Shoulder Injury Claims
A shoulder injury can impact your life in many debilitating ways. From continuous aches and pains to more severe forms of suffering, shoulder injuries can change your life and render you unable to perform tasks that you could previously take on.
If you have suffered a shoulder injury as a result of an accident or incident that wasn’t your fault, you may be entitled to make a shoulder injury claim, and you may be entitled to a payout to help boost your quality of living.
While no amount of monetary value can ever truly make up for the level of suffering you endure, compensation can go some way towards helping with everyday life after a shoulder injury incident.
When Am I Entitled To Make A Claim?
Technically speaking, you are eligible to claim if you suffered a shoulder injury due to someone else’s negligence. Breaking it down further, you have to prove that:
- The defendant had a duty of care towards you.
- That duty was breached through negligence, causing an accident.
- You suffered a shoulder injury as a direct result of that accident.
Your solicitor will establish a duty of care by referring to legislation such as the Health and Safety at Work Act 1974, the Occupiers’ Liability Act 1957, and other relevant laws. You won’t need to worry about this part, but you can strengthen your shoulder injury claim by gathering supporting evidence, which we’ll cover in more detail later.
If you are ever unsure about your eligibility to claim, you should consult with a No Win, No Fee Solicitor (like us). They can offer guidance and indicate whether your claim is likely to be a success when all aspects (such as evidence and severity of injury) are considered.
Common Causes of Shoulder Injuries
Many different circumstances can result in a shoulder injury. Shoulder injuries that happen as a result of natural causes, or that can be seen as self-inflicted, can’t be claimed for. Scenarios where you might be able to claim include:
Work Accidents
One of the most common causes of shoulder injuries is work-related accidents. Workplaces (particularly warehouses and factories) are a hotbed for potential accidents, and you may be able to claim if your employer can be proven to be at fault for the injury.
Motorbike Accidents
Motorbike accidents can result in numerous injuries, and one of the most common (comparatively minor) consequences is a shoulder injury. After all, your shoulder is one of the parts of the body that’s most likely to break your fall. If the accident isn’t your fault, you may have grounds for a claim.
Whiplash
While we’re on the topic of accidents, if your shoulder injury is a result of whiplash, then you may be able to claim if you can prove the other party was negligent.
Trips, Falls, and Slips
Trips, falls, and slips are very common, and they can cause all manner of injuries, including shoulder injuries. Slips and falls can occur in all manner of scenarios, such as at work or on holiday. Regardless, if the accident wasn’t your fault, you could make a claim.
Cycling Accidents
Similar to motorbike incidents, cycling accidents can result in shoulder injuries.
Supermarket Accidents
Supermarkets may seem like odd places to pick up a shoulder injury. However, how often have you heard about people slipping on a spillage and hurting themselves? As such, supermarkets are surprisingly “common” places to hurt your shoulder.
Repetitive Movements and Injuries
Carrying out the same action repeatedly (particularly strenuous shoulder movements) can lead to injury over time. If this repetitive strain is linked to negligence (such as an employer failing to assess how a task is performed or neglecting their duty of care), you may have grounds to make a claim.
Shoulder Injury Claim Payout Guide
A shoulder injury claim payout depends on the injury severity and impact, with guidelines showing that minor injuries (recovering in under a year) might pay out roughly £2,000-£4,000, while serious injuries with lasting disabilities or surgical needs could receive a compensation payout of around £15,000 to £30,000 (sometimes even more).
Time Limits To Make A Claim
In most cases, you have three years from the date of the accident to start a shoulder injury claim. This is known as the limitation period. However, the clock doesn’t always begin ticking right away. If your injury or its link to negligence only becomes clear later (e.g. when you receive a medical diagnosis), the three-year period can instead run from this later “date of knowledge.” Acting as soon as possible is always recommended, as early advice and evidence gathering can greatly strengthen your claim.
FAQs
Can I claim for a shoulder injury at work?
Yes. If your employer’s negligence led to your injury, such as failing to provide safe equipment, training, or a safe working environment, you may be able to claim.
What if my shoulder injury developed over time, not in a single accident?
You can still claim if the injury is due to repetitive strain or long-term negligence, such as unsafe working practices. The key is proving that negligence has contributed to your condition.
Can I make a claim if I was partly at fault?
Yes. Even if you were partially responsible, you may still be entitled to compensation, although the payout may be reduced to reflect shared responsibility.
Do I need to go to court for a shoulder injury claim?
Most personal injury claims are settled out of court. You will only need to attend court if liability or the level of compensation is disputed.