If you suffer a frozen shoulder through no fault of your own, you could hold the appropriate third party liable depending if they have a responsibility towards your safety and subsequently failed to keep you safe. This guide discusses an example case study for an £18,000 compensation payout for a shoulder impingement injury.
Before reading on, remember that you can contact our advisors at any time. To get in touch, you can:
- Telephone us on 0800 408 7825
- Alternatively, use the Live Chat in the bottom corner of the page
- Or you can complete our online form
With that being said, click any of the headings below to visit a particular section.
Choose A Section
- A Guide To Calculate Shoulder Impingement Compensation Amounts
- What Is A Frozen Shoulder Injury?
- Financial Troubles From Shoulder Impingements
- Common Frozen Shoulder Accidents
- Receive Care Claim Amounts
- Compensation Estimates For Shoulder Impingements
- Case Study: £18,000 For A Frozen Shoulder
- Calculating Compensation Estimates
- No Win No Fee Terms
- Your Claim Should Use Quality Personal Injury Lawyers
- Speak With Us
- More Reading
This guide covers everything from identifying a frozen shoulder injury and the financial impact of such an injury to compensation calculators and No Win No Fee. The example case study itself details a scenario where someone suffers a frozen shoulder injury in the aftermath of an accident. And the end result is the victim receiving an £18,000 shoulder impingement compensation amount. Read ahead for the full story.
At this point, we want to mention the personal injury claims time limit. This means that:
- You have 3 years to claim after suffering a frozen shoulder – this can vary.
- A close relative or another appointed representative could be a litigation friend to process a claim on behalf of a child (someone below the age of 18) or someone lacking the mental capacity to claim.
- However, once the child turns 18 or if the victim regains their mental capabilities, they could then manage their own claim with the 3-year window in place if no claim has been previously made.
If you want to know more, you can speak to our specialist team at any point.
The official medical term for a frozen shoulder is adhesive capsulitis. It occurs when the tissue around your shoulder becomes inflamed. Typical symptoms include pain above and outside the shoulder especially when lifting the arm, an aching arm while sleeping and general arm weakness. For severe cases, though, surgery is a possibility, with the shoulder returning to normal after a few weeks.
It’s possible to suffer financial troubles after injuring your shoulder. You may have had to take unpaid sick leave during your rehabilitation, meaning lost earnings. Or perhaps the medical bills are coming out of your own pocket. Maybe professional care is adding a further strain on your bank balance. In the event, you claim for your shoulder impingement injury your compensation amount could cater for these expenses. Keep reading this guide as we’re covering general damages and special damages a little later on. In the meantime, though, you can contact our friendly team for further information about financial troubles.
If you’re claiming for a potential shoulder impingement compensation amount, a third party’s negligence would need to be the primary cause. You would have to prove that this third party owed you a duty of care, but a subsequent breach caused an accident which led to you suffering a frozen shoulder. Having evidence to prove your claims is vital, our advisors can review any evidence you have through a free consultation and inform you if you have a valid claim.
An injury to the arm or shoulder could ultimately lead to frozen shoulder. We have listed three areas in which an accident could happen. They include an accident at work, accidents in public places and road accidents. We have broken them down into further depth below:
- Employers’ liability (EL); employers have a duty of care towards their workforce under the Health and Safety at Work etc. Act 1974. Note that there were around 600,000 non-fatal injuries at work in 2018/9.
- Public liability (PL); operators of public spaces have a duty of care towards visitors under the Occupiers Liability Act 1957 to avoid anyone being injured in a public place. The fallout could potentially be either a public accident claim, a public injury claim or a public liability claim. Public liability insurance or the lack thereof could impact how the case is managed. A slip, trip or fall may result in a fractured arm with the symptoms of a frozen shoulder becoming noticeable during rehabilitation.
- Road traffic accidents (RTAs); road users have a duty of care for each other under the Highway Code. A crash could result in a frozen shoulder being one of multiple injuries suffered, which may lead to a multiple injury claim. In 2016 alone, 180,000 injuries were suffered due to a road incident.
Suffering an injury might mean that you require additional care. In line with this, you could file a care claim which would handle any further assistance resulting from your incapacity. It may include the likes of:
- Gracious care courtesy of family and friends
- The need to hire a professional nurse
- Commercial home care services such as babysitting, gardening and dog-walking
Sometimes, it could be difficult to put an exact value on care if you consider time and effort as key factors. But that’s what our advisors are here for. For more information on how a care claim may impact your shoulder impingement compensation amount, use our 24/7 Live Chat.
“How much is my shoulder injury claim worth?” That is a question you may be asking. But to receive that answer, you would first be sent for a medical assessment. The purpose of an independent evaluation is to determine how you suffered your injury and the extent of that damage on your livelihood. Only after that could you receive an accurate estimate for your potential shoulder impingement compensation amount. Personal injury lawyers would then calculate this figure in the form of general damages and special damages.
General damages spotlight the physical and psychological trauma of your shoulder injury. Along with pain and suffering, general damages would be covering the impact of the frozen shoulder on the ability to live your life.
As far as special damages are concerned, they focus on expenses incurred as a direct result of your injury. They may include:
- Lost earnings, both now and in the future
- Public transport expenses for hospital visits
- Medication costs
- Any professional physiotherapy
Call us on the number at the top of the page for any queries about general and special damages.
Mr Russenberg, 39, works at a warehouse for an international retailer. He lives alone near Birmingham city centre. Away from work, he enjoys going to the gym, watching films and attending live music concerts.
One evening, Mr Russenberg was on a shift at the warehouse. He was asked to assist a colleague in bringing a wardrobe through to the stockroom. When he got there, his colleague wasn’t present, but his manager asked him to try and move the wardrobe anyway. In doing so, Mr Russenberg felt a sharp pain in his shoulder. He continued working for the rest of his shift, but he remained in great pain by the end of the night.
After a couple of days to complete his weekly rota, Mr Russenberg was still in tremendous pain. His shoulder now felt weak and unable to move upwards to a great degree. This was also affecting his sleep, as his arm would continually bother him. Due to the increasing pain and suffering, Mr Russenberg went to his local hospital to get his shoulder checked out. After an examination, he was diagnosed with a minor rotator cuff tear. The doctor also suspected that he had developed frozen shoulder, which would turn out to be true after further evaluations.
For the first four weeks, he had to wear a sling. And as he lived alone, this necessitated the cost of a professional nurse providing assistance. After that, he had to undertake an intensive physiotherapy programme.
It was only after the four-month window had ended that Mr Russenberg could return to work in a full capacity. However, even after he resumed working, he still felt the symptoms of frozen shoulder. Additional check-ups determined that Mr Russenberg could potentially still be suffering symptoms of this for two years after the accident.
The situation left Mr Russenberg in great pain and very upset with his employers. They had made him lift a heavy item without any assistance, despite being told that a colleague would help him. And he was still dealing with the significant long-term impact of the damage, both physically and financially.
Mr Russenberg sought legal advice about the possibility of claiming for a shoulder impingement compensation payout. His legal representatives concluded that his employers had neglected their duty of care towards him under the terms of the Health and Safety at Work etc. Act 1974.
Therefore, Mr Russenberg filed a personal injury claim for his frozen shoulder against his employers. Though they initially disputed liability, they soon accepted responsibility, and a settlement was subsequently reached. Mr Russenberg received £18,000 as an out-of-court compensation payout. This included £11,000 in general damages and £7,000 in special damages.
|Type Of Special Damages
|Costs of lost earnings as a result of the injury
|Professional rehabilitation costs to ensure the full restrengthening of the impacted area
|Professional nursing care expenses
|Costs of medical care relating to his recovery
|Expenses of using public transport to & from the hospital
The case of Mr Russenberg is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
When calculating compensation estimates, we focus on your circumstances rather than using a potentially inaccurate online personal injury claims calculator. That’s because the factors unique to your situation are the primary reason for varying compensation figures covering similar accidents. Therefore, we aim to learn everything we can about your injury and your circumstances before providing you with an estimate. In addition, as a courtesy, the consultation we provide is absolutely free, and with no obligation to pursue your claim. Contact us today to receive an estimate for your own shoulder impingement compensation payout.
No Win No Fee provides reassurance for potential claimants. This helps if they’re worrying about the financial strain of hiring a solicitor for a potential shoulder impingement compensation amount. To explain working with a No Win No Fee solicitor in further detail:
- You won’t have to pay legal fees upon initial contact
- Plus you also don’t have to pay any legal costs during the case
- In fact, if your claim fails, you wouldn’t have to pay your solicitor’s fees.
- Now, if your case does succeed, your personal injury solicitor would then take a nominal amount (called a success fee and capped by law) to cover his or her legal costs
Please find out more by using our Live Chat below.
Where a personal injury lawyer is based shouldn’t be crucial when making a claim. That’s because locality may limit your choices, which could then reduce the quality of the service. Indeed, if you really want the very best personal injury lawyers, you should focus on other criteria. They would include favourable client reviews, a proven track record of success and credentials that stand out above the competition.
Our panel of solicitors offers a nationwide service which is client-focused. To make sure that your case for a shoulder impingement compensation amount is amongst the success stories, contact us today.
Our panel of personal injury solicitors is ready to handle your case. To initiate talks, though, you would firstly communicate with our advisors. So, to begin the conversation about potential shoulder impingement compensation amounts via a negligence claim, you can:
Keep in mind that we’re available to answer your questions 24 hours a day and 7 days a week. There would also be no obligation to proceed with your case even after contacting us for the first time.
After reading our guide about shoulder impingement compensation amounts, you may wish to learn more information. Therefore, we have several links below that provide you with further details on this topic.
For a full list of our legal services, you can click here.
Find out more about how you could injure your shoulder in a slip or a trip by clicking here.
Click here to read about claiming compensation after suffering an accident in a gym.
The official NHS guidance on frozen shoulder injuries can be found here.
Learn everything that you need to know about shoulder pain by clicking here.
You can click here to read the Occupiers’ Liability Act 1957 in full.
Article by AR