INJURY*

Shoulder Injury Claims*

Shoulder injuries can differ in both the type of injury and cause and can happen on the road, in a public place or at work. In some cases, these injuries can lead to the injured being unable to work and carry out simple everyday tasks.

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What are Common Shoulder Injuries*?

Shoulder injuries can happen on the road, in a public place or at work. In a car accident, your shoulder could be damaged on impact, in a public place, it is generally a slip and fall accident* that causes the injury and at work, slip and fall claims* repetitive strain injuries are the most common. Some of the most common shoulder injuries are:

  • Frozen Shoulder
  • Dislocations
  • Rotator Cuff Disorders
  • Osteoarthritis
  • Ligament Injury
  • Bursitis
  • Separated Shoulder
  • Fractured Collarbone
  • Muscular Injuries
  • Chipped Bones
  • Sprains
  • Repetitive Shoulder Injuries
  • Injuries affecting Brachial Plexus

What are the Causes of Shoulder Injuries?

In a Public Place

Accidents in a public place* can be quite common can lead to several injuries being sustained. In these cases it is often the owner or manager who is seen as liable for the accident. They have a duty of care to provide a safe working environment for all visitors to the premises and are required to ensure that there is no hazard which could potentially lead to an injury being sustained. If there are risks identified that cannot be dealt with in a timely manner there should be a warning sign in place to make people aware of this. This is a very important step in the prevention of accidents. 

Common causes of shoulder injuries in a public place* can include;

  • Slipping and falling on wet floors or spillages where there were no warning signs in place. This can happen in various locations such as shops, restaurants, supermarkets, pubs or bars.
  • Uneven surfaces can also lead to slip and fall accidents.
  • Spillages which have not been cleaned up in a timely manner. This is one of the most common causes of accidents in a public place.
  • Inadequate lighting which can make it difficult for people to see what is around them.
  • Hazards which have been left on the floor can cause people to trip and sustain a shoulder injury.
  • Poorly maintained pathways and facilities
  • Broken handrails

In the Workplace

Accidents at work are very common and employees can sustain various injuries throughout their employment. Employers are responsible for the health and safety of their employees during the course of their work. They are required to carry out frequent risk assessments which help them to both identify and eliminate hazards which could potentially lead to an injury being sustained. Employees should be made aware of the results of these assessments. It is also important that employees know about the health and safety regulations which are in place as this can help to prevent accidents. Untrained employees are more likely to sustain an injury as they may not be carrying out their work in a safe manner. 

Common causes of workplace shoulder injuries include;

  • Slips and fall on equipment or tools which have been left on the floor.
  • Inadequate training provided to employees.
  • Lack of personal protective equipment provided to employees which is needed for their work.
  • Poor manual handling techniques and training
  • Incorrect tools being used for their work
  • Failing to provide a safe working environment
  • Repetitive strain injury can lead to shoulder injuries if left untreated.
  • Falling from a height
  • Poor lighting in the workplace

In such cases, liability may rest on the employer if it is proven that they did not provide a hazard free working environment.

On the Road

On the road there are many scenarios whereby a person could experience a shoulder injury because of another person’s actions/inactions. In these cases where you can prove that your injury could have been avoided if the other party had not acted negligently, you may be entitled to pursue legal action. 

Some examples of road traffic accidents* involving an injury to the shoulder have been:

To make a claim for a shoulder injury* you must be able to prove that it was caused by another person. A solicitor can help you in gathering all relevant evidence to prove liability.

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We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Being that mine was a sensitive and personally hard case, I found Paul and his vastly experienced team exceptional.
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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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