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, assess the impact on your life, and advocate for your rights.
We aim to ensure you receive the rightful compensation you deserve, helping you navigate legal procedures with confidence and safety.
The legal basis for your claim in Ireland
- Civil Liability Act 1961: Establishes the duty of care in negligence and the basis for personal injury claims in Ireland
- Personal Injuries Guidelines 2021 (Judicial Council): The current framework for valuing shoulder and soft tissue injuries, replacing the Book of Quantum
- Personal Injuries Resolution Board Act 2003 (as amended): Governs the PIRB assessment process mandatory for most personal injury claims before court proceedings
- Statute of Limitations (Amendment) Act 1991: Two-year limitation period from the date of the accident or the date of knowledge
Factors affecting the level of compensation
The Personal Injuries Guidelines specify several factors that will be considered 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 claimants daily life and leisure activities, it will impact the compensation.
- Impact on personal relationships: The injury’s impact on personal relationships and the claimants 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.
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-€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-€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.
Compensation Range
- 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 set out in 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 each case’s circumstances 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 result from the impact of a collision, especially in side-impact or rear-end collisions.
- Workplace accidents: Injuries can occur for various reasons, such as improper lifting of heavy objects, repetitive motions, slips, trips, and falls, or accidents involving machinery and equipment.
- Sports injuries: Shoulder injuries can occur during activities involving repetitive shoulder movements, sudden impacts, or falls. Common sports-related shoulder injuries may occur in rugby, football, tennis, and weightlifting.
- Slips, trips, and falls: Slip-and-fall accidents on public or private premises can result in shoulder injuries if a person lands on their shoulder or uses their arm to break the fall.
- Accidents involving defective products: Shoulder injuries can also result from defective equipment, tools, or design flaws that lead to accidents.
- Accidents in public places: Shoulder injuries may occur from hazards or dangerous conditions that cause people to fall or sustain traumatic shoulder injuries.
- Medical negligence: In some instances, shoulder injuries can result from 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 an accident occurs.
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, we would like to ask you for legal advice from our solicitor to help you 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 Injuries Resolution Board
The next step is applying to the Injuries Resolution Board (IRB).
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 IRB.
Examples of claims that IRB 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, IRB will notify the defendant(s), and they must indicate within 90 days if they consent to the evaluation of the claim.
If consent is given, the IRB will proceed with the assessment. If denied, the IRB will authorise court proceedings.
5. Claim assessment
The assessment process usually takes about 9 months.
If both parties accept IRB’s assessment, an order to pay will be issued, and the defendant(s) must be discharged 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.
To learn more about the statute of limitations for a personal injury claim, click here.
Frequently Asked Questions
How long do I have to make a shoulder injury claim in Ireland?
In Ireland, the general time limit for bringing a personal injury claim is two years from the date of the accident, or from the date you first knew (or ought reasonably to have known) that your injury was attributable to the accident.
This is set out in the Statute of Limitations (Amendment) Act 1991.
For injuries involving a minor, the two-year period does not begin until the person turns 18.
It is important to seek legal advice promptly, as gathering evidence and obtaining medical reports takes time.
Can I claim for a shoulder injury sustained in a road traffic accident in Ireland?
In Ireland, you can bring a personal injury claim for a shoulder injury sustained in a road traffic accident where another driver was at fault.
The claim must first be lodged with the Personal Injuries Resolution Board (PIRB) unless an exemption applies.
If PIRB cannot assess the claim, or if the assessment is not accepted by both parties, court proceedings may be initiated.
Shoulder injuries in road accidents can range from rotator cuff tears to fractures of the clavicle or humeral head, and the medical evidence supporting the claim will typically require an orthopaedic report.
What types of shoulder injuries qualify for a compensation claim in Ireland?
In Ireland, a range of shoulder injuries can form the basis of a valid personal injury claim, provided they arose from an accident caused by another party’s negligence.
Common injuries include rotator cuff tears, shoulder dislocations, fractures of the clavicle or shoulder blade, acromioclavicular joint injuries, and soft tissue damage to the muscles and tendons of the shoulder.
The severity of the injury and its impact on daily life and work capacity are the primary factors in determining the value of any claim.
How is the value of a shoulder injury claim calculated in Ireland?
In Ireland, the value of a personal injury claim for a shoulder injury is assessed under the Personal Injuries Guidelines 2021, published by the Judicial Council and replacing the former Book of Quantum.
The Guidelines set out bands of compensation for different categories and severities of shoulder injury.
In addition to general damages for pain and suffering, a claimant may recover special damages, including medical expenses, physiotherapy costs, and loss of earnings, that are directly attributable to the injury.
Does a shoulder injury claim have to go through the Personal Injuries Resolution Board before court?
In Ireland, most personal injury claims, including shoulder injury claims, must be submitted to the Injuries Resolution Board (IRB) before court proceedings can be issued.
The only exceptions are claims that fall within a specific list of exemptions under the Personal Injuries Resolution Board Act 2003, such as claims involving sexual abuse or certain workplace incidents.
PIRB will attempt to assess the claim; if both parties accept the assessment, the matter is resolved without going to court. If not, a court authorisation is issued, and proceedings may be brought.
