Shoulder Dislocation Claim: How to calculate the amount of compensation your dislocated shoulder injury is worth
Discover what a shoulder dislocation claim is; the various different types of dislocated shoulder you might experience; the accident mechanics that cause your shoulder to dislocate; examples of average compensation payout amounts with free online specialist solicitor assistance with your claim.
What is a shoulder dislocation claim?
Your shoulder has the greatest range of movement of any joint in the body and as such is most prone to dislocation. It is a ball and socket joint – your shoulder blade forms the socket and the top of the humerus bone (the large bone in the top of your arm) forms the ball.
Ligaments, tendons and muscles (the rotator cuff and deltoid) hold the bones in position and allow your shoulder to function smoothly.
A dislocated shoulder (technically known as a luxation for a full dislocation or a subluxation for a partial dislocation) describes the situation when your shoulder joint is torn out of position and become misaligned or displaced.
When this happens – you will experience an enormous amount of pain and suffer damage to ligaments, tendons, muscles and nerves that once supported your shoulder joint.
If your shoulder injuries were caused in an accident, working practice or criminal assault – someone could be considered legally at fault entitling you to make a shoulder dislocation claim for compensation money.
Your shoulder dislocation claim includes compensation for your shoulder pain and future instability problems together with any financial loss as a direct result of your dislocated shoulder injury, for example: lost income (past and future), medical expenses (cost of physiotherapy treatment, surgery and rehabilitation), help in the home (friends and family doing tasks you would ordinarily do).
What are the primary types shoulder dislocation?
The type of shoulder dislocation claim depends on the manner in which your shoulder dislocates – which is varied.
The primary types of dislocation are full or partial dislocations (luxation or subluxation), which can occur in four directions: anterior shoulder dislocation (forward dislocation), posterior dislocated shoulder (backwards dislocation), inferior dislocated shoulder (downward dislocation) and multi-directional (more than one directions – such as forwards, downwards and backwards).
What types of accident can cause your shoulder to dislocate?
There are many types of accident which can cause a dislocation of your shoulder, but three typical ones include: impact accidents (car crashes, motorcycle collisions, pedestrian crossing accidents, jolts from defective machinery at work, blows from falling objects at work); handling of heavy weights (work accidents as workmen having to lift large weights) and falls with your arm outstretched (pavements trips, supermarket slips, wet surface slips at work).
When you suffer an accident of any kind – it is best to speak to a specialist solicitor immediately to determine if you can make a shoulder dislocation claim.
What is the your duty to mitigate loss in shoulder dislocation claims?
In any accident claim – UK law requires you to do what is known as mitigate your loss. In other words – reduce the effects upon you of your dislocated shoulder as best as possible.
You should seek medical treatment at hospital immediately. Your shoulder joint will be returned to its correct position by either manual manipulation (known as reduction) or by surgical intervention (known as closed reduction).
Dislocations will show up on x-rays as will any shoulder joint fractures, which can often accompany a dislocated shoulder injury.
Following your shoulder being returned to its correct position – doctors should take an MRI scan to see the damage to shoulder tissues (ligament and tendon tears, muscle injury and nerve damage). Surgery, by way of arthroscopy or bone graft, is often necessary to stabilize the shoulder joint.
In addition your shoulder muscles (rotator cuff and deltoid) can be strengthened through physiotherapy exercises further increasing your shoulder’s stability.
How much are average compensation payouts for shoulder dislocation claims?
The amount of compensation your shoulder injury claim payout will be calculated at depends upon the exact nature of your injury as set out in an independent orthopaedic medical expert report, some examples of payouts in 2021 include:
1. Dislocated shoulder injury with ligament damage
If you suffered a partial or full dislocation, which gives rise to instability in your shoulder requiring surgery with reduced grip in your hands and pain in your elbow and neck – your shoulder dislocation claim average payout is likely to be calculated between: £12,000 – £18,000
2, Severe dislocated shoulder claim payouts
In the worst cases of shoulder dislocation claims – you can be left with significant disability in your shoulder, neck and arms and might include fractures in the bones of the shoulder joint. The amount your compensation settlement is likely to be calculated at is between: £18,000 – £45,000
Free specialist solicitor help
If you would like to ask a question, have your shoulder dislocation claim assessed online or to speak direct with our solicitors free of charge see our specialist solicitor free telephone and online help.