By Richie Billings. Last Updated 29th January 2024. Are you looking for more information about getting compensation for a dislocated shoulder caused by another party’s negligence? Perhaps you’re looking to know how the claims process works or how much you could be eligible to receive. This guide could help you.
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If you’re interested in making a claim, you can speak to our advisors today. They give free legal advice and could connect you with our panel of personal injury solicitors if you have a valid, strong claim. You can get in touch with us by:
- Calling us on 0800 408 7825
- Using the live chat function located at the bottom-right of this page
- Contacting us directly through the website
For more general information about dislocated shoulder compensation or claiming a payout for a rotator cuff injury, please continue reading this guide.
A guide to seeking dislocated shoulder compensation
Select A Section
- What Is A Dislocated Shoulder?
- When Could You Claim For A Shoulder Injury?
- How Could A Shoulder Dislocation Occur?
- How Evidence Can Help Your Dislocated Shoulder Compensation Claim
- Dislocated Shoulder Compensation Calculator
- Get Help With A Specialist No Win No Fee Lawyer
- Related Shoulder And Arm Injury Claims
What Is A Dislocated Shoulder?
A dislocated shoulder is an injury where your upper arm bone falls out of position with your shoulder socket. The shoulder has what is informally known as a ball and socket joint. This allows for movement of the arm.
However, the joint connecting the arm and the shoulder is shallow, which means that dislocations are not unlikely to happen.
You could be able to identify a dislocated shoulder in the following ways:
- You can’t move your arm and it’s very painful
- Your shoulder looks square instead of round
- There’s a lump under the skin in front of the shoulder
If you believe you have sustained a dislocated shoulder, it is always wise to speak to a medical professional. Your doctor can recommend an appropriate course of treatment for your injury.
When Could You Claim For A Shoulder Injury?
Dislocated shoulders can occur as a result of an accident such as a heavy fall. The NHS underlines that this can happen as a result of contact sports. However, this type of injury could be sustained in the workplace, in a public space, or on the roads.
Road Traffic Accidents
Under The Highway Code, road users owe each other a duty of care. For example, motorists should use the roads with the standard care and skill of the average motorist.
If they breach this duty of care, by speeding for example, it could result in an accident and injuries. When this happens, the victim could claim.
Accident At Work
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. They should ensure they take reasonable measures to protect the health, safety and welfare of their employees. If their negligence causes an employee injury, the employee could claim.
Accident In A Public Place
Under the Occupiers’ Liability Act 1957, those who have control or own places that are accessible to the public should ensure they’re safe for visitors. Failing to reasonably reduce or remove hazards, for example, could cause an injury. If this happens, the injured person could claim.
It is also possible to sustain a dislocated shoulder as part of a slip and trip accident, as part of a manual handling incident, or an accident on a public road. In these cases, we see some element of high-impact trauma causing the dislocated shoulder.
If you know you have sustained a dislocated shoulder due to someone else’s negligence, you may be interested in finding out about the amount of compensation for dislocated shoulder injuries. Our advisors can value your potential claim for free.
How Could A Shoulder Dislocation Occur?
There are many ways that a shoulder dislocation could occur, ranging from an accident at work to a road traffic accident. Some examples of how you could suffer a shoulder dislocation include:
- You could suffer a dislocated shoulder if your employer asks you to repeatedly lift heavy loads without providing proper training or equipment, such as a palette truck.
- A car accident could cause a dislocated shoulder if another driver drove into the passenger side of your car, causing the door of the car to impact with your shoulder and forcing the joint out of place.
- If you tripped over an uneven or loose paving stone and fell, the impact of hitting the ground could cause your shoulder to dislocate.
These are only a few examples of how a shoulder dislocation could occur. To learn more about claiming dislocated shoulder compensation, or to find out if you could be eligible to claim, get in touch with our team of advisors today.
How Evidence Can Help Your Dislocated Shoulder Compensation Claim
An essential step when making a personal injury claim is collecting evidence. Evidence can help prove a number of areas of your claim, such as who is responsible for your dislocated shoulder, how the accident occurred, and how your shoulder injury will affect you going forwards.
Some examples of evidence that you could use to support your claim include:
- CCTV footage: If your shoulder injury was caught on camera, you may be able to request this footage and use it as evidence in your claim.
- Photographs: Taking photographs of either the injury or of the accident site can help prove how severe it is and how it occurred.
- Medical records: Your medical records could detail the severity of your shoulder injury, as well as the treatment you will need going forwards.
- Witness statements: If you take the contact details of those who witnessed your accident, they may then be able to give a statement to a professional at a later date.
These are only a few examples of evidence that could help with your shoulder injury claim. If you choose to work with a specialist solicitor, they could help you gather this evidence. Contact our team of advisors today to learn more about making a compensation claim, or read on to find out how much compensation you could receive.
Dislocated Shoulder Compensation Calculator
You might be wondering how much compensation you could receive if your shoulder injury claim were to succeed. There are two heads of claim that you could pursue: these are general damages, and special damages.
All successful claims result in general damages. This head of claim covers the pain and suffering caused by your shoulder injuries.
Those who value this head of your claim may refer to the Judicial College Guidelines (JCG) for help. The JCG contains a list of guideline compensation brackets that correspond with different injuries at a variety of severities. In the table below, we have included some examples of these entries as they relate to shoulder injuries.
Please note that these figures are guidelines only, and not guaranteed. The first figure in this table has not been taken from the JCG.
Guideline Compensation Brackets
| Injury | Severity | Nature of Incident | Possible Compensation |
|---|---|---|---|
| Multiple Severe Injuries And Special Damages | Severe | Multiple severe injuries and also severe financial losses, such as lost earnings and the cost of physical therapy. | Up to £60,000+ |
| Injury to the Shoulder | (a) Severe | Will involve dislocation but also factors in neck injuries as well as brachial plexus damage. | £19,200 to £48,030 |
| Injury to the Shoulder | (b) Serious | Will involve dislocation as well as damage to the lower brachial plexus. | £12,770 to £19,200 |
| Injury to the Shoulder | (c) Moderate | Will involve a limitation on movement as well as a frozen shoulder. Any injuries incurred in this bracket can persist for about two years but should not be permanent. | £7,890 to £12,770 |
| Injury to the Shoulder | (d) Minor (i) | Will involve soft tissue injuries with considerable pain but near full recovery. This bracket allows for complications that may occur. recovery is in less than 2 years. | £4,350 to £7,890 |
| Injury to the Shoulder | (d) (ii) Minor | As above, but recovering in 1 year. | £2,450 to £4,350 |
Special Damages
The second head of claim, special damages, covers the financial losses you endured as a result of your injuries. For example, if your job requires a lot of physical movement, you may need to take time off to recover. In this case, you may be able to claim back any lost earnings under special damages.
Other expenses you could claim back under this heading could include the cost of:
- Prescriptions.
- Physical therapy.
- Travel.
- Childcare.
- Medical expenses.
- Help with housekeeping.
In order to claim under this heading, you need to be able to provide proof of your losses. Because of this, it can be helpful to keep any receipts, bills, or invoices related to your expenses.
To find out if you could be eligible to make a shoulder injury compensation claim, contact our team of advisors today.
Get Help With A Specialist No Win No Fee Lawyer
Now that you know more about how to claim dislocated shoulder compensation, you might be interested in seeking legal representation. Working with a solicitor on your claim can come with many benefits; for example, they can help you gather evidence, ensure your claim is filed in full and on time, and help you negotiate a settlement.
Plus, our panel of solicitors work on a No Win no Fee basis, and could offer to help you through a Conditional Fee Agreement (CFA). When you choose to work with a solicitor under a CFA, you won’t be asked to pay them any upfront or ongoing fees for their services. Likewise, should your claim fail, you won’t be asked to pay for their work on the case.
You’ll only pay a success fee to your solicitor if your claim succeeds. They’ll take this fee straight from your compensation as a percentage, though this percentage is capped by legislation.
Contact Us
To find out if a solicitor from our panel could help you, contact our team of helpful advisors today. They can evaluate your claim for free, and could potentially connect you with a solicitor on our panel. Get started with your claim by:
- Calling us on 0800 408 7825
- Using the live chat function located at the bottom-right of this page
- Contacting us directly through the website
Related Shoulder And Arm Injury Claims
Below, we have included sources that could be of use to you.
- Frozen Shoulder Compensation Case Study Guide
- Public Pavement and Road Defect Accident Claim Guide
- Public Cycle Path Accident Claims Guide
External Resources
If you have any more questions about dislocated shoulder compensation, why not get in touch?
Article by EC
Publisher UI