Shoulder Fracture Compensation Claims In The UK
Welcome to our guide on making a shoulder fracture compensation claim. Have you suffered a fracture to your shoulder? Was the accident that caused your injury the result of a breach of duty of care? If so, you could be entitled to claim compensation for the impact your injury has had on you.
A shoulder injury can have a big impact on your quality of life depending on how severe it is. We use our shoulders to move, lift and raise our arms. If your shoulder is damaged, then this can affect what you’re able to do on a daily basis. For instance, you may find it difficult to drive, get dressed or go to work because of your injuries.
Your fractured shoulder injury may have been caused by an accident that was the result of someone breaching the duty of care they owed to you. If so, you may be able to claim compensation. This guide will walk you through the process of claiming compensation for injuries caused by the negligence of someone who owed you a duty of care.
Get In Touch With Our Team
Our advisors are on hand 24/7 to offer you free legal advice about making a claim. You can speak to them about whether or not you could make a claim or ask them questions about anything you have read here. If they feel your claim has a good chance of success, you could be put in touch with a personal injury solicitor from our panel. You can:
- Call us on 020 3870 4868
- Fill out our contact page
- Speak to us at the live chat to the bottom right of this screen
Services And Information
- Everything You Need To Know About Shoulder Fracture Compensation Claims
- What Is A Shoulder Fracture?
- Shoulder Joint Anatomy, Structure And Movement
- Broken Shoulder Symptoms
- What Could Cause A Broken Or Fractured Shoulder?
- Shoulder Fracture Compensation Calculator
- How Is A Broken Shoulder Diagnosed And Treated?
- What Are Missed Shoulder Bone Fractures?
- How Could A Fractured Or Broken Bone Be Misdiagnosed?
- How Much Time Do You Have To Claim Compensation?
- I Suffered A Shoulder Fracture, What Should I Do?
- No Win No Fee Shoulder Fracture Compensation Claims In The UK
- Related Guides
- Frequently Asked Questions
In this guide, we will look at what a shoulder fracture is and how it can affect your quality of life. To do this, we will look at the structure and anatomy of the shoulder and how different parts of it can be broken. We’ll also look at some common symptoms that an injury of this nature might cause.
We will then go on to look at the kinds of scenarios in which you might suffer from a fracture to your shoulder. Remember, in order to claim it isn’t enough that your injury was caused by someone else; it needs to be the result of negligence on the part of someone who owed you a duty of care.
We will go on to look at how compensation for a fractured shoulder is calculated. In addition, we will look at the different types of damages that could be paid to you for an injury of this kind.
Furthermore, we will look at the general time limit that applies to making a personal injury claim for compensation. We will also look at the exceptions that may apply to this time limit.
To summarise, we will look at No Win No Fee agreements and how they can be helpful in funding legal representation. We will conclude by addressing some of the questions we’re often asked about injuries and claims of this nature.
The shoulder area is made up of several different bones. These bones help you move and use your arms. They also ensure that you can support weight when you are carrying things. A break to one or more of the bones in your shoulder could restrict the kinds of activities you’re able to do. Shoulder fractures can also be very painful.
Some bone breaks or fractures can be more serious than others. For instance, you may suffer a hairline fracture in your shoulder. This means that there is a small crack in the bone, but that the bone is still in one piece.
A non-displaced fracture is where your bone is broken in two, but the two pieces are still in alignment. If your fracture is displaced, it means that the bones have moved out of alignment. With a displaced fracture, there is a risk that the broken end of the bone piercing one of your internal organs.
The shoulder joint itself is a ball socket. It is where the scapula (or shoulder blade) meets the humerus (the bone in the upper arm.) Other parts of the shoulder include:
- Acromion. This is a bony plate that protrudes from the shoulder blade.
- Clavicle or collarbone. This is a thin bone that runs from the breastbone to the shoulders.
- Coracoid process. This is a hook-like structure that protrudes from the scapula. It provides stability to the shoulder.
There are a number of different ways these structures could be damaged. The function of the shoulder to be impaired as a result.
- Dislocation. This is where the humerus is dislodged from its ball joint connection with the scapula.
- Soft tissue damage to the tendons, ligaments, and muscles in the shoulder.
- Clavicle fractures
- Humeral head fractures
- Scapula fractures
All of these injuries can cause pain and prevent you from being able to use your arms or move your shoulders. If you’ve suffered one of the injuries above as the result of someone breaching their duty of care to you, you could be entitled to claim compensation for the pain and suffering caused.
If you experience a break or fracture to your bone, you will often experience symptoms right away. However, this isn’t always the case. For instance, if you suffer a hairline fracture, you may never realise that you have broken a bone at all.
Symptoms of a broken bone can include:
- Swelling, tenderness or bruising in the affected area
- A snapping or grinding sound as the injury occurs
- The bone sticking out at an odd angle
Because your shoulder is connected to your arm, a break to one of the bones in your shoulder could damage the nerves in your arm. If this is the case, you may notice that your arm is numb or tingling.
Depending on what bone in your shoulder is broken, you may notice that your arm or shoulder sit differently than they usually do. For instance, if you suffer a broken collarbone, then you may notice that the arm is slumped forwards or downwards as it’s no longer supported by the collarbone.
If you suspect you may have broken a bone in your shoulder, you should seek medical attention as soon as you can. Failure to receive the proper medical attention could result in your injury worsening.
Multiple different situations could lead to a fractured bone in the shoulder. Any situation in which a bone is subject to a sudden impact, severe stress or where a joint is pushed beyond its range of movement could lead to bones breaking.
For instance, you may suffer from a shoulder fracture in a road traffic accident. This could be the case if you were involved in an accident where another driver hits the driver’s side of your vehicle, resulting in an impact on your shoulder and arm. If the other driver can be shown to have breached the duty of care set out in the Highway Code, you may be entitled to compensation.
Similarly, your employer could breach the duty of care owed to you resulting in an accident at work. An employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974. For instance, your employer may fail to provide you with the proper anti-slip safety shoes to do your role safely. As a result, you could suffer a slip, trip or fall which causes you to break your collarbone.
When you’re in a public place, you’re owed a duty of care according to the Occupiers’ Liability Act 1957. This means the person in control of the space needs to take all reasonably practicable steps to ensure your safety. They might breach their duty of care if they, for example, leave a spill on the floor without cleaning it up or signposting it. If you break your shoulder as a result, you could be owed shoulder fracture compensation.
If you’d like to know whether the accident that caused your shoulder fracture was the result of a breach of duty of care, why not get in touch with our team today? Our advisors will be happy to offer you free legal advice about making a claim.
Compensation is worked out by assessing the severity and scope of your injuries and assigning a financial value to them. A claim for compensation may be made up of two kinds of damages. the part of your claim that compensates you for the injuries you have sustained and the effect that they have on you is called general damages.
Compensation can also include money that is awarded for financial losses you have suffered as a result of the injury. This is known as special damages. This compensation can be awarded to cover lost earnings, medical expenses or the cost of public transport if you’re unable to drive.
Below, we’ve included a table of compensation guideline brackets for general damages that could be awarded in the case of a shoulder fracture. These figures are taken from guidelines provided by the Judicial College.
|Severe shoulder injury||£18,020 to £45,070|
|Serious shoulder injury||£11,980 to £18,020|
|Moderate shoulder injury||£7,410 to £11,980|
|Fracture of the clavicle||£4,830 to £11,490|
|Recovery from a shoulder injury in under two years||£4,080 to £7,410|
|Revocery from a shoulder injury in under a year||£2,300 to £4,080|
|Recovery from a shoulder injury un under three months||Up to £2,300|
|Arm amputated at the shoulder||Not less than £128,710|
Special damages can be claimed by presenting evidence, in the form of things like payslips, bank statements, invoices, even receipts or tickets to document and tabulate the financial impact of the injury. Without evidence, you will not be able to claim special damages.
When you seek medical attention following a broken shoulder injury, then your doctor will examine the site of the injury. They’ll often ask you questions about how you were injured and how you are feeling. Often, they will request an X-ray to confirm that the bones are broken.
Many broken bones are treated by putting a cast on the injured part of the body. However, it’s difficult to put a cast on someone’s shoulder. You may be given a sling to keep the bones in position as they heal.
In serious cases, you may require surgery. This may be the case if the fracture is displaced, or if part of the broken bone has pierced the skin. During surgery, plates and screws may be inserted into the bone to join it back together,
Diagnosing a fracture is crucial to treating it. If the fracture is missed or misdiagnosed, then the steps necessary to make sure the injury heals might not be taken. This could prolong the time it takes to recover from the fracture. It could also potentially cause the damage caused by the fracture to be permanent.
In order for you to make a medical negligence compensation claim for a missed diagnosis, you need to be able to show two things. First, that the treatment you received from the doctor fell below the standard expected of your profession. Secondly, you need to show that their negligence caused you to suffer more than you would have if the injury had been diagnosed and treated.
In order to demonstrate that a medical professional acted negligently, courts may utilise something called the Bolam test. Here, a panel of the doctor’s peers will be asked if they would have acted the same way in the same situation. If they would have acted in the same way, the doctor’s actions will not be said to have been negligent. But if they confirm that they would have acted differently, then the misdiagnosis will be classed as medical negligence. As a result, you may be able to make a medical negligence claim.
There are a number of different reasons why it a doctor might misdiagnose a broken or fractured shoulder. These include:
- Failing to look for symptoms of a fracture or a broken bone
- Neglecting to order the appropriate scans and imaging tests to determine the fracture
- Misdiagnosing the type of fracture the patient has, resulting in the wrong treatment being administered
- Misreading the results of tests and scans
- Failing to refer the patient to the appropriate specialist for their situation.
It’s important to note that just because your doctor missed a diagnosis or incorrectly diagnosed your injuries, it doesn’t mean that they were negligent. They need to have provided care that didn’t meet the standard of their profession, and you need to show that you were made to suffer more than you would have if the injury had been diagnosed.
There are time limits to making personal injury claims. This time limit is generally three years. This three-year limit runs from the date of the accident, or the date you know (or should have known) that your injuries were the result of negligence. The latter is known as the date of knowledge.
One exception to this time limit is if you were under the age of 18 when the accident occurred. In these situations, a litigation friend could claim on your behalf while you are underage. Once you turn 18, you could be entitled to make a claim on your own behalf until your 21st birthday.
Similarly, if the claimant lacks the mental capacity to claim themselves, then the time limit is suspended unless they regain their mental capacity. Otherwise, a litigation friend can claim on their behalf indefinitely.
The first thing you should do if you have experienced a shoulder fracture, or believe that you might have a shoulder fracture, is to seek medical attention. Call 999 if you are at all uncertain about your own ability to travel on your own. You should seek medical attention even if you aren’t certain that you do have a fracture.
Gather evidence if possible. Take photographs of the scene or the cause of the accident if you can. Make a note of any security cameras that might have recorded the incident. Ask any witnesses or those who were with you at the time if they would be willing to provide a statement as supporting evidence in the future. If the accident occurred in a workplace or a public place, you should ask that the accident be recorded in an accident book.
It may also be a good idea to write down your recollections of the incident. This is to ensure that there is a record of your memories when they were fresh right after the incident occurred.
There is no legal obligation for you to seek the advice of a solicitor in order to make a personal injury claim. However, we believe that doing so will offer you the best chance of receiving compensation for your injuries. Get in touch with our team to be connected with a personal injury lawyer from our panel.
If you decide to seek legal representation for a claim for shoulder fracture compensation, you may be worried about the legal fees this could incur. If so, you may find that a No Win No Fee agreement is beneficial to you.
With a No Win No Fee agreement, you will not be asked to pay anything to your solicitor in order for them to start working on your claim. You also won’t be asked to pay them anything while your claim is ongoing, or in the event that it is unsuccessful.
The only time you will be asked to pay your solicitor is if they win your case. Then, a small success fee will be deducted from your compensation award. This fee is legally capped and will be agreed upon beforehand between you and your solicitor.
If you would like to know more about claiming compensation on a No Win No Fee basis, then you can contact our team by:
- Calling us on 020 3870 4868
- Filling out our contact page
- Speaking to us at the live chat to the bottom right of this screen
Can I claim medical negligence if my fracture was misdiagnosed?
Misdiagnosing an injury can lead to the injury having more severe effects. You could be entitled to make a medical negligence claim if you can provide proof that medical negligence has occurred and that as a result, you have suffered more severe health problems than you would have if the injury was diagnosed.
What happens if a bone has been fractured?
If a bone gets fractured you might feel the sensation of it snapping and grinding. When a bone is broken you will probably feel pain in the area; however, this is not always the case. In serious cases, there may be an open wound where the bone has pierced the skin.
Could you claim if someone else was injured?
If the injured person is under 18 or lacks the capacity to claim on their behalf, then you may be able to claim for them. You will need to be appointed as a litigation friend in order to do so.
What happens to compensation awarded to children?
Compensation will be held in a fund in a case where it has been awarded for a claim brought on behalf of someone under the age of 18. This fund will be managed by the Court Funds Office until the child is an adult and is entitled to receive the money.
Thank you for reading our guide on claiming shoulder fracture compensation.
Guide by KL
Checked by NC