If you have suffered a shoulder injury in an accident which was not your fault you could be eligible to make a shoulder injury claim. If you are, you may wonder how much compensation you could claim. In this guide we look at how shoulder injury compensation payouts in the UK may be calculated.
We start by looking at the criteria personal injury claims must meet. Then, we break down how compensation settlements may be calculated. Next, you can find information on common causes of shoulder injuries as well as types of injury you could sustain. Later in this guide, we cover the claims process looking at how a specialist No Win No Fee solicitor from our panel could help you.
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Browse Our Guide
- Am I Eligible To Claim Compensation For A Shoulder Injury?
- Average Shoulder Injury Compensation Payouts
- Common Causes Of Shoulder Injuries
- Types Of Injuries You Can Claim For
- How To Start A Shoulder Injury Claim
- How Long It Can Take To Receive Compensation
- How Our Panel Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Claim Compensation For A Shoulder Injury?
In order to make any type of claim for a shoulder injury you must be able to show that your accident and subsequent injuries were caused by someone else’s negligence. Whilst different legislation may be applicable in different types of claim, there are general criteria which all claims must meet. These are that:
- Another party had a duty of care to you.
- They were in breach of this duty.
- You suffered a shoulder injury as a result of this.
- You are within the personal injury claim time limit.
Next, we look at the legislation which applies to each type of injury claim.
Road Accidents
Every road user has a duty of care. They must follow the Highway Code and The Road Traffic Act 1988 complying with legislation, rules and guidelines. They should use the road in a way which ensures the safety of others.
Examples could include:
- A driver could fail to pay due care and attention when approaching a junction. If they fail to slow down and stop, the impact of striking you from behind could cause shoulder injuries such as torn ligaments and a broken collarbone.
- A distracted driver may fail to check their mirrors or signal whilst changing lanes on a motorway, colliding with your vehicle.
Workplace Accidents
Employers have a responsibility to look after your health and safety whilst you are at work. This duty is set out through legislation such as the Health and Safety at Work etc Act 1974. They should take reasonable steps to ensure they meet these obligations.
Examples of how an accident at work could cause a shoulder injury may include:
- Where you were not given proper manual handling training in how to lift and move items. Your employer asked you to lift an item which was too heavy for you to carry. You could suffer shoulder and back injuries doing so.
- Where you were asked to place a heavy item on a high shelf without either assistance or equipment, doing so could cause a rotator cuff tear.
Public Accidents
Under the Occupiers’ Liability Act 1957, the party in control of a public space is known as the occupier. They have a duty to ensure that those using the space are kept safe, taking reasonable steps to do so.
Please contact our team to learn more about when you could make a shoulder injury claim.
Average Shoulder Injury Compensation Payouts
Having looked at when you could make a shoulder injury claim, we will look at how shoulder injury compensation payouts in the UK may be calculated.
The first thing we should note is that there is not an ‘average’ shoulder injury compensation payout. This is because every claim is unique. The circumstances of the accident and the type of injury sustained may differ. This is why each case is assessed on its own merits.
This means that we can not say how much you could be eligible to claim before we know the details of your claim.
How Shoulder Injury Claims Are Calculated
Once a solicitor from our panel has the details of your case they could begin to assess what you could be owed.
In most cases you may be able to claim general damages for your shoulder injury itself and special damages for the wider economic impact of the injury. If you choose to claim with a solicitor from our panel they may assess your injuries, comparing those listed in your medical records with types of shoulder injury listed in the Judicial College Guidelines. This contains a list of different types of injury and compensation for them.
The following table contains figures from the JCG, apart from the first row which illustrates general and special damages combined.
| Type Of Shoulder Injury | Severity | Damages |
|---|---|---|
| Multiple, serious types of shoulder injury. | Serious through to severe injuries. | Up to £200,000 including special damages. |
| Shoulder injury | Severe (A) | £23,430 to £58,610 |
| Shoulder injury | Serious (B) | £15,580 to £23,430 |
| Shoulder injury | Moderate (C) | £9,630 to £15,580 |
| Shoulder injury | Minor (D) (i) | £5,310 to £9,630 |
| Shoulder injury | Minor (D) (ii) | £2,990 to £5,310 |
| Shoulder injury | Minor (D) (iii) | Up to £2,990 |
| Shoulder Injury | Fractured clavicle (E) | £6,280 to £14,940 |
Will I Get More Compensation For A Shoulder Injury That Requires Surgery?
Compensation for a shoulder injury requiring surgery may be higher than that for an injury which does not. Whether this is the case may depend on the type of injury sustained, the impact it has had (and will have) on the claimant and the prognosis for recovery.
As seen in the table above compensation amounts may differ depending on the type of injury sustained and how serious it was.
Claiming Special Damages
If you are awarded general damages you could also be entitled to claim special damages. These compensate you for expenses and losses caused by your injury. For example, you could claim for the cost of medical care, physiotherapy or help around the house. Further expenses may include the cost of getting to a medical appointment.
You could also claim for loss of earnings and other out of pocket expenses related to your accident. You must provide evidence when claiming compensation for these losses.
Common Causes Of Shoulder Injuries
There are a variety of different ways in which you could suffer a shoulder injury. You could be injured in a road traffic accident, whilst at work or when in a public place.
Types of accidents could include:
- Slips, trips and falls. Falling onto an outstretched arm could cause an injury.
- Motorcycle crashes and accidents.
- Cycling pothole accidents.
- A car crash.
- Manual handling accidents
These are just some examples of accidents in which you could suffer shoulder injuries. Please get in touch with our team if you have been affected by these or any other accident where someone else was at fault.
Types Of Injuries You Can Claim For
Common shoulder injuries which you could claim for may include:
- Broken and fractured bones, such as a proximal humerus fracture.
- Rotator cuff injuries, such as a rotator cuff tear.
- Bursitis.
- Ligament and tendon injuries.
- Acromioclavicular (AC) joint injuries
- Frozen Shoulder
- Dislocated Shoulder
Please contact our team for more information on how shoulder injury compensation payouts UK may be calculated.
How To Start A Shoulder Injury Claim
The first step you should take before starting a shoulder injury compensation claim is to seek medical attention. It is important that you get any medical care you need. This ensures that your injury is taken care of and begins the important process of collecting evidence.
It is crucial that you are able to provide evidence of who was responsible for your accident, what happened and what shoulder injury you sustained.
Examples of evidence you could collect (in addition to your medical records and that supporting special damages claims) may include:
- CCTV or photographs of the accident scene.
- Photos of any visible injury.
- Details of anyone who witnessed the accident.
A solicitor from our panel could help to explain the personal injury claims process and gather evidence to support your case.
How Long It Can Take To Receive Compensation
There is not a set time for your shoulder injury claim to be concluded. A variety of different factors
- The type of accident you were injured in.
- The type of injury you sustained.
- How long your recovery time takes and whether you have recovered at the time of your claim.
- How long it takes to collect proof to support your claim.
- Whether the defendant admits their liability for your accident.
One of our panel of personal injury solicitors could help guide you through the shoulder injury claims process.
How Our Panel Of Solicitors Can Help You Claim
One of our panel of personal injury lawyers could help with your shoulder injury claim. We recognise that one of the main concerns people have about taking legal action is the potential cost of doing so. This is why the solicitors and lawyers who make up our panel may be able to take on your case using a Conditional Fee Agreement (CFA).
A CFA is a type of contract between a claimant and solicitor. It enables the solicitor to provide their services without the claimant having to make any payments in advance or whilst the claim is underway for the solicitors services.
Additionally, under a CFA there are no solicitors fees payable if the claim is not successful. Instead, if you win your shoulder injury compensation claim, your solicitor will charge a success fee. This fee is calculated as a percentage of your compensation. It will be deducted automatically by your solicitor and the maximum percentage which may be charged is legally limited.
Get in touch with our team for more information on how to claim for a shoulder injury.
- Phone one of our advisors on 0800 408 7825
- Use our form to contact us.
Or you can talk to us about your accident using our online live chat. However you choose to get in touch with our team, we’re here to help you.
More Information
In these guides you can find out more about when you could claim for injuries caused by someone else’s negligence.
- If you have had a car crash on the motorway, learn more about claiming compensation here.
- Check how to claim if a gym machine malfunctioned in our guide.
- Learn more about slip, trip and fall claims in our guide.
You can find further help in these external resources.
- Find information from the NHS on rotator cuff related shoulder pain in this guide.
- Read more about Statutory Sick Pay in this government resource.
- Information on upper limb disorders from the Health and Safety Executive (HSE).
We hope that our guide has shown how shoulder injury compensation payouts in the UK may be calculated. For further information on how we could help you, please contact our team.
