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Shoulder Injury Compensation

How to Claim Compensation for Shoulder Injuries

The aim of this article is to provide you with important information about how you can claim compensation for shoulder injuries, and to advise you of the criteria which should be satisfied in order to recover compensation for injuring a shoulder. There are a number of steps which should be followed after an injury has been sustained to ensure your right to recover shoulder injury compensation is not lost, and majority of these steps are covered in this article.

There are many factors that can determine whether a compensation claim for a shoulder injury will be successful, and since no two cases are exactly alike, to receive personal advice about claiming for having injured a shoulder in an accident for which you were not to blame we strongly recommend discussing your case with a solicitor. Obtaining legal advice as soon as possible after an accident can increase the probability of you being able to make a successful personal injury claim.

A solicitor will evaluate the circumstances under which you injured a shoulder in an accident and you will be advised if you can make a claim for compensation. You will also be given specific advice about the procedures which should be followed in order to make a claim for an injured shoulder.

Always Seek Professional Medical Attention After an Accident

Eligibility to make shoulder injury claims will be affected if you do not seek medical attention for your injury. Your health must be your number one priority if you injured a shoulder in an accident; not only will seeking prompt medical treatment ensure that the damage sustained in the accident is kept to the minimum possible level, but your claim for an injured shoulder must be substantiated by your medical records.

Even if you were administered first aid at the scene of the accident after damaging your shoulder, it is still important for you to have a thorough medical examination, as a claim for compensation for injuring a shoulder cannot be justified if your injury did not warrant you seeking medical attention.

If you did not receive medical attention promptly after you injured a shoulder in an accident you will not have lost the right to claim compensation. However, if your injuries have deteriorated as a direct result of a delay in seeking medical treatment, the level of shoulder injury compensation you will be able to recover is likely to be reduced.

There Must be Negligence in Order to Claim Compensation

In order for compensation for injuring a shoulder to be claimed, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, shoulder injury claims can only be made if there was a duty of care owed to you by the negligent third party, and if the duty of care was breached causing the victim to sustain a shoulder injury.

If you injured a shoulder in an accident due to the actions of a third party, it should be possible to claim shoulder injury compensation provided your injury could have been prevented if the third party in question had taken the appropriate level of care to keep you safe and out of harm’s way.

It must also be possible to establish and prove that your shoulder injury was directly caused by third party negligence in order for a compensation claim for a shoulder injury to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for an injured shoulder there is a strong probability that you will be able to recover injury compensation.

The Legal Process for Making a Claim for an Injured Shoulder

After your accident has been investigated and evidence of third party negligence has been collected, the first stage in the legal process of making a compensation claim for a shoulder injury is the drafting and issuing of a letter of claim to the insurance company of the negligent third party to blame for the accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to investigate how you injured a shoulder in an accident.

If liability for the accident is accepted, the next stage in the claims process is the negotiation of an appropriate compensation amount with the insurance company that provided the policy against which shoulder injury compensation is being claimed. If negotiations stall or if liability for the accident is rejected, it will be necessary to issue proceedings and shoulder injury claims will need to be litigated through the courts. If this is necessary, your claim for an injured shoulder must go before a judge to be decided. If the case is successful the judge will stipulate the amount of compensation for injuring a shoulder that is awarded, and the insurance company will be ordered to make payment to you.

How Much compensation Can I Claim For Injuring my Shoulder?

Compensation amounts for having injured a shoulder in an accident are not fixed. The amount of shoulder injury compensation that can be claimed will be influenced by many factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological problems as a result of the accident or injury, these must also be factored into your claim for an injured shoulder.

Shoulder injury claims are not only concerned with providing recompense for a physical injury and for suffering psychological problems due to an accident, as it is also possible to claim back costs and expenses which have been – or will be- incurred as a result of an injury.

Compensation for injuring a shoulder can be recovered for medical expenses, prescription costs, alternative transportation, loss of earnings and damage to personal property and any other financial outlay that was or will be necessitated by the injury.

In order to recover costs in a compensation claim for a shoulder injury you must be able to provide proof of expenditure, so it is vital that you retain receipts or invoices to submit with your claim.

Contributory Negligence and Accidents

Not all accidents are caused by the negligence of a single third party, and often shoulder injury claims need to be made against multiple individuals whose combined negligence caused an accident to occur and an injury to be sustained.

When an accident involves negligence of more than one third party, a separate claim for an injured shoulder must be made against the insurance policy of each third party at fault for the accident for the percentage that each one is responsible.

Calculating the degree to which liability can be assigned to multiple individuals can be difficult, and for this reason contributory negligence is likely to make a compensation claim for a shoulder injury complex. It is therefore strongly advisable to seek legal advice from a personal injury solicitor if you injured a shoulder in an accident and liability is not straightforward to establish.

The principle of contributory negligence can also be applied to an accident victim, and the amount of shoulder injury compensation that can be recovered will be affected by the role the claimant played in the accident or in the severity of the injuries that were sustained. If the negligent third party’s insurance company can prove that you were negligent, the amount of compensation for injuring a shoulder you are awarded is likely to be reduced.