A dislocated joint could be a painful injury and may affect any of the numerous joints in the body. They could cause loss of movement, deformity, numbness and tingling. An injury such as a dislocated shoulder could take up to 12 weeks to recover from. During this time you may not be able to work or participate in other activities as you would have before. If your injury was caused by another party’s negligence, you could claim dislocated injury compensation.
In this guide we look at what a dislocation injury is. We then move on to looking at circumstances in which you could make a personal injury compensation claim. Our guide then includes information on how to make a claim and how compensation may be calculated. Following this, you can find out how criminal injury claims work and how a No Win No Fee solicitor could help you.
Please contact our team to find out how one of our solicitors could help you make a dislocation injury claim.
- Phone our team today on 0800 073 8801.
- Start a claim by completing our contact form.
- Get advice using our live support.
Browse Our Guide
- What Is A Dislocation Injury?
- Can I Claim Dislocated Injury Compensation?
- How Do I Claim For Dislocation Injuries?
- How Much Dislocated Injury Compensation Could I Receive?
- Can I Claim For A Dislocation Injury Caused By An Assault?
- Make A Dislocation Injury Claim On A No Win No Fee Basis
- More Resources About Claiming Personal Injury Compensation
What Is A Dislocation Injury?
The dislocation of a joint is where the bone or bones of a joint are forced partially or fully out of place. Dislocation injuries may be painful and may leave you unable to use the joint and other body parts. They can also leave you with (temporary) physical deformities. In some instances, they may also cause a fractured or broken bone.
Common joints to be dislocated include the fingers and shoulders. However, the hips, knees and elbows, as well as other joints, may also be forcibly dislocated. A dislocation may be the result of trauma, such as that caused by a road traffic accident or a fall.
The symptoms of a dislocated joint could include:
- Visible deformity of the joint, such as it being visibly out of place.
- Loss of movement and pain in the joint.
- Swelling, discoloration, numbness and tingling in the joint and surrounding area.
Next, we look at different types of dislocation injuries you could suffer.
What Types Of Dislocation Injuries Could I Claim For?
Types of dislocation injury may include:
- A complete dislocation (luxation). Here, the bones which make up the joint are completely separated and pushed out of place with each other.
- A partial dislocation (subluxation). Here, the bones are partially dislocated but still touching.
- Open dislocation. This is a medical emergency where the joint has moved out of place and has broken through the skin.
- Closed dislocation. The joint has moved out of place, but does not break the skin.
You may suffer dislocations such as:
- Ankle dislocations,
- Collarbone dislocations,
- Elbow dislocations,
- Finger dislocations,
- Foot (including a dislocated toe),
- Hip/ pelvic dislocations,
- Jaw bone dislocations,
- Knee joint or kneecap dislocations,
- Shoulder dislocation,
- Wrist dislocation.
Injuries such as a dislocated wrist may also include a fracture. If you have suffered any of the dislocation injuries discussed in this guide please contact our team. Our solicitors are experienced in handling dislocation injury claims.
Can I Claim Dislocated Injury Compensation?
In order to make a dislocation injury compensation claim, you need to show that a third party was responsible for your injury. You must show that:
- The third party had a duty of care to you.
- They were in breach of this duty.
- You sustained a dislocation injury as a result of this.
In the following sections, we briefly look at some examples of how this type of injury could be caused by someone else’s negligence.
Road Traffic Accidents
All road users have a duty of care to others on the roads. They must adhere to The Highway Code and Road Traffic Act 1988. They should ensure that they use the road safely and do not place themselves or other road users in danger.
A dislocation injury may be caused by:
- A driver not checking their mirror before pulling out at a junction. They may strike a motorcyclist. This could cause a dislocated shoulder and other serious injuries.
- A reversing injury could be caused if a driver fails to check their mirrors before reversing out of a driveway onto the road. They may strike a pedestrian and cause a dislocated ankle.
Accidents At Work
All employers have a duty of care to employees and workers. They must take reasonable steps to to protect the heath, safety and welfare of those they employ. This duty of care is set out in the Health and Safety at Work etc. Act 1974. If your employer failed to comply with relevant health and safety legislation, you could be able to make a claim.
Examples of accidents at work could include:
- An employer failing to put in place proper safety procedures and personal protective equipment for those working at heights, such as when working on a roof. If you subsequently fell, you could suffer a dislocated ankle or similar injury.
- You could be injured in a forklift accident at work if proper safety procedures are not put in place or observed. This could cause you to be struck by a lift truck and suffer a dislocated knee or shoulder.
Accidents In A Public Place
Under the Occupiers’ Liability Act 1957, those in control of a public space (known as the occupier) have a duty of care. They must take steps to make sure that visitors are kept reasonably safe when using the space for its intended use. Examples of public spaces include leisure centres, shops, parks and other public facilities.
A dislocation injury could happen when:
- The occupier of a shopping centre does not address poor lighting on a staircase. A visitor may fail to see the steps properly and fall down, dislocating their shoulder.
- A supermarket is aware of a spillage on a floor and fails to either place a warning sign or clean it up. You could slip and fall, dislocating your wrist as you land.
Please contact our team to claim dislocated injury compensation.
How Do I Claim For Dislocation Injuries?
The first step to take if you have suffered a dislocated joint is to get medical treatment. It is important that you get any medical treatment you need to ensure that you have the best chance of making a recovery.
Your next step may be to collect evidence to prove that you meet the eligibility criteria outlined earlier in this guide. Evidence may include:
- Your GP health record or other medical records. These can be requested either from the NHS or the private healthcare provider who treated you.
- Video or photographs of the cause of the accident or the scene. If your injury is visible, you may also take photographs of this. If you were injured in a road traffic accident, you may secure footage from a dashcam which caught the accident taking place.
- Any official records or reports related to the accident. This could include a police report of a road traffic accident or logs in an accident book for an accident at work or in a public place.
- The contact information of anyone who witnessed the accident or incident take place. This person may later provide a witness statement. You may still claim if there were no witnesses.
Following this, you may then contact a specialist personal injury solicitor. This can be a crucial step as they could help with collecting any further evidence in support of your case. Please contact us to find out how we could help with your dislocation injury claim.
How Much Dislocated Injury Compensation Could I Receive?
A common question people have before making any type of personal injury claim is, “how much compensation will I receive?”. Your dislocation injury compensation claim will be individually assessed.
Your solicitor will take a variety of factors, such as what injury you sustained and how severe the injury is, when working out how much you could be owed. In addition, they will also ask how the dislocation injury has impacted you financially. This means that we can not say how much compensation you could be awarded before assessing your case.
To calculate compensation for pain and suffering, your solicitor and other party’s may use the Judicial College Guidelines (JCG). This contains guideline amounts for different types of dislocated joint injuries. The top entry in our table does not come from the JCG.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple and serious injuries. | Serious up to severe | Multiple injuries with the addition of special damages. | Up to £250,000+ with the inclusion of special damages. |
| Pelvic/ hip injury | Severe - A (1) | A dislocated lower back joint which requires a spinal fusion. | £95,680 to £159,770 |
| Pelvic/ hip injury | Severe - A (2) | Fractures and dislocation of the pelvis with additional effects. | £75,550 to £95,680 |
| Ankle injury | Moderate - C | Torn ligaments and injuries causing difficulty in walking on uneven ground. | £16,770 to £32,450 |
| Elbow injuries | Less severe - B | An elbow injury which does not need major surgery and which doesn’t cause significant disability. | £19,100 to £39,070 |
| Knee injuries | Moderate - B (1) | Dislocation and torn cartilage injuries fall into this category. | £18,110 to £31,960 |
| Knee injuries | Moderate - B (2) | Similar to the above injuries, but less serious. | Up to £16,770 |
| Shoulder injuries | Serious - B | A dislocated shoulder will fall into this category. | £15,580 to £23,430 |
| Shoulder injuries | Moderate - C | A frozen shoulder injury which limits movement. | £9,630 to £15,580 |
As discussed above, your dislocation injury claim could also take financial impacts into consideration. Financial losses you could claim for may include:
- Medical expenses, such as medical treatment, prescriptions and physiotherapy.
- Loss of earnings and other income. This may be due to taking time off work during your recovery or not being able to work.
- The cost of getting to and from appointments for medical treatment.
For an assessment of how much dislocated injury compensation you could claim, please get in touch with our team.
Can I Claim For A Dislocation Injury Caused By An Assault?
If your dislocation injury was caused by an assault you could claim compensation. Above, we have set out when you could make a personal injury claim. However, if your injuries were the result of an assault, you will need to make a criminal injury compensation claim.
Whilst criminal injury claims may be made against the perpetrator (the person who assaulted you), in general they may be made via the Criminal Injuries Compensation Authority (CICA). The CICA is an executive agency of the UK Government. Its purpose is to award compensation to victims of violent crimes in Great Britain.
You will need to meet the eligibility criteria, these are that:
- Your dislocation injuries must have been caused by a crime of violence. The Criminal Injuries Compensation Scheme 2012 includes examples of violent crimes.
- The assault must have taken place in England, Scotland or Wales. Or that it took place in a relevant place, such a boat registered in Great Britain.
- You have reported the assault to the police.
- You make the claim within the applicable time limit. In general this is two years from the date of the assault.
Criminal injuries compensation payouts do not follow the JCG guidelines above. Instead, they are calculated using the Criminal Injuries Compensation Scheme 2012 tariff. The tariff provides fixed amounts, meaning you will get the exact amount listed in the tariff for your injury.
Please get in touch with our team to make a dislocation injury compensation claim for an assault or other criminal injuries.
Make A Dislocation Injury Claim On A No Win No Fee Basis
Whether you suffered a dislocated shoulder, knee or other dislocation injury you could be eligible to claim compensation. If you are, a No Win No Fee solicitor could help you.
They will begin by assessing your case. If they think that your claim is valid, they may offer to handle your claim under a Conditional Fee Agreement, or CFA. This is a way for you to claim compensation without the need to pay for the solicitors services in advance. Instead, you will only pay their costs at the end of the claim if awarded damages. This is called a success fee.
The success fee is calculated as a set percentage of your damages. It is automatically deducted by the solicitor. The percentage which may be charged is capped by law, meaning you will keep the bulk of your payout.
If you suffered a dislocated joint due to another party’s negligence, you may be owed compensation. Please get in touch with our expert team today.
- Phone one of our advisors on 0800 073 8801.
- Complete our contact form to start a claim.
- Or use the live advice and support chat below.
More Resources About Claiming Personal Injury Compensation
In this final part of our guide, you can find further related guides and resources. We have included external references related to dislocated injuries.
- Find out more about knee injury claims in this guide.
- Read more about how to make an elbow injury claim here.
- Learn more about ankle injury claims in our guide.
External references:
- You can read more about soft tissue injuries, fractures and dislocations in this guide.
- Learn more about first aid for dislocated joints in this St Johns Ambulance guide.
- Check how Statutory Sick Pay is calculated in this government guide.
We hope our guide to making a dislocated injury compensation claim has helped you. Please contact an advisor to find out how one of our accident claims solicitors could help you.
