What Should You Do Before Making a Shoulder Injury Claim?
A shoulder injury can have a significant impact on your everyday life, making it difficult to work, sleep or carry out simple tasks. If your injury was caused by someone else’s negligence, you may be entitled to compensation. However, before making a shoulder injury claim, there are several important steps you should take to protect your health and strengthen your case.
From seeking medical attention and gathering evidence to understanding your legal rights, preparing properly can make a real difference. In this guide, we explain what you should do before starting your claim and how to give yourself the best chance of securing the compensation you deserve.
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Seek Medical Attention for Your Shoulder Injury
Your health should always be your first priority following a shoulder injury. Even if the pain initially seems manageable, seeking medical attention promptly can help identify the extent of the damage and ensure you receive appropriate treatment.
Shoulder injuries can range from relatively minor strains and sprains to more serious conditions, including dislocations, fractures, rotator cuff tears and nerve damage. Some injuries may not immediately reveal their full severity, particularly where inflammation or soft tissue damage is involved.
Visiting your GP, attending an urgent treatment centre or seeking emergency care when necessary will help establish a medical record of your injury. These records may become important evidence if you subsequently pursue a compensation claim.
Make sure you describe your symptoms accurately, including any pain, weakness, restricted movement or difficulties performing everyday activities. Follow the treatment advice you receive and attend any recommended follow-up appointments, physiotherapy sessions or specialist assessments.
Medical documentation can help establish a connection between the accident and your shoulder injury, as well as provide evidence of the impact on your health and recovery.
Report the Accident as Soon as Possible
Once you have received appropriate medical attention, you should ensure the accident is reported to the relevant person or organisation.
If you injured your shoulder at work, notify your employer or supervisor as soon as reasonably possible. Ask for the incident to be recorded in the workplace accident book or reporting system, and request a copy of the record for your own reference.
For accidents in public places, such as supermarkets, shopping centres or leisure facilities, report the incident to the business owner, manager or organisation responsible for the premises.
If your shoulder injury resulted from a road traffic accident, make sure the incident is properly documented and obtain the other driver’s details where applicable. Certain road accidents must also be reported to the police.
When reporting an accident, provide an accurate account of what happened, including the date, time, location and circumstances. Avoid speculating about matters you are uncertain of, and keep copies of any written correspondence or reports.
An official accident record can help establish when and how the incident occurred. Although failing to report an accident immediately does not necessarily prevent you from making a claim, having a clear record may make it easier to support your account.
Gather Evidence to Support Your Claim
Evidence plays an important role in demonstrating how your injury occurred and establishing whether another party may have been responsible.
The sooner you begin collecting evidence, the better. Accident scenes can change, witnesses may become difficult to contact, and potentially useful CCTV footage may be deleted or overwritten.
Depending on the circumstances of your injury, useful evidence could include:
- Photographs of the accident location, any hazards and visible injuries.
- Contact details of anyone who witnessed the accident.
- CCTV footage or information about cameras that may have recorded the incident.
- Copies of accident reports and correspondence with the responsible organisation.
- Medical records, test results and details of treatment received.
For example, if you slipped on an unmarked wet floor and injured your shoulder, photographs showing the conditions at the time could help establish whether reasonable precautions had been taken.
Similarly, if your injury occurred while lifting heavy equipment at work, information about the equipment, your training and the working conditions may be relevant.
You do not need to gather every piece of evidence before contacting a solicitor. In fact, obtaining legal advice early may help preserve information that could otherwise be lost.
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Keep a Record of Your Symptoms and Recovery
Shoulder injuries can affect people in different ways, and the consequences are not always immediately obvious.
You might experience persistent pain, difficulty lifting your arm, reduced strength or interrupted sleep. More serious injuries can affect your ability to work, drive, exercise or complete routine household tasks.
Keeping a simple diary of your symptoms and recovery can help document these difficulties over time.
Record the activities you struggle with, the severity of your symptoms, any medication you require and how your condition changes throughout your recovery. You should also note any appointments, treatments or recommended restrictions on your activities.
For example, someone who has sustained a rotator cuff injury may initially experience discomfort when raising their arm but later discover that they cannot comfortably lift objects or perform their usual duties at work.
Documenting these changes can provide a clearer picture of the injury’s practical consequences.
Your personal records will not replace independent medical evidence, but they can provide useful supporting information when assessing the impact of your shoulder injury.
Document Any Financial Losses
A shoulder injury claim may include compensation for financial losses resulting from the accident, as well as compensation for the injury itself.
If your shoulder injury prevents you from working, you could experience a reduction in earnings, particularly if you are self-employed, rely on overtime or have limited entitlement to sick pay.
You may also incur additional expenses while recovering, including private physiotherapy, prescription charges, travel to medical appointments or the cost of assistance with everyday tasks.
It is important to keep records of these expenses wherever possible.
Save receipts, invoices, payslips and relevant bank statements. If you have lost income, retain documentation showing your usual earnings and how they were affected by your injury.
In more serious cases, an injury may lead to ongoing treatment requirements, reduced earning capacity or the need for additional care. These potential future losses may also need to be considered when calculating compensation.
Not every expense will necessarily be recoverable. Generally, financial losses must be reasonably incurred and linked to the injury.
Keeping accurate records from the beginning will make it easier for your solicitor to assess which losses may be included in your claim.
Establish Whether Someone Else Was Responsible
Before pursuing compensation, it is important to understand whether another person or organisation may have been legally responsible for your injury.
In many personal injury cases, establishing negligence involves showing that another party owed you a duty of care, failed to meet the required standard of care, and caused an injury as a result.
For example, an employer may be responsible for a shoulder injury where inadequate training, unsafe lifting procedures or unsuitable equipment contributed to an accident.
Similarly, a business or organisation responsible for maintaining premises may be liable if a preventable hazard causes someone to fall and injure their shoulder.
In road traffic accidents, liability may arise where another driver fails to take reasonable care and causes a collision.
However, suffering a shoulder injury does not automatically mean you are entitled to compensation. The circumstances surrounding the accident, the available evidence and the applicable legal duties all need to be considered.
It is also worth remembering that being partly responsible for an accident does not necessarily prevent you from claiming. Depending on the circumstances, compensation may still be available, although the amount awarded could be reduced to reflect your share of responsibility.
If you are uncertain who was responsible, a personal injury solicitor can assess the available information and advise whether you have reasonable grounds to pursue a claim.
Understand the Time Limits for Making a Shoulder Injury Claim
One of the most important considerations before making a shoulder injury claim is the legal time limit.
In England and Wales, the general limitation period for bringing a personal injury claim is three years from the date of the accident or, where applicable, the date you first had the necessary knowledge of the injury and its potential cause.
There are exceptions to this rule.
For example, where the injured person is under 18, the usual three-year period generally begins on their 18th birthday. Different rules can also apply to people who lack the mental capacity to conduct legal proceedings.
In certain circumstances, a court may permit a personal injury claim to proceed outside the normal limitation period, but this should never be relied upon.
Importantly, the usual deadline concerns starting court proceedings, not simply contacting a solicitor or notifying an insurer.
Although three years may seem like a considerable amount of time, delaying your claim can create practical difficulties. Witnesses may forget important details, documentary evidence could become unavailable, and investigating the accident may become more challenging.
You also do not necessarily need to wait until your shoulder has fully recovered before seeking legal advice.
A solicitor can begin investigating the circumstances of your injury while medical professionals continue assessing your recovery and long-term prognosis.
N.B.: The injury claims calculator is intended as a guide only. Every attempt has been made to make all information provided as accurate as possible.
Speak to a Shoulder Injury Solicitor Before Making Your Claim
Obtaining legal advice can help you understand your position before making a formal compensation claim.
A personal injury solicitor can assess the circumstances of the accident, consider who may be responsible and identify the evidence needed to support your case.
They can also help arrange appropriate independent medical evidence to establish the severity of your injury, its likely recovery time and any lasting effects.
This is particularly important with shoulder injuries, which can vary considerably in severity. While some people recover within a relatively short period, others experience persistent pain, restricted movement or long-term difficulties performing physical activities.
A solicitor can also assess the financial consequences of your injury, including lost earnings, rehabilitation costs and any future losses that may be recoverable.
Should You Accept an Early Settlement Offer?
In some circumstances, an insurer or another party may offer compensation before the full extent of your injury is known.
Although an early settlement may appear attractive, accepting an offer without understanding your medical prognosis could result in receiving less compensation than your circumstances justify.
Personal injury settlements are generally intended to provide a final resolution of the claim. Once you accept a full and final settlement, you will usually be unable to seek additional compensation if your condition subsequently deteriorates.
For this reason, it is sensible to obtain appropriate medical evidence and legal advice before agreeing to settle.
Can You Make a Shoulder Injury Claim on a No Win, No Fee Basis?
Many personal injury claims are funded through No Win, No Fee arrangements, also known as conditional fee agreements.
Under this type of agreement, the solicitor’s payment depends on whether the claim is successful, subject to the specific terms agreed.
If your claim succeeds, a success fee may be deducted from your compensation. If it does not succeed, you will generally not have to pay your solicitor’s fees for their work, although other costs may arise in certain circumstances.
Before entering into an agreement, make sure you understand the potential deductions, any insurance arrangements and circumstances in which you might become responsible for costs.
A solicitor should explain these terms clearly before you decide whether to proceed.
Get Advice From Grieves Solicitors
At Grieves Solicitors, we understand how disruptive a shoulder injury can be, particularly when it affects your ability to work or enjoy your usual activities.
Our team can discuss the circumstances of your accident, explain your legal options and help you understand the next steps towards pursuing compensation.
Contact Grieves Solicitors today to discuss your shoulder injury claim and find out how we may be able to help.
Our caring and supportive team are here to listen and advise on 0800 0747 644. Or you can complete a Free Online Enquiry to set up a free consultation or tell us more about your story.
Here at Grieves Solicitors, Personal Injury Specialists, we offer a no win, no fee solution to funding your claim (a conditional fee agreement) which means that you do not have to worry about legal costs and expenses. You can read about our no win, no fee agreement here.
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