Last updated on May 11th, 2022
Dislocations are where bones in your body are forced away from their normal position. They can be extremely painful and even after treatment can put you at risk of similar injuries later on. That risk can have a big impact on life as you may have to take precautions to reduce the chances of being injured again. If you’ve suffered a dislocation injury in an accident caused by somebody else’s negligence, you could have grounds to seek damages.
In this guide to claiming compensation for a dislocation, we’ll explain when dislocation injury claims might be possible, how personal injury claims are processed, how much compensation for a dislocation could be awarded.
If you decide to claim compensation for a dislocated joint, we could help. Our specialist advisors will begin by reviewing what happened with you. During your call, you’ll be given free legal advice about claiming compensation, and where there are sufficient grounds to proceed, we could refer your case to one of our personal injury solicitors. If they provide you legal representation, they’ll do so on a No Win No Fee basis. That means that as well as not having to pay your solicitor in advance, you won’t need to pay them if you are not compensated. In our experience, that will make your dislocation injury claim a lot less stressful.
To find out more about claiming compensation for a dislocation, please read the rest of this guide. However, if you are ready to take action right away, call an advisor on 0800 6524 881 to discuss your options now.
Table of contents
- What Is A Dislocation Injury?
- Am I Eligible To Claim Compensation For A Dislocation Injury?
- Evidence To Support Your Personal Injury Claim
- Common Causes Of Dislocation Injury Claims
- What Types Of Dislocations Could I Claim Compensation For?
- How Much Compensation For A Discloated Joint Will I Get?
- Compensation Amounts For Dislocation Injuries
- Time Limits For Making Your Claim
- Why Use A Personal Injury Solicitor To Claim Compensation For A Dislocation Injury?
Dislocation injuries are injuries that occur at any joints in the body, where two or more bones are joined together. These are typically ball and socket joints in which one bone has a smooth rounded head that fits into the smooth concave socket of the second bone. This allows the joint to move in a rotary movement within certain limits.
The shoulder, ankle, hips, knee and wrist are some of the ball and socket joints in the body. Any of these joints can become dislocated if one bone slips out of the joint. This can happen when there is a trauma to the area such as a severe blow to the joint if a cyclist is hit by a car or landing on an outstretched arm during a slip and fall on a pavement.
Whatever the cause of your dislocation injury, if it was down to somebody else’s negligence you may be able to file a dislocation injury claim for compensation.
Not every dislocation injury will lead to a compensation claim. Before a solicitor will take your claim on, they will need to check whether:
- You were owed a legal duty of care by the defendant; and
- As a result of the defendant’s negligence, an accident occurred; and
- You suffered a dislocation injury because of the accident.
If you’re not sure whether you’re owed a duty of care, don’t worry. It’s usually something that’s established by legislation. For example, if you dislocate your shoulder in a car crash, the Road Traffic Act 1988 might apply. Similarly, if you dislocate your kneecap in a fall at work, the Health and Safety At Work Act 1974 might be relevant.
The next step of the claims process is to prove who caused the accident to happen and the extent of your dislocation. This can be achieved with evidence. In the next section, we’ll look at what could be used.
When claiming for personal injury compensation for your dislocation, you’ll usually need to convince the defendant’s insurer why their client was responsible for your injuries. Additionally, you’ll need to prove that your injuries weren’t caused by another incident. To do this you could provide:
- Accident report forms. Following an accident at work or on business property, the incident should be recorded in an accident report book. You should be given a copy. This can be used to prove where and when your accident occurred.
- Medical notes. Any dislocation injury should be treated by medical professionals. Following treatment at a minor injuries unit or a hospital, you can ask for a copy of your medical notes and x-rays.
- Witness details. In cases where liability for your dislocation is denied, your solicitor could request a statement from any witnesses that may corroborate your version of events. Therefore, you should always ask anybody else who saw your accident for their contact details.
- Photographic evidence. To help demonstrate what led to your accident, you should take photographs of the accident scene. Where possible, and where it is safe to do so, you should do this before anything is moved.
- Camera footage. If your accident was caught on dashcam or CCTV cameras, you should act promptly to secure a copy of the footage.
- Financial evidence. Finally, it’s a good idea to retain receipts or invoices linked to any costs caused by your accident or injuries.
We offer a free assessment of your dislocation injury claim where an advisor will review any evidence you have managed to collect, so please do call today.
We are now going to look at some common causes of dislocation injury claims. Don’t worry if yours isn’t listed as we can’t list every possible incident here. So long as your dislocated joint was caused by somebody else’s negligence, you could be eligible to claim. Some examples include:
- If you dislocate your shoulder after slipping on a spillage in a petrol station or supermarket.
- Where you are knocked off a motorbike by another road user and dislocate your ankle.
- If you are assaulted and your jaw is broken and dislocated. Claims for injuries caused by criminal activity could be made through the Criminal Injuries Compensation Authority (CICA).
- If you dislocate a shoulder in a sporting incident caused by an unsafe pitch.
- When you dislocate your knee after being hit by a forklift whilst working in a warehouse.
Amongst other things, dislocation injury claims might be possible if you are involved in a:
- Road traffic accident.
- Accident at work.
- Slip, trip or fall.
- Public place accident.
- Criminal assault.
We could help with your claim for any of these incidents. If you would like to check if you’ve got the grounds to take action, please call our team today.
Let’s now take a look at the injuries that could lead to a dislocation injury claim. They include:
- Finger dislocations.
- Elbow dislocation.
- Shoulder dislocation.
- Jaw dislocations.
- Knee joint dislocation.
- Wrist dislocations.
- Patellar (kneecap) dislocations.
- Hip dislocation.
- Collarbone dislocation.
- Ankle dislocations.
- Foot dislocations.
The pain caused by dislocation can be eased once the bone is put back into place following medical treatment. However, the tissues around the joint will still be bruised, swollen or sore and cause ongoing pain for some time.
Most symptoms of a dislocation injury will manifest within minutes after the trauma.
Immediate intense pain is the first symptom that your joint may be dislocated.
The area also looks deformed, which is a sure sign that the bone has moved out of place. This visible deformity is accompanied by loss of motion as the joint cannot rotate or move when one bone has slipped out of place.
The swelling usually sets in within minutes of the dislocation. This actually protects the joint from further injury.
A dislocation injury should be treated as an emergency. Getting immediate medical treatment is crucial. If left untreated, a dislocated joint could result in permanent damage to your nerves, ligaments, or blood vessels.
The time taken to recover will depend on a number of factors including the size of the joint and the patient’s age, weight and general health. Physiotherapy and other treatment may also be used to reduce recovery times.
The amount of compensation (where successful) you could get for a dislocated joint will typically b two separate heads of loss:
- General damages form the part of your claim that focuses on pain, suffering and (loss of amenity explained here).
- Special damages are based on any costs, expenses or losses that you’ve suffered because of your injuries. A few examples include lost income, medical expenses and travel costs.
As part of your claim, you’ll usually need to visit an independent medical expert for an assessment of your injuries. They’ll usually meet with you locally to avoid excessive travel. During the appointment, you’ll discuss your dislocation and any other injuries from the accident before they are examined. Once the meeting has ended, a report will be compiled to explain your prognosis.
The compensation ranges for dislocations below are taken from the Judicial College and demonstrate what payout amount for various dislocation injuries may be available.
- Severely dislocated thumb injuries – Up to £7,780.
- Seriously dislocated shoulder injuries – £12,770 to £19,200.
- Moderate dislocated knee injuries – £14,840 to £26,190.
- Moderate dislocated neck injuries – £24,990 to £38,490.
- Severely dislocated neck injuries – £45,470 to £55,990.
- Severely dislocated pelvis and hip injuries – £61,910 to £130,930.
To check how much you could be entitled to claim, please call today.
If you decide to start a claim, you must do so within the prescribed time limits. In most cases, you’ll have 3-years from the date your dislocation occurred.
If a child has suffered a dislocation injury, the 3-year limitation period will not apply. In this scenario, a litigation friend can ask for damages on their child’s behalf at any time before they become 18-years old.
Our advice is to start the claim as soon as you’re able to. The sooner you begin, the easier you’ll find it to recall what happened. You’ll also give your solicitor plenty of time to carry out their tasks before filing your claim.
When dealing with insurance companies, it’s highly unlikely you’d be compensated unless you can clearly prove why their client caused your dislocation. This process might require lots of evidence and complex medical reports. We believe this process can be easier when you’ve got an experienced solicitor on your side.
If one of our personal injury solicitors processes your claim, they will:
- Review what happened in detail to fully understand the case.
- Collect evidence to help prove what happened and who was to blame.
- File the claim with the defendant.
- Arrange for medical reports to be produced.
- Deal with all communication so you don’t need to do so yourself.
- Keep you in the loop with regular updates.
- Try to counter any objections raised by the defendant on your behalf.
- Aim to achieve the maximum level of compensation for you.
All of these tasks will be performed on a No Win No Fee basis which will make the whole dislocation injury claims process less stressful.
Are you ready to start a claim today? If so, why not call our team on 0800 6524 881? We’ll explain your options and give free legal advice on making a dislocation injury claim right away.