Last updated on: May 13, 2021
Have you suffered a dislocated shoulder injury due to an accident in a public place, that wasn’t your fault? If so, you might be able to make a personal injury claim if you can provide evidence that those who had a responsibility to your health breached their duty of care. And importantly this caused the injury you sustained.
A dislocated shoulder can be a very painful and debilitating injury. If such an injury happens in a public place, you may be unaware of the best course of action.
Claim for dislocated shoulder
If you’re unsure how to claim for a dislocated shoulder, we can help.
This guide will highlight the symptoms of a potentially dislocated shoulder, the claims process and how using experienced No Win No Fee personal injury solicitors could mean you pay nothing upfront. They offer their help on a No Win No Fee basis.
To find out if you can make a compensation claim call our team of advisors today for free. Our advisors offer free legal advice, which helps determine if you’re eligible for compensation.
Our advisers may be able to assess your case for you in a no-obligation chat and provide a compensation estimate.
Call us now on 0800 408 7825. If you want to know more, please read on.
Choose A Section
- A Guide On How To Claim For A Dislocated Shoulder
- What Is A Dislocated Shoulder Injury?
- How An Accident In A Public Place Could Cause A Dislocated Shoulder
- £19,000 Dislocated Shoulder Payout For An Accident In A Public Place Case Study
- What Is The Definition Of Special Damages?
- Calculating Compensation Payouts For Dislocated Shoulder Injuries
- How To Claim For A Dislocated Shoulder With A No Win No Fee Agreement
- What Does A Personal Injury Solicitor Do?
- Contact Our Team For Free Legal Advice
- Related Guides
- FAQs On Claiming For An Accident In A Public Place
A Guide On How To Claim For A Dislocated Shoulder
Not all accidents will mean that the injuries you suffer will qualify for compensation. As we have mentioned earlier you must have been injured due to a direct consequence from a breach in the duty of care owed to you. You are usually owed a duty of care in most public places, on the road and while at work. There are various pieces of legislation that apply this obligation. For instance, the Occupiers Liability Act 1957 places a responsibility on controllers of public premises to ensure public safety as much as can be reasonably expected. If you have suffered a dislocated shoulder injury due to poor maintenance, slip and trip hazards or through faulty floor coverings, if you can prove negligence then you could claim for the harm suffered.
The Compensation Recovery Unit (CRU) keeps a record of every person in the country who has claimed benefits due to a personal injury. As you can see from above, from 2019 to 2020 alone, there were over 72,000 people who claimed benefits after making an accident in a public place claim.
There are aspects of this data to consider, however. It only considers people who have claimed benefits, but there could be a good number of people who decided not to do this after an injury. Also, there are no specifications regarding the types of injuries sustained.
While there are limitations, the data clearly shows you the number of accidents that can happen that leave people in a precarious financial position.
What Is A Dislocated Shoulder Injury?
A dislocated shoulder is when the humerus bone in your arm pops out of your shoulder socket. Your shoulder joint is surrounded by muscles, and tendons called the rotator cuff. They are called the supraspinatus, subscapularis, teres minor and infraspinatus. Your shoulder blade is made up of your clavicle, humerus and scapula.
In severe cases, several of these muscles, tendons and joints could be disrupted by a dislocated shoulder. A dislocated shoulder happens when the neck of the numerous moves out of the shoulder socket. The shoulder socket is one of the easiest to be dislocated.
According to NHS guidance, symptoms of a dislocated shoulder include:
- Severe pain
- Inability to move the arm
- The shoulder will change shape
The recovery time for a dislocated shoulder depends on the type of injury sustained because of it. You may need medical treatment in the form of surgery if a fracture has occurred or if the ligaments, tendons and other tissues listed above have been damaged.
Usually, you’ll be able to return home after a few days, though your arm will need to be rested in a sling while the pain subsides. It can take between 12 to 16 weeks to recover fully.
Our advisors will inform you if you can make a claim for a dislocated shoulder. The amount of compensation you could receive will depend on the extent of your injuries.
How An Accident In A Public Place Could Cause A Dislocated Shoulder
A public accident claim is effectively making a public liability claim. Those who control public spaces can be liable for injuries caused to members of the public if they are harmed by their negligence.
Accidents causing injuries could happen anywhere and, when if it happens in these public places, the controller could be liable if they breached their duty of care to keep the space in a safe condition. This includes places like:
- Shops
- Supermarkets
- Places such as a park or a public swimming pool
If you are unsure if your accident that caused your injury may mean you are entitled to compensation call our advisors today. Through a no-obligation chat, you can have your case assessed for free.
What duty of care do occupiers have to keep people safe?
The occupiers of any building open to the public have a duty to keep the location reasonably safe. The Occupiers’ Liability Act 1957 stipulates this, stating that an occupier must extend a “common duty of care” to every member of the public.
Basically, within reason, the occupier must guarantee that every member of the public will be safe upon entering their premises. However, we must also ensure that we keep ourselves safe. Not all accidents will lead to compensation. For example, if a child at a theme park managed to injure their ankle through sheer clumsiness as they made their way out of a roller coaster, they would be unable to claim because the blame lies solely with them.
How could this duty of care be breached?
If the child injured themselves because the lock on the ride wasn’t secure, that may be the fault of the theme park. Why? Because it’s their role to keep the public as safe as reasonably possible when using their rides. Ensuring the public is safe enough to use their facilities clearly falls within their list of responsibilities.
Our advisors are on hand 7 days a week 24 hours a day. They can answer your questions and provide free legal advice. If they think you have a strong case they could connect you with a No Win No Fee personal injury solicitor.
£19,000 Dislocated Shoulder Payout For An Accident In A Public Place Case Study
Mr Cuthbert was close to retirement and enjoying how he spent his time. He worked full-time at a construction yard and part-time as a baseball coach. Matches were due to start in the next three months, and he was looking forward to coaching his local team again for what would be his final season.
Unfortunately, a dislocated shoulder injury resulted in him being unable to work either job. As a result, he found himself in financial difficulty.
How did Mr Cuthbert dislocate his shoulder?
Mr Cuthbert did his weekly food shop in a supermarket by his house. As he was an early riser, he would come in when the shop opened to beat the crowd.
He turned into the dairy aisle to grab some milk when it happened. He slipped on the floor and, due to the extent of liquid around his feet, the momentum led him to fall onto his shoulder.
Intense pain began instantly in his right shoulder. He dragged himself up from the floor using his left arm, his clothes now covered in milk. A shop worker heard his cries and called an ambulance.
Upon reaching the hospital, Mr Cuthbert was given painkillers. He saw his family but, before he could say anything to them, he was whisked off to have an x-ray. After examination, they popped his arm back into the socket. They said it was a difficult dislocation to put back in, so bruising the muscles around the injury was likely. He also suffered damage to the lower part of the brachial plexus.
Six weeks later, he returned to work, but his shoulder was still sore. His workplace accommodated this, but he was more concerned about his status as a coach. The baseball season was due to start in a matter of weeks. He was advised not to participate in sports until his arm was healed.
What was Mr Cuthbert’s final settlement?
The personal injury solicitor Mr Cuthbert hired felt like he had a decent chance of winning his case. With the loss of earnings from the first job, the future loss of earnings from his part-time job and the clear link to the debt he’d now accrued, he would be able to claim both general and special damages.
The solicitor reviewed the CCTV footage of the fall it seemed that the liquid had been left for some time. The shop admitted liability for the injury. However, they requested more evidence to confirm the future loss of earnings.
Mr Cuthbert contacted the team he’d coached previously and requested that they provide a detailed set of invoices that showed the wages he would’ve received. This took a few weeks, at which point he considered removing that loss from his claim. His specialist solicitor told him to be patient.
Finally, three weeks after requesting them, the invoices came through. After reviewing all of the evidence, the insurer agreed to uphold the claim.
In total, the claim for a dislocated shoulder for Mr Cuthbert was £19,000 in compensation.
Breakdown of the settlement awarded
Please find below a breakdown of Mr Cuthbert’s redress for his compensation claim.
| General Damages | How Much? | Special Damages | How Much? |
|---|---|---|---|
| The JCG recommends serious shoulder injury £11,980 to £18,020 | £13,000 | Loss of Earnings | £1,500 |
| Loss of Future Earnings | £3,500 | ||
| Gardening/cleaning | £200 | ||
| Travel costs | £100 | ||
| Prescriptions | £200 | ||
| Carer, cleaner, dog walking | £500 |
The case of Mr Cuthbert is purely an example. It is not based on a real-life case. We combined past cases to illustrate the claims process.
What Is The Definition Of Special Damages?
For any personal injury claim, there are two types of compensation. General damages and special damages.
Special Damages relates to the financial losses caused by the injury. You could keep a record of the losses you’ve sustained due to the injury.
These can include:
- Prescriptions/medication
- Loss of Earnings
- Loss of Future Earnings
- Travel Costs
- Recreational activities paid for that you can no longer attend
As you can see in the above example, evidence is needed to show these financial losses. This is so there’s proven validity behind the amounts you’re claiming for. For example, if you aren’t able to prove the extent of your travel costs, you might be unable to receive compensation for all of them.
It can also be difficult to predict the number of special damages you’ll receive at the beginning of a claim. This is particularly the case with shoulder injury claims, as there can be lasting damage to muscles and joints.
Calculating Compensation Payouts For Dislocated Shoulder Injuries
General Damages is the other type of compensation. This relates to the physical damage, mental anguish and the decline in your quality of life caused by the injury.
Similar to special damages, you’ll need to provide evidence but, this time, it would be through using medical evidence. This can be in the form of doctor’s reports. It’s also encouraged that you document your recovery to give a detailed perspective of your medical treatment.
There will also be an independent medical assessment performed to determine if your injuries were from the slip, trip or fall, or if they are part of a pre-existing medical condition.
If your injury has worsened the symptoms of a pre-existing medical condition, this will also be considered by your specialist solicitor during the claim.
If you have any questions or queries or would like to see if you can claim, please contact our team using the phone number at the top of the page.
How To Claim For A Dislocated Shoulder With A No Win No Fee Agreement
A No Win No Fee agreement means that you do not have to pay an upfront fee for a solicitor to start your case.
Often referred to as a Conditional Fee Agreement, they mean that you won’t need to pay any solicitor fees upfront or during the claim.
How does it work? Well, for example, if you made a claim for a dislocated shoulder and you received compensation, your solicitor would take a small, legally capped amount of it to pay for their legal services.
If the claim fails you pay your No Win No Fee solicitor nothing.
Our panel of solicitors offer this service so you know they won’t waste your time. They’ll only take your case if they believe you have a decent chance of winning.
What Does A Personal Injury Solicitor Do?
Our experienced advisors offer free legal advice so they can talk you through if you’ll be able to make a public accident claim or not.
If you’re eligible, you’ll then be put through to a solicitor from our panel. They’ll be able to provide details like the type of evidence you’ll need, the amount you could receive and talk you through the claims process.
Their No Win No Fee policy means that you don’t have to worry about paying solicitors legal fees upfront.
Call us today!
Contact Our Team For Free Legal Advice
Our honest, hard-working advisors offer free legal advice that can help you with any questions and queries. The specialist, knowledgeable panel of solicitors will be able to take your case on a No Win No Fee basis.
Our contact details are:
- Telephone number – 0800 408 7825
- Live chat through the window on the bottom right of your screen
- Contact us through our website
Related Guides
For further information, please see below.
More information about rehabilitation after a shoulder injury can be found in this NHS guidance.
To know more about when you should go to the A&E, visit the NHS website.
Visit here to discover more about symptoms of broken bones and what the best course of action is.
To discover more about claiming compensation from your local council, visit our website.
If you’ve broken your knee in a public place and want to know if you can claim, view here.
FAQs On Claiming For An Accident In A Public Place
What evidence do I need to make a claim?
Your solicitor will need to be able to highlight the extent of your injuries to show how they’ve detrimentally impacted your life. Evidence you’ll need includes photographs of the injury, pictures of the site where it happened, witness details and details of any expenses experienced because of the injury.
Who could I bring my claim against?
In this instance, it would be with the occupier of the premises, as explained above. So, if you injured yourself in a park and wanted to make a claim, your solicitor would contact the park controller.
How much time do I have to make a claim?
The time limit for making a claim is either three years from the date of the injury or three years from being aware of the injury being caused by negligence. Whilst this seems like a long time better to start the claim sooner rather than later. There are also exceptions to this rule.
How long could my claim take?
If you were to, for example, claim for a dislocated shoulder, the length of time taken could depend on many factors. Your solicitor will need to prove that liability lay elsewhere, would need to have sufficient medical evidence for your injury and financial documentation to prove special damages.
If you have any further questions or queries, please don’t hesitate to call our advisors for free legal advice.
Guide by AD
Published by SI.