Frozen shoulder is a condition that leads to long-term pain and stiffness of the shoulder joint. It can significantly impact the quality of your life and ability to work and carry out daily activities and could lead to feelings of frustration, anxiety and depression.
The condition can be caused by various factors, such as trauma from a road traffic collision or workplace accident, repetitive strain, or systemic diseases like diabetes. If another person caused your injury by acting negligently, you might be entitled to make a frozen shoulder compensation claim.
To find out if you have a valid frozen shoulder injury claim, enter your details into our online claim form or call 0800 678 1410 today to speak to a legal adviser. If you have a valid case, they will connect you with a no win no fee solicitor to help you secure the compensation you deserve.
What is a frozen shoulder injury?
Frozen shoulder is a debilitating condition that impacts the functionality of the shoulder joint and manifests through symptoms such as persistent shoulder pain, restricted mobility, and stiffness. It occurs when the tissue around the shoulder joint becomes inflamed and then thickens and tightens, causing pain and restriction of movement.
A frozen shoulder can develop after an injury or trauma, prolonged immobilisation, or due to certain medical conditions like diabetes and thyroid disorders. The symptoms of the condition typically progress through three stages:
- Freezing Stage: This initial stage is characterised by increasing pain and stiffness in the shoulder. It becomes difficult to move it, and the pain may worsen at night. This stage can last from a few weeks to several months.
- Frozen Stage: During this stage, which can last from several months to a year, the pain may improve, but the shoulder remains stiff, and movement is significantly limited. Daily activities become challenging, and the condition can have a significant impact on your quality of life.
- Thawing Stage: During the last phase, the shoulder gradually recovers its range of motion and becomes less painful. The recovery process can be slow, lasting from several months to years.
Frozen shoulder is usually diagnosed based on signs and symptoms alone, butt imagining tests like x-rays or MRI can help rule out other conditions affecting the joint. Treatment involves medications such as ibuprofen to reduce pain and inflammation. If the symptoms are severe or persistent, your doctor may recommend steroid injections, shoulder manipulation or surgery.
Physical therapy may also be necessary to help recover your range of motion and strengthen the muscles around the shoulder.
Can I claim frozen shoulder compensation?
If your frozen shoulder injury was due to someone else’s negligence, you might be entitled to compensation for your pain, reduced quality of life and financial losses. The easiest way to find out if you can start a frozen shoulder claim is through a free consultation with a legal adviser. They will ask you a few questions to determine whether:
- You were owed a duty of care by the party you hold responsible
- They breached their duty by committing an act of negligence
- That has led to an accident that resulted in your frozen shoulder
Your solicitor will be able to prove a duty of care by using legislation, such as:
- The Occupiers’ Liability Act 1957 for accidents on private premises such as shops or restaurants;
- The Health and Safety at Work etc. Act 1974 if you suffered an injury in the workplace;
- The Road Traffic Act 1988 if you were injured as a driver, pedestrian, cyclist or another road user;
If your case has merit, a personal injury solicitor will help you collect the evidence needed to secure frozen shoulder compensation, which could include:
- Medical records of your diagnosis, the treatments you received and your recovery prospects;
- Expert opinions from medical professionals who can assess the cause and severity of your condition, as well as provide insight into your future needs;
- Photographs or videos taken at the scene of the accident that caused your shoulder injury;
- An accident report, if the frozen shoulder resulted from an accident at work or in a public place. It can provide details about the circumstances surrounding the injury and may help establish liability;
- Statements from witnesses to the events leading up to your injury;
- If the frozen shoulder is work-related, employment records that demonstrate your job duties, working conditions, and any factors that may have contributed to the development of your injury;
- Financial documentation of any medical expenses, rehabilitation costs, lost wages, or other financial losses you have incurred as a result of your frozen shoulder.
Common causes leading to a frozen shoulder claim
A frozen shoulder can be due to several factors, including:
- A shoulder injury, such as a fracture, dislocation or rotator cuff tear
- Engaging in repetitive activities that strain the shoulder joint, such as overhead lifting, throwing, or repetitive arm movements
- Immobilisation of the shoulder for an extended period
- Certain inflammatory conditions, such as rheumatoid arthritis or bursitis, can cause inflammation and stiffness, leading to a frozen shoulder
- Underlying health conditions like diabetes, thyroid disorders and heart disease
Most claims for frozen shoulder compensation arise as a result of accidents caused by the negligence of another party, such as:
During a car accident, the forceful impact or collision can cause sudden trauma to the shoulder, resulting in damage to the surrounding tissues and structures. Likewise, other road users like pedestrians and motorbike riders may suffer trauma in an accident that could lead to the development of a frozen shoulder. If you were involved in a road accident, a solicitor can assess your circumstances, determine liability and help you seek compensation.
Jobs that require repetitive or excessive shoulder movements, such as lifting, carrying, or overhead reaching, can strain the back, neck and shoulders over time. That can result in inflammation and damage to the tissues surrounding the shoulder, leading to a frozen shoulder.
The condition can also arise from work-related trauma due to machinery accidents, impact from falling objects or falls from a height. If your employer did not follow relevant legislation and failed to take adequate measures to prevent your injury, they might be liable to pay you shoulder injury compensation.
Spills, wet surfaces, or inadequate cleaning and maintenance of floors can create hazardous conditions that may lead to a slip or trip. When a person falls and lands on their shoulder, it can lead to trauma and subsequent development of a frozen shoulder. If you were injured after a slip or trip, it is essential to report the incident to the relevant people, such as your employer or a property owner. If they have failed to take proper precautions to keep you safe from harm, you might be able to make a frozen shoulder claim.
Errors during shoulder surgery or procedures near the shoulder area can result in damage to the shoulder or the surrounding tissues. When a healthcare professional fails to properly diagnose a shoulder injury, such as a rotator cuff tear or shoulder dislocation, it can lead to a delay in treatment. Without timely intervention, your injury could worsen and result in the development of a frozen shoulder. Failure to provide appropriate treatment or rehabilitation following a shoulder injury can impede healing and cause further avoidable damage.
Many other accidents or incidents could lead to a valid frozen shoulder compensation claim. If you believe you may have grounds to start legal proceedings, call 0800 678 1410 or fill in our online claim form to receive a free consultation with an experienced legal adviser.
How much compensation can I claim for a frozen shoulder injury?
All claims for frozen shoulder compensation are unique, and the compensation payout awarded will differ for every case. How much you could receive will depend on several factors, such as the extent of your injury and its impact on your livelihood. Your solicitor will calculate your compensation amount based on two types of damages:
General damages cover the physical and psychological impact of your shoulder injury and will take into account:
- The physical pain and suffering caused by the injury and any subsequent treatment
- Limited mobility and reduced quality of life
- The mental anguish and emotional distress you suffered as a result
- Inability to carry out daily activities or pursue a hobby you enjoyed
General damages are subjective, non-tangible losses and can be difficult to calculate. They are based on historical cases and the guidelines published annually by the Judicial College. According to these, as a rough guideline, you could expect to receive between £8,000 and £13,000 in general damages if you make a successful frozen shoulder claim.
Special damages are added on top of general damages and take into account the financial losses and expenses you have suffered as a result of your injury. These are based on actual evidence such as receipts, invoices and pay slips and are usually easier to calculate. Examples of special damages include:
- Medical expenses for diagnostic tests and treatments
- Past and future loss of earnings
- Travel expenses for hospital visits
- Costs linked to help and assistance during recovery, even if provided by loved ones
- Physical therapy and rehabilitation
Your personal injury lawyer will accurately assess and pursue the maximum frozen shoulder injury compensation claim settlement on your behalf. You can also find more information about how much compensation you could claim by using our compensation calculator.
Time limits to make a frozen shoulder compensation claim
The Limitation Act 1980 sets a three-year time limit to begin a personal injury claim, starting from either:
- The date your accident occurred
- The date your condition was diagnosed
Although three years may seem like a long time, starting your claim as soon as possible is always advisable. That will make it easier to gather evidence and build a strong case to secure the frozen shoulder compensation you deserve. There are a few exceptions to the three-year claim limitation date:
- If the injured person is a child, there is no time limit for a parent or legal guardian to claim compensation for them. Once they turn 18, the injured child will have another three years to seek damages independently.
- There is no limitation date for a litigation friend to start a claim on behalf of someone who lacks the mental capacity to conduct legal proceedings.
- If your condition was due to a violent crime, you have two years from the date of the incident to claim criminal injury compensation through the CICA.
Start a No Win No Fee frozen shoulder injury claim
If your injury was due to a third party’s negligence, the solicitors we work with will be able to help you claim frozen shoulder compensation on a no win no fee basis. This service allows you to start a claim without paying any upfront legal fees or taking financial risks.
If your case is successful, your solicitor will receive a success fee deducted from your compensation for general damages and past financial losses. By law, the success fee is capped at a maximum of 25%, and it will be discussed and agreed upon before starting legal proceedings. If your claim fails, you will not have to pay a single penny to your solicitor.
Another benefit of the no win no fee agreement is that it also includes an insurance policy against the legal costs and expenses incurred during the claims process. If your frozen shoulder claim is unsuccessful, the After the Event (ATE) insurance policy will cover:
- The defendant’s legal fees
- Court and counsel fees
- Police and medical reports
- The cost of paralegal and other staff time
- Travel expenses associated with the claim
Claiming frozen shoulder compensation on a no win no fee basis gives you access to justice regardless of your financial situation and without taking any risks. You only pay anything if you win; otherwise, you will not incur any out-of-pocket expenses.
To find out if you have a valid frozen shoulder compensation claim, call 0800 678 1410 or request a call back. An experienced legal adviser will be able to assess your case and answer all your questions during a completely free consultation.