

Sprains typically occur as the result of a fall. As you fall, you instinctively put your arm out to protect yourself, but landing on an outstretched arm can overstretch or tear the ligaments in the shoulder. This results in pain, swelling and immobility of the joint. A successful claim for a soft tissue shoulder injury with considerable pain can win up to £2,000 in compensation.
Frozen shoulder is the name commonly given to any incident in which shoulder movement is restricted. It more particularly involves inflammation of the capsule around the joint, which makes movement painful. Apart from the obvious problems due to restricted shoulder movement, daily physiotherapy exercises are generally required for complete recovery. Compensation is typically from £4,000 to £6,500 if recovery is prolonged.
Dislocation is more serious, as the bone of the upper arm is pulled out of its socket. This can cause stretching or tearing of ligaments and nerves. Besides the incapacity while it heals, it can result in tingling or numbness in the arm and weak grip. A claim for serious shoulder injury of this degree can range from £6,000 to £10,000.
In extreme cases, shoulder injury can involve major nerve damage and be associated with neck injury. It can cause substantial disability up to complete loss of use of the arm and postural changes. Compensation typically ranges from £10,000 to £25,000.
In the first instance, check that your solicitor’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have solicitors who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your solicitor about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the solicitor yourself. Fortunately, solicitors are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your solicitor bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your solicitor will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Before agreeing to work on a conditional fee basis, a competent personal injury solicitor will assess the merits of the claim. If you and your solicitor decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s solicitors’ fees in the event that you lose your claim.