Shoulder Injury Claims Explained

Welcome to this complete guide on how to make shoulder injury claims. You will have been someone who has suffered a shoulder injury in an accident due to someone else’s negligence. You are also wondering how much compensation you could be entitled to.

Throughout this guide, we will discuss what a shoulder injury is and what can cause it. Additionally, we will discuss the potential compensation amounts you could receive and the evidence required to make a successful personal injury claim.

You can also contact our advisors with any questions you may have regarding your claim. They are available to help you 24 hours a day, 7 days a week.

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Shoulder injury claims guide

Choose A Section

Guidance On Making Shoulder Injury Claims
Calculating Compensation For An Injured Shoulder Claim
What Is A Shoulder Injury?
Shoulder Injury Claims- What Evidence Do You Need?
Reasons To Have A No Win No Fee Agreement
More Information On Making Shoulder Injury Claims

Guidance On Making Shoulder Injury Claims

Shoulder injuries can occur almost anywhere, in any type of accident. You could have injured your shoulder in an accident at work or in a slip, trip or fall in a public place. Alternatively, you may have injured it in a road traffic accident because of the negligence of another road user.

Depending on where your accident happened and the nature of it, the severity of your shoulder injury could vary. Minor shoulder injuries can include superficial bruising and soft tissue injuries. Serious shoulder injuries can include dislocation and damage to the brachial plexus, causing ongoing disability.

However, to make successful shoulder injury claims, you must prove that a third party with a duty of care to you breached this duty. Additionally, you must prove that because of their negligence, you were involved in an accident that left you injured.

You can contact one of our advisors for more information about making a personal injury claim.

Calculating Compensation For An Injured Shoulder Claim

In successful shoulder injury claims, compensation settlements can include general and special damages. General damages seek to compensate for the physical and mental suffering you have gone through due to your injury.

Based on the most recent edition of the Judicial College Guidelines (JCG), published in April 2022, we have included some compensation brackets in the table below. Please note that the following amounts should only be used as a guideline, as the amount you could receive will depend on specific factors to your case.

Injury	Severity/Notes	Amount
Shoulder Injuries	Severe- The person will have suffered a neck injury that has damaged the brachial plexus. This type of injury will cause significant neck and arm symptoms.	£19,200 - £48,030
Shoulder Injuries	Serious - The person will have a dislocated shoulder which will cause pain in the neck and shoulder, with aching in the elbow. Symptoms will include restricted shoulder movement and grip weakness.	£12,770 - £19,200
Shoulder Injuries	Moderate - The person will have a frozen shoulder that will cause discomfort and limitation of movement. Symptoms will persist for about 2 years.	£7,890 - £12,770
Shoulder Injuries	Minor (i) - Soft tissue injuries that will cause considerable pain but there will be a complete recovery in less than two years.	£4,350 - £7,890
Shoulder Injuries	Minor (ii) - Soft tissue injuries that will cause considerable pain, but there will be a complete recovery within a year.	£2,450 - £4,350
Shoulder Injuries	Minor (iii) - Soft tissue injuries that will cause considerable pain, but there will be a complete recovery within 3 months.	Up to £2,450
Shoulder Injuries	Fracture of Clavicle - The amount awarded will depend on the extent of the fracture, level of disability and symptoms.	£5,150 - £12,240
Injuries to the Elbow	Less Severe - The person’s injury will cause function impairment, but it will not need major surgery or lead to significant disability.	£15,650 - £32,010
Other Arm Injuries	(d) - The person will have simple fractures to the forearm.	£6,610 - £19,200
Neck Injuries	Moderate (iii) - The injury will have accelerated a pre-existing condition over a shorter period of time.	£7,890 - £13,740

Special damages are the second potential head of your claim. It aims to compensate you for the financial losses you’ve suffered due to your injury. For example, you have to take time off work due to your injury, which results in losing wages; you could claim these lost wages back in special damages. Remember to keep a record of these losses to be able to claim them back.

For a free valuation of your claim without any obligation to proceed with our services, speak with an advisor today. If you have a valid case and would like to proceed, you could be connected with a lawyer from our panel.

What Is A Shoulder Injury?

A shoulder injury can happen anywhere. For example, you may injure your shoulder in a workplace accident. The Health and Safety at Work etc. Act 1974 (HASAWA) states that all employers owe a duty of care to their employees.

If your employer were to breach their duty of care to you, it could result in an accident. For example, your employer may have failed to give you proper manual handling training and an accident occurred as a result. This results in you dislocating your shoulder as you attempt to lift a heavy load.

Alternatively, you may have suffered your injury in a public place like the park or on the street. The Occupiers’ Liability Act 1957 (OLA) is a piece of legislation that lays out the rules and obligations expected of the party in control of a public space. It states that they must ensure the space is safe for the public to use for its intended purpose.

If the party in control of a public space breached their duty of care, it could result in an accident. For example, there may be a pothole on the pavement, which the council have been made aware of. Despite previous accidents, they fail to fix this, resulting in you falling and injuring your shoulder on your way to work.

Perhaps you suffered your injury in a car accident. All road users are expected to follow The Highway Code and the Road Traffic Act 1998. They lay out the rules and obligations that all road users should adhere to to prevent accidents. This includes drivers, cyclists and pedestrians.

If someone breaches the duty of care that they owe on the road, this could lead to a serious accident. For example, another driver could fail to check to see if the junction is clear before pulling out. They crash into the side of your car, which results in you suffering from a fractured shoulder.

For advice regarding shoulder injury claims, contact our advisors today.

Shoulder Injury Claims- What Evidence Do You Need?

In the aftermath of an accident, there are additional steps you can take to ensure successful shoulder injury claims. For example:

Receive medical attention – Depending on the severity of your shoulder injury, you might want to go to A&E or book an appointment with your GP. Be sure to ask for a copy of your medical records, as it can be used as evidence in your claim.
Gather evidence – This can be anything from CCTV footage of the accident, eyewitness’ contact details, medical records, photographs of the accident etc.
Fill out an accident report book – This particular step is only relevant if your accident happened at work; all workplaces with 10 or more employees must have an accident book on site. It’s crucial that you fill one of these out if your workplace has one, as it can provide important details such as the nature and date of the accident. If you were injured in a public place, they may have an accident book, but there’s no legal requirement for them to do so.
Get legal advice – Following an accident, you may want to receive some legal advice regarding making a claim.

Our advisors can help you with any queries you may have. Contact them now for free legal advice. You could be connected with a lawyer from our panel if you have a valid case.

Reasons To Have A No Win No Fee Agreement

A No Win No Fee Agreement could benefit you if you would like to navigate the shoulder injury claims process with legal representation. Alternatively known as a Conditional Fee Agreement, many claimants decide to opt for this type of arrangement due to its benefits.

The advantages of this kind of agreement are as follows:

When starting your claim, there are no solicitor fees to pay.
During the process of your claim, there are no fees to pay.
If your case is successful, you will only pay your solicitor a small success fee from your compensation. (The amount they can take is capped by law.)
If your case isn’t successful, you are not required to cover your solicitor’s fees.

Contact our advisors today for more information on how our panel of solicitors could help you in a No Win No Fee agreement.

Get Advice On Making A Shoulder Injury Claim

Contact our team today if you still have any questions about making shoulder injury claims. Our advisors are available to help you 24 hours a day, 7 days a week, with any questions you may have.

Call us on the number at the top of this screen.
Interact with our Live-Chat pop-up.
Fill in our online contact form.

There is also no obligation to continue with a claim after your initial consultation with us.

More Information On Making Shoulder Injury Claims

Please find below some additional resources which you may find beneficial:

NHS: Dislocated shoulder.

Mind: A-Z Mental Health.

UK GOV: Statutory Sick Pay (SSP.)

If you have any more queries about shoulder injury claims, please get in touch.

Writer Megan Rush

Publisher Fern Stewart