the injury?
- What treatments have been or are still needed?
- Is the defendant admitting liability?
- Does your claim need to go to court or not?
Regardless of how long your claim may take, one of our solicitors could guide you every step of the way. Learn if you could work with one of them by contacting our advisors.
Contact Us For Free To See If You Can Claim Compensation For A Dislocated Shoulder
You can contact one of our friendly advisors to see whether you may have an eligible dislocated shoulder compensation claim. If you do, they could connect you with one of our specialist solicitors.
- Our solicitors have years of experience working on personal injury claims and could help you:
- Submit your claim within the time limit.
- Gather evidence on your behalf.
- Explain legal jargon.
- Negotiate your final settlement.
Furthermore, they can provide all these services to you on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
The benefits of claiming with one of our solicitors under this arrangement includes:
- Not having to pay for their services upfront.
- Nothing to pay as the claim progresses for the work they are providing.
- Not paying for any completed work should the claim be unsuccessful.
- Paying a success fee in the event of a successful claim. This fee is taken from your compensation as a legally limited percentage.
If you would like free advice or would like to chat with one of our expert advisors regarding your case, contact us using our contact details below:
- Phone us: 0800 073 8804
- Online: Contact us
- Live chat available
More Useful Resources About Claiming Personal Injury Compensation
- Learn about the other types of personal injury claims we could help you with:
- See how we could help you make an arm injury claim following an accident that was not your fault.
- Learn if you could make a compensation claim following a pavement accident.
Additional useful resources.
- Learn more about dislocated shoulder injuries from the NHS.
- See if you could be eligible for statutory sick pay from Gov.UK.
- Learn when to call 999 from the NHS.
Thank you for reading this guide on dislocated shoulder compensation claims.
