By Stephen Taylor. Last updated 24th October 2024. In this guide, we’ll look at how to use a shoulder injury compensation calculator to value your claim. If you’ve sustained an injury to your shoulder in an accident caused by third party negligence, you could be entitled to make a personal injury claim for compensation.
Shoulder injuries can be painful. Furthermore, a shoulder injury may affect how you’re able to use your arm. It might stop you from working if you need mobility in your arm to do your job and in some cases can have permanent effects.
This guide will:
- Look at how a compensation calculator could help you value your claim.
- Give examples of how shoulder injuries could occur as a result of negligence.
- Highlight how a No Win No Fee agreement could be beneficial to you in funding legal representation for your claim.
Our panel of advisors offer free legal advice and are available 24/7, so you can call them at a time that works for you. Contact them today using 0800 408 7826. Alternatively, please read on if you’d like more information on how to use our compensation payout calculator.
Jump To A Section
- What Is A Shoulder Injury?
- What Things Can You Claim For After A Shoulder Injury?
- Common Types Of Shoulder Injuries
- Shoulder Injury Compensation Calculator – Time Limit For Cases
- How To Use A Shoulder Injury Compensation Calculator
- Shoulder Injury Compensation Payouts
- No Win No Fee Claim Agreements For A Shoulder Injury
- Resources And Case Studies
What Is A Shoulder Injury?
Shoulder pain can range in severity from being a slight nuisance to a serious ongoing problem. According to the NHS, shoulder pain can be caused by a number of different conditions. These include:
- Frozen shoulder: Where your shoulder is stiff and painful for months, sometimes years. It can be caused by inflammation in the tissue around the shoulder joint. This might happen if you’ve been injured in a way that stops you from moving your shoulder.
- Dislocated shoulder: Where your upper arm pops out of your shoulder socket. It can take 12 to 16 weeks to heal after it’s been placed back in its original position.
- Tendonitis: When the tendon in the shoulder is inflamed, meaning that your shoulder is painful and difficult to move.
All of these injuries can be painful and cause discomfort. As a result, you might not be able to undertake the leisure activities you usually do for enjoyment. For example, undertaking sports or working. This could cause a loss of enjoyment or impact on your earnings.
For more information on the kinds of shoulder injuries you could claim for, why not speak to an advisor on our team today? You could be connected with a No Win No Fee solicitor from our panel if you have a valid case.
What Things Can You Claim For After A Shoulder Injury?
There are two potential heads of a personal injury claim. We refer to these as general damages and special damages.
General damages are designed to compensate you for the physical and psychological pain and suffering caused by the injury. Special damages, meanwhile, are supposed to compensate you for any financial losses caused by the injury.
Special damages can compensate you for costs and losses like:
- Loss of earnings, both current and future
- Prescriptions and medicine
- Travel costs
- Recreational activities that you’re no longer able to attend
To find out how much your claim could be worth, you can get a free, no-obligation assessment of your case. Just give an advisor from our team a call; they’re available 24/7.
Common Types Of Shoulder Injuries
A shoulder injury can happen in a number of different ways and can be a difficult injury to cope with. In extreme circumstances, there could be permanent damage to the shoulder joint that could impact your mobility and cause you pain, stiffness and discomfort.
This section outlines some of the circumstances in which you could sustain a shoulder injury as a result of a breach of duty of care. A shoulder injury in one of these scenarios could entitle you to claim compensation.
Breaks and fractures caused by a road traffic accident
All road users have a duty of care to one another. Drivers are expected to conduct themselves with the level of skill and care of the average road user. If they fail to do so, this could cause a car accident.
The Highway Code is a document containing guidance and instructions on how road users can act in a way that ensures the safety of others. If you’re injured because another road user breached the duty of care set out in the Highway Code, you may be able to claim.
Examples of incidents on the road that could cause a fractured shoulder could include:
- Another driver failed to look before emerging from a junction, causing them to hit the side of your car.
- While you’re cycling, a car swerves into the cycle lane. This knocks you from your bike and you dislocate your shoulder as you fall.
- A car runs a red light and hits you as you’re walking across the road.
Sprains and strains caused by manual handling accidents
Manual handling involves lifting, moving or holding objects. Some job roles, particularly in industries like construction, manufacturing and agriculture, might require you to do a lot of lifting and carrying as part of your role.
While you’re at work, your employer has a duty of care towards you. This is set out in the Health and Safety at Work etc. Act 1974. Their duty of care means that they need to take all reasonably practicable steps to ensure your safety in the workplace. Part of their duty of care includes providing proper training and supervision for certain roles.
Examples of how you could injure your shoulder in a manual handling accident at work include:
- Being told unsafe lifting techniques, leading to you dislocating your shoulder as you try to lift a load
- Being asked to lift something that is too heavy. This could cause you to strain your shoulder
- Slipping and falling as you carry something because the floor surface isn’t suitable and is too slippery
Being struck by a moving object
You could injure your shoulder if you were struck by a moving object. And if the accident that caused you to be injured was caused by the negligence of someone who had a duty of care towards you, then you may be able to claim.
As well as being owed a duty of care in work and on the road, you’re owed a duty of care by the person or party in control of a public space. They’re referred to as the “occupier”, and their duty of care is outlined in the Occupiers’ Liability Act 1957.
Examples of how third-party negligence could cause your shoulder to be injured by a moving object include:
- While at work, an object falls off a conveyor belt and strikes you because of a mechanical failure.
- You’re at a supermarket, and the brakes are not put on a roll cage. As a result, it rolls towards you and hits you, fracturing your shoulder.
Being struck by a falling object
As well as moving objects, falling objects can also cause injury. And if the accident was caused by third-party negligence, you may be able to claim.
Examples of this include:
- A shelving unit is improperly stacked, with the heaviest items to the top instead of at the bottom. Because of this, they fall off the shelf and onto you, injuring your shoulder.
- A crane malfunctions, meaning that the load it’s carrying is dropped on your shoulder.
Shoulder Injury Compensation Calculator – Time Limit For Cases
It is important to remember that you only have a certain amount of time to start your shoulder injury claim. The Limitation Act 1980 outlines what these time limits are. Generally, you have 3 years from the date of the accident to start your claim or 3 years to start your claim from the date of knowledge. This can be when you first realised that your injury was caused by negligence.
There are also exceptions to these time limits, such as:
- If a child has been injured, they will have three years to start their claim after their 18th Alternatively, a court appointed litigation friend could make a claim on their behalf before this time. This could be a solicitor, parent or sibling. In this instance, the time limit is suspended. The child can only make their own claim once they turn 18 if this has not been done for them before this date.
- If someone who lacks the mental capacity to make a claim for themselves, a litigation friend could apply to make the claim on their behalf. If this is not done and they regain their mental capacity, they will have 3 years from the date they recover to put forward their own claim.
Contact our advisors today if you are unsure whether you have enough time to start your personal injury claim.
How To Use A Shoulder Injury Compensation Calculator
When you use our compensation calculator, you’ll be asked to input details about your accident and subsequent injury. This will include how severe your injury is, where it occurred and who was liable for the accident.
Our calculator will then value your claim based on guidelines from the Judicial College. These are compensation brackets based on previous payouts made by the courts.
In addition to this, our calculator can assess the value of any lost earnings you have experienced and add these to your claim estimate. Remember, if you want help using our calculator or if you’d like to find out more about how it works, our team of advisors are on hand to offer free legal advice.
Shoulder Injury Compensation Payouts
Shoulder injury compensation can include general damages and potentially special damages in addition as well. General damages compensate for the pain and suffering caused by your injury.
Those who value shoulder injury compensation payouts may consult the Judicial College Guidelines, which we mentioned in the previous section. In the table below, you can view some of the compensation brackets featured in these guidelines which can prove relevant to a shoulder injury claim. Take note that the table is for guidance only and the first entry is an estimated figure that’s not taken from the Judicial College Guidelines.
Injury | Severity | Details | Guideline Amount |
---|---|---|---|
Multiple Severe Injuries Plus Special Damages | Severe | Those eligible to claim for multiple severe injuries, including a shoulder injury, could receive a payout covering each injury and any relevant special damages, such as loss of earnings. | Up to £250,000+ |
Arm Injury | Severe | Injuries could include a serious brachial plexus injury that did not require amputation but has left the person little better off than if it had been. | £117,360 to £159,770 |
Arm Injury | Injuries Resulting in Substantial and Permanent Disablement | Serious fractures in one or both forearms that result in a significant cosmetic or function disability. | £47,810 to £73,050 |
Arm Injury | Less Severe | A degree of recovery has taken place or is expected despite the person suffering from serious disabilities. | £23,430 to £47,810 |
Shoulder Injury | Severe | Injuries within this bracket are often associated with injuries to the neck. They often involve damage to the brachial plexus. | £23,430 to £58,610 |
Shoulder Injury | Serious | Where the shoulder has been dislocated and the lower half of the brachial plexus damaged. This will cause pain in the neck and aching in the elbow. It could also restrict shoulder movement and weaken grip. | £15,580 to £23,430 |
Shoulder Injury | Moderate | Frozen shoulder causing discomfort and limiting movement for about 2 years. | £9,630 to £15,580 |
Shoulder Injury | Fracture of the Clavicle | How much is awarded will depend on the extent of the initial fracture and any residual symptoms. | £6,280 to £14,940 |
Shoulder Injury | Minor (i) | Where the soft tissue has been injured, causing considerable pain but a recovery that is almost complete in less than 2 years | £5,310 to £9,630 |
Shoulder Injury | Minor (ii) | A soft tissue injury, causing considerable pain but a recovery that is almost complete within a year | £2,990 to £5,310 |
You could potentially also receive special damages, which compensate for the financial losses caused by your injuries. This may include lost income, medical costs and travel expenses. Evidence is required to claim special damages. You can document your losses through documents such as receipts, payslips and invoices.
To learn more about how much your claim may be worth and how our shoulder injury compensation calculator could help, please get in touch with our advisors for free today.
No Win No Fee Claim Agreements For A Shoulder Injury
Our panel of solicitors offer their services on a No Win No Fee basis. This is a way of funding legal representation for a claim that reduces the financial risk usually undertaken when hiring a solicitor. It means that:
- Your personal injury solicitor will not request any legal fees, either upfront or during the course of the claim.
- You will not have to pay any legal fees to your personal injury solicitor if they don’t win your case.
- If your claim is successful, your solicitor will deduct a success fee from your compensation.
Another advantage to a No Win No Fee agreement is that they’re often only offered to claimants with a strong case. A No Win No Fee solicitor will only take your case if they feel you have a reasonably good chance of winning.
For more information on No Win No Fee agreements, speak with an advisor today. You could be connected with a solicitor to represent you on this basis.
It’s now easier for you to work out how much you could claim due to our shoulder injury compensation calculator. Our advisors offer free legal advice 24/7, so you can call them at a time that works for you. Our panel of solicitors could represent you on a No Win No Fee basis if your claim has a good chance of success.
You can:
- Call us now on 0800 408 7826
- Use our live chat service found on the bottom right-hand corner of your screen.
- Contact us via our website.
Resources And Case Studies
If you’d like more useful information, please use the links below:
- For information on shoulder impingement, view this NHS guidance.
- The Department of Transport offers road traffic statistics which you can find on their webpage.
- The Health and Safety Executive (HSE) offers advice and guidance on manual handling.
- If you’ve broken your foot, view this page for information on claiming.
- Have you broken your thumb in a public place as a result of negligence? If so, our guide could help.
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