Shoulder Injury Claim Guide – How To Claim Compensation

Have you injured your shoulder in an accident? Are you interested in making a shoulder injury claim? In this guide, we will explain how you could injure your shoulder and the accidents which could lead to a claim.

We will touch upon the time limit for the claim and the evidence required to make a claim. Then, we’ll discuss how compensation is calculated and conclude by explaining how a No Win No Fee solicitor from our panel could help you. Finally, we will offer some additional resources.

Do you have any questions about personal injury claims? You may contact our advisory team who are ready to help. You can:

Jump To A Section or Browse Our Guide

  1. What Is A Shoulder Injury Claim?
  2. What Types Of Accidents Can Lead To A Shoulder Injury Claim?
  3. How Long Do I Have To Make A Claim For Shoulder Injuries?
  4. What Do I Need To Prove My Shoulder Injury Was Caused By Negligence?
  5. Shoulder Injury Damages And Compensation Payouts
  6. Make A Shoulder Injury Claim On A No Win No Fee Basis
  7. More Useful Resources About Making A Personal Injury Claim

What Is A Shoulder Injury Claim? 

There are many ways you could injure your shoulder and make a compensation claim. In order to have an eligible shoulder injury claim, you’ll have to prove the following:

  • The defendant owed a duty of care towards you.
  • There was a breach of this duty.
  • You suffered a shoulder injury as a result of the breach.

You might wonder when you are owed a duty of care. This can be in many different areas as you go about your day. Here are three types of accidents that could lead to a claim:

  • Accident at Work- Your employer owes a duty of care to take reasonable steps to ensure your safety and welfare at work. This duty has explicitly been laid down under the Health and Safety at Work etc. Act, 1974. 
  • Road Traffic Accident- All road users owe a duty of care towards each other to ensure that they use their vehicles in a manner that does not cause harm. To meet this duty, they have to follow rules set out in the Highway Code and the Road Traffic Act 1988.
  • Accidents in a Public Place- In public places like shops, parks and playgrounds, the controller (or occupier) of the public place owes a duty of care towards visitors. The owner could either be an individual owner of a business or an authority like the local council. Their duty of care is to take reasonable steps to ensure the safety of the visitors as set out in the Occupiers’ Liability Act 1957.

However you have hurt your shoulder, if you think it is the fault of a third party, then you can contact us for a free case assessment. There is nothing to lose as there is no obligation. Why not call an advisor to see if you can claim?

What Are Common Types Of Injuries To Shoulders?

Here are some common shoulder injuries that can occur.

  • Frozen shoulder- an inflammation which severely restricts movement and causes extreme pain and stiffness.
  • Strains and sprains
  • Shoulder dislocation- The ball joint of the upper arm gets disjointed from the shoulder socket.
  • Damage to ligaments or tendons.
  • Nerve damage to the brachial plexus.
  • Broken collarbone and injuries to the upper arm.
  • Rotator cuff tears.

Interested in knowing when you can make a manual handling injury claim? Contact our advisory team for more information.

What Types Of Accidents Can Lead To A Shoulder Injury Claim? 

You wouldn’t be able to claim compensation for shoulder injuries which occurred due to natural causes. But the following instances could constitute a valid shoulder injury claim:

  • Broken shoulder bones as a result of being involved in a car accident as a pedestrian.
  • Chronic shoulder pain due to a whiplash injury in a road accident.
  • Dislocated shoulder due to a car not stopping at a giveway junction and knocking a cyclist from their bike.
  • A manual handling task is not risk-assessed, and a worker injures their shoulder as they lift something too heavy over their shoulder.
  • Poorly constructed scaffolding is not inspected before use, and a worker falls from height, landing on their shoulder.
  • Any injury to the shoulder due to slipping on a spillage floor at a supermarket. A staff member had seen the spillage but failed to clean it up or place down a warning sign.

These are only examples and there are many ways your shoulder could become injured and that this results in a personal injury claim. To talk about your individual circumstances, please get in touch with an advisor.

How Long Do I Have To Make A Claim For Shoulder Injuries?

According to the Limitation Act of 1980, you have up to 3 years to make shoulder injury claims.  The time limit applies from the date of the shoulder injury. However, there are certain exceptions when this time limit wouldn’t apply-

  • For Children- In this case, the time limit only applies once the child turns 18. After that, the child has to start a shoulder injury claim before turning 21. However, their parents, guardians or other suitable adult could make a claim on their behalf as a litigation friend before their 18th birthday.
  • For those with diminished mental capacity- The time frame is paused in this instance as the person does not have the capacity to start a case. A loved one could apply to become their litigation friend to start a claim for them. However, if and when the individual regains their mental capacity to make a claim, the limitation period shall apply, and they will have three years from that point to start their case.

Wondering how to claim with a litigation friend? Contact our team for guidance.

What Do I Need To Prove My Shoulder Injury Was Caused By Negligence? 

In order to make a strong shoulder injury claim, it is necessary to compile evidence. Here is a list of the evidence which could be useful to back up your claim:

  • Medical evidence such as X-rays and prescriptions to highlight the seriousness of the injury.
  • Contact details of any witnesses to the accident which caused the shoulder injury.
  • Photographs of your injury and the site of the accident, if applicable.
  • Receipts and invoices of any financial expenditure due to the injury.
  • CCTV footage to demonstrate how the injury occurred.

Wondering if you get full pay if you get injured at work? Contact our team to get an answer.

Shoulder Injury Damages And Compensation Payouts

You may be able to claim the following kinds of compensation for your shoulder injury-

  • General Damages- These are the damages which are awarded for the physical and psychological damages suffered by you.
  • Special Damages- These are the damages which are awarded for the financial losses suffered due to the injury.

You may be invited to appear for an independent medical examination to assess the general damages you could claim. The findings of this examination could be supplemented by the Judicial College guidelines (JCG). These guidelines provide a list of injuries and the range of damages that could be awarded for them. Some of the figures have been replicated in the table below. It is important to note that these are just guidelines, and the first row hasn’t been taken from the JCG.

InjurySeverityCompensation Guidelines
Multiple Severe Injuries and Special DamagesVery SeriousUp to £250,000+
Neck InjurySevere (ii)£80,240 to £159,770
Shoulder InjurySevere£23,430 to £58,610
Shoulder InjurySerious£15,580 to £23,430
Shoulder InjuryModerate£9,630 to £15,580
Shoulder InjuryMinor (i)£5,310 to £9,630
Shoulder InjuryMinor (ii)£2,990 to £5,310
Shoulder InjuryMinor (iii)Up to £2,990

Can I Claim Shoulder Injury Compensation For Financial Losses?

As mentioned above, you might be able to claim special damages, which include the following-

  • Medical Treatment- This includes the expenses incurred for treatment, medications and even travel expenses to commute for doctor’s appointments.
  • Loss of Earnings- You could prove that you were unable to return to work or had to take a few days off. 
  • Caring Expenses due to a resultant disability and any alterations made to your home or vehicle.
  • Any support required by you to go back to work.

Still confused about how much compensation you could claim? Contact our team and we will guide you on how compensation payouts are calculated.

Make A Shoulder Injury Claim On A No Win No Fee Basis

If you have an eligible shoulder injury compensation claim, you may benefit from the assistance of a personal injury solicitor. They would help you to collect and organise evidence as well as provide advice about your claim.

You can have a free initial consultation with our advisory team. If your claim is deemed eligible, you could be connected to our panel of solicitors. You wouldn’t have to pay them any upfront solicitor fees since they offer No Win No Fee services. They operate under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.

Under a CFA, you will only be charged solicitor’s fees if your claim is successful. This is called a success fee, which will be mentioned in your No Win No Fee agreement. The success fee is taken from a proportion of the compensation and is capped by law. If your claim is unsuccessful, there will be no solicitor’s fees to pay.

Interested in speaking to a No Win No Fee solicitor from our panel? You can contact us by:

A lawyer giving information on shoulder injury claim.

More Useful Resources About Making A Personal Injury Claim

Thank you for reading our guide on making a shoulder injury claim. Here are some more guides from our website which may be helpful:

Here are some external guides which you may find relevant: