The shoulders are an often overlooked part of the body yet we rely on them more than we may realise. From lifting our shopping, carrying out household chores and handling our children, everyday tasks can prove extremely challenging with shoulder pain.
Shoulder issues aren't uncommon: with the shoulder being the most mobile joint in the body, they are unstable and prone to injury. Common reasons for shoulder injuries are car accidents, manual handling and slips, trips and falls. If you injure your shoulder, much like any other part of your body, you could make a claim for compensation. In order to do so, someone else must be at fault, whether it's an individual, business, public authority or other body. For example, you may have suffered a whiplash injury if someone has driven negligently and collided with you. Or, you may have slipped in your workplace as a result of your employer failing to adhere to health and safety standards. If someone else is to blame, compensation could be sought.
How much compensation could you be entitled to if you've suffered from a shoulder injury? As a starting point, solicitors turn to the Judicial College Guidelines to assess the value of a claim. These Guidelines break the amount of damages down based on the severity of the injury, ranging from minor to severe. Examples of the levels of damages for shoulder pain are given below:
- A shoulder injury on the 'minor' side of the scale would typically be classed as a soft tissue injury where an almost complete recovery has been made. For minor injuries, you could expect to receive between around £2,090 to £6,730 in damages. The exact amount largely depends on the duration of your symptoms but a court would also consider the severity of the injury, the degree of pain experienced and the extent of any ongoing symptoms.
- A 'moderate' shoulder injury would be, for example, soft tissue injuries lasting for a longer period (persisting after two years) or a frozen shoulder with limitation of movement and discomfort. The amount you could expect to be receive in these circumstances ranges from £6,730 to £10,890.
- A 'serious' shoulder injury could be a dislocation of the shoulder and damage to the lower part of the brachial plexus which has a knock-on effect on the neck, elbow, forearm and hand. A 'serious' injury could be a rotator cuff injury where symptoms persist even after surgery or a soft tissue injury where symptoms are permanent. You could expect to receive £10,890 to £16,380.
- Lastly, the highest bracket of damages will be awarded to those suffering with 'severe' shoulder injuries. Severe injuries are associated with neck injuries and involve damage to the brachial plexus which results in significant disability. Damages ranging from £16,380 to £40,970 will be awarded in these instances.
The above figures are an estimate only and solely reflect the figure a Court may award for the 'pain and suffering' attributed to a person's injury. There are many other factors to consider which are unique to each individual case. For example, you may have lost earnings due to being unable to work whilst injured, or, you may not be able to return to the same job as you were in pre-injury, meaning you could claim for future loss of earnings. You could also claim compensation for services provided to you by family and friends whilst injured, compensation for 'inconvenience' as well as other expenses.
Morton Fraser's Compensation Calculator is a helpful starting point to learn about how much a claim for an injury could be worth. There are, however, many other factors to consider and the intricacies of each claim should be assessed by an experienced solicitor. The Personal Injury team at Morton Fraser will take the time to find out more about your situation and ensure that any compensation you may be entitled to is maximised. To find out more, contact us today on 0131 247 1000.
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