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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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:
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;
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;
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, 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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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.
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:
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.
The most important document needed to prove your injuries is your medical 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.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your 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 to 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.
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 on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, 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 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.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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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 are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
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 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.
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 LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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