Shoulder Injury Claim
At Coleman Legal LLP, we provide dedicated assistance for shoulder injury claims, ensuring fair compensation for workplace incidents, sports injuries, and other injuries. Trust our team to advocate for your rights and guide you through the entire claim process.
Shoulder injury claim
At Coleman Legal LLP, we specialise in shoulder injury claims, offering personalised support to victims seeking fair compensation. Our solicitors understand the complexities of shoulder injuries and focus on securing the best outcome. We provide compassionate guidance throughout the claims process, assessing the impact on your life and advocating for your rights. Our goal is to ensure you receive the rightful compensation you deserve, helping you navigate the legal procedures with confidence and peace of mind.
Factors affecting the level of compensation
The Personal Injuries Guidelines specify several factors that will be taken into consideration when determining the level of compensation for shoulder injuries. These factors are:
- Age: Younger claimants may receive higher compensation due to the potential longer impact of the injury on their lives.
- Nature, severity, and duration of injury: The seriousness and duration of the shoulder injury will be assessed to determine the appropriate compensation level.
- Dominant upper limb: If the injury affects the dominant shoulder, it may have a greater impact on the claimant’s daily activities and work.
- Presence or risk of degenerative changes: Pre-existing conditions or the likelihood of future degeneration in the injured shoulder will be considered.
- Medical intervention and treatment: The extent of medical treatment required for the shoulder injury will influence the compensation amount.
- Impact on work: The injury’s effect on the claimant’s ability to work and earn an income will be taken into account.
- Interference with quality of life and leisure activities: If the shoulder injury affects the claimant’s daily life and leisure activities, it will impact the compensation.
- Impact on personal relationships: The injury’s impact on personal relationships and the claimant’s ability to engage in family and social life will be considered.
- Prognosis: The expected long-term outcome of the shoulder injury, including any potential permanent disability, will affect the compensation amount.
1. Severe shoulder injuries
This category includes the most severe shoulder injuries, such as damage to the brachial plexus nerves resulting in paralysis of the arm, lack of muscle control in the arm, hand or wrist, or other significant disabilities. Compensation Range: €100,000 to €150,000.
2. Serious shoulder injuries
This category includes injuries like dislocation of the shoulder with damage to the lower part of the brachial plexus, fractured humerus leading to permanently restricted shoulder movement, or rotator cuff injuries with persisting symptoms despite surgery. Compensation Range: €40,000 to €75,000.
3. Moderate shoulder injuries
This category includes cases of frozen shoulder with limited movement and discomfort persisting for some years, and other soft tissue injuries with intrusive symptoms that will be permanent. Compensation Range: €18,000 to €35,000.
4. Minor shoulder injuries
This category includes cases of soft tissue injuries to the shoulder causing considerable pain but with almost complete recovery, and simple fractures of the clavicle with good recovery.
- Substantial recovery within two years: €6,000 to €12,000.
- Substantial recovery within one year: €3,000 to €6,000.
- Substantial recovery within six months: €500 to €3,000.
Please note that these compensation ranges are provided by the Personal Injuries Guidelines and may be subject to change or interpretation by the courts and legal authorities. As a solicitor, it is essential to assess each shoulder injury claim on a case-by-case basis, considering all the relevant factors to achieve the most appropriate compensation for your clients.
Causes of shoulder injury
In Ireland, shoulder injury claims can arise from various causes, and the circumstances surrounding each case can be unique. Some common causes of shoulder injury claims in Ireland include:
- Road traffic accidents: Motor vehicle accidents, including car, motorcycle, and bicycle accidents, can result in shoulder injuries. These injuries may occur due to the impact of the collision, especially in cases of side-impact or rear-end collisions.
- Workplace accidents: Injuries in the workplace can occur due to various reasons, such as lifting heavy objects improperly, repetitive motions, slips, trips, and falls, or accidents involving machinery and equipment.
- Sports injuries: Shoulder injuries can occur during sports activities that involve repetitive shoulder movements, sudden impacts, or falls. Common sports-related shoulder injuries may occur in sports like rugby, football, tennis, and weightlifting.
- Slips, trips, and falls: Slip and fall accidents, either on public or private premises, can result in shoulder injuries if the person lands on their shoulder or uses their arm to break the fall.
- Accidents involving defective products: Shoulder injuries can also occur due to defective products, such as faulty equipment, tools, or products with design flaws that lead to accidents and injuries.
- Accidents in public places: Shoulder injuries may occur in public places due to hazards or dangerous conditions that cause people to fall or suffer traumatic injuries to their shoulders.
- Medical negligence: In some instances, shoulder injuries can be the result of medical negligence, such as errors during surgery or inadequate post-operative care.
- Accidents during recreational activities: Recreational activities such as cycling, hiking, or water sports can also lead to shoulder injuries if accidents occur during the activity.
It’s important to note that the causes of shoulder injury claims can be diverse, and the circumstances surrounding each case will determine the legal aspects and liability involved. If you or someone you know has suffered a shoulder injury due to the negligence or fault of another party, seeking legal advice from a our solicitor can help understand your rights and pursue a compensation claim if applicable.
Claim application process
1. Seek assistance from our shoulder injury solicitor
Our team of experienced shoulder injury solicitors is available to guide clients through the process of making a shoulder injury claim. Utilising a solicitor can simplify the paperwork and filing required for this process.
2. Apply to the Personal Injuries Assessment Board
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
3. Provide necessary information and documents
Your solicitor will gather evidence, medical reports, and other expert reports, and submit them to PIAB for assessment.
4. Obtain consent for claim assessment
Once the application is made, PIAB will notify the defendant(s) and they must indicate within 90 days if they consent to the assessment of the claim. If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorisation for court proceedings.
5. Claim assessment
The assessment process usually takes about 9 months. If both parties accept PIAB’s assessment, an order to pay will be issued and must be discharged by the defendant(s) within 10 days. If rejected, an authorisation for court proceedings will be granted.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these.
At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. It’s at times like this that you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another.
For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.
We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources that may be needed in your particular case. Our service is about you, the client and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves in our respectful and concerned approach to al of our clients.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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