Shoulder Injury Claim in Surrey
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A shoulder injury can range from a simple sprain to dislocation or frozen shoulder. Consequences vary enormously, as the shoulder is a point through which all nerves giving feeling and control to the hands and arms run. Inflammation or dislocation of the shoulder can trap these nerves, causing pain or tingling throughout the arm, with possible loss of use.
What types of shoulder injury are there?
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.
Damages Award for Injury in Surrey
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.