Dislocation Injury Claims

A dislocation is a very painful injury that forces the bone in a joint out of its typical position. It can affect any part of the body, but it most commonly involves the larger joints, such as the shoulders, knees, hips, and wrists.

In addition to severe pain, a dislocation can lead to various complications, such as nerve and blood vessel damage, muscle strain, and fractures.

There can be various causes of a dislocation injury, such as road traffic accidents, falls, sports injuries and workplace accidents. If another party owed you a duty of care and they breached it, causing your injury, you could be eligible to claim compensation for your pain, suffering and related financial losses.

To find out if you have a valid dislocation injury claim, get in touch with a personal injury solicitor today by calling free on 0800 470 0474 or entering your details to arrange a call back.

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Table of Contents

• What is a dislocation injury?
• Symptoms and possible complications of a dislocation
• Diagnosis and treatment of dislocations
• Can I make a dislocation injury claim?
• What accidents could cause a dislocated joint?
• Evidence needed to support a dislocation compensation claim
• Can I claim compensation on behalf of my child for a joint dislocation? 
• Time limits to start a personal injury claim
• How much compensation is a dislocation claim worth?
• Will my solicitor work on a No Win No Fee basis?

What is a dislocation injury?

A dislocation is an injury that can affect any joints in the body. A joint refers to any structure where two bones meet, such as the knee, shoulder, elbow, fingers and jaws and is made up of several components:

• Bones – These form the structure of the joint.
• Cartilage – A smooth, slippery tissue that covers the ends of bones, reducing friction and absorbing shock during movement.
• Synovial membrane – A lining that produces synovial fluid, which lubricates the joint and reduces wear on the bones.
• Ligaments – Strong bands of tissue that connect bones and provide stability to the joint.
• Tendons – These connect muscles to bones, allowing the joint to move when the muscles contract.

A dislocation injury occurs when one or more bones are forcefully pushed out of their usual position within a joint. This can affect all the other components of the joint, including the tendons, cartilage, nerves and blood vessels.

Dislocations are relatively common injuries that require immediate medical attention to reposition the bone and reduce the risk of complications and recurring dislocations.

Symptoms and possible complications of a dislocation

The most common symptoms of a dislocated joint include:

• Intense, sharp and severe pain, especially when trying to move it;
• The joint may appear visibly out of place, with a noticeable bump or irregular shape;
• Muscle spasms;
• Swelling and bruising due to inflammation and tissue damage;
• Loss of sensation or tingling caused by nerve damage;
• Being unable to move the joint.

If you have had an accident and you suspect you have a joint dislocation, you should seek immediate medical care. Prompt treatment is essential to ensure proper healing and reduce the risk of complications, which may include:

• Joint instability and increased risk of future dislocations;
• Damage to nerves, potentially causing long-term weakness or paralysis;
• Damage to blood vessels, which might result in tissue death;
• Ligament and tendon injuries;
• Bone fractures;
• Arthritis;
• Muscle strains;
• Chronic pain due to improper healing, joint instability or arthritis.

If you make a successful dislocation injury compensation claim, this will include all the long-term pain and suffering you suffered due to the injury or negligent medical treatment.

Diagnosis and treatment of dislocations

Your healthcare provider will diagnose your injury with a physical exam, looking for signs such as visible deformity, pain and swelling. They will also assess the range of motion and check for any signs of nerve or blood vessel damage, such as numbness or tingling. They may also order imaging tests such as X-rays, MRI or CT scans to confirm the diagnosis and look for complications such as fractures or soft tissue damage.

The most important treatment for a dislocated joint is putting it back in the correct position. In many cases, your doctor will be able to manually manipulate the bone back into place without the need for surgery (close reduction). If the dislocation is severe or there are complications, surgery (open reduction) may be required to align the joint properly. Depending on the affected joint, you may need other treatments, such as:

• Immobilisation with a splint, sling or brace;
• Medication such as ibuprofen or prescription drugs for pain relief;
• Physical therapy is used to restore strength, flexibility, and range of motion.

Can I make a dislocation injury claim?

If you suffered a dislocation due to someone else’s negligence, a specialist solicitor can help you claim personal injury compensation. Before they take your claim on, they will ask you a few questions to check whether:

• The defendant owed you a duty of care legally;
• They breached this duty by acting negligently, and this caused an accident;
• Your injury was caused by their negligence.

You do not have to worry about proving a legal duty of care. Your solicitor will establish liability by referring to the relevant legislation, depending on the circumstances of your accident. For example:

• The Road Traffic Act 1988 may apply if you have a road traffic accident;
• The Health and Safety at Work Act 1974 applies to workplace accidents;
• The Occupiers Liability Act 1957 is used to establish liability for accidents in public places such as shops and restaurants.

Once liability is established, your solicitor will help you gather supporting evidence and will contact the other party to engage in negotiations.

What accidents could cause a dislocated joint?

Among other causes, some common accidents that could lead to claims for dislocations include:

• Road traffic accidents. The impact of a car, motorcycle or bicycle accident can cause enough force to push a bone out of its position, particularly in the shoulders, hips or knees;
• Slips, trips and falls in public places. Falling awkwardly from a height or after a slip or trip onto an outstretched arm or directly onto a joint can result in claims for dislocated shoulder compensation and similar injuries;
• Accidents at work. Falls, machinery accidents, or being struck by falling objects at work can cause bones to move out of their regular positions;
• Criminal assaults. Violent actions such as being pushed, kicked or hit with an object can also lead to joint dislocations;
• Military accidents. Such injuries can also be the result of high-impact activities in military service or direct combat and may result in a compensation claim;
• Sporting accidents. High-contact sports or activities, such as football or skiing, can easily cause dislocations in joints like the shoulders or knees;
• Medical negligence during birth. Shoulder dystocia is a common birth injury that is caused by improper handling of the baby during delivery;
• Accidents caused by faulty products. Defective equipment, machinery or furniture can lead to accidents where joints are forcefully dislocated;
• Horse riding accidents. Falls from a horse can cause dislocations due to the impact, particularly in the shoulders or hips.

Evidence needed to support a dislocation compensation claim

You will need various types of evidence to claim compensation for a dislocated joint, which could include:

• Photographs of the accident scene are necessary to demonstrate its cause. Ideally, it would be best if you took these immediately after the accident before anything is moved;
• Photos of visible signs of the dislocated joint, such as deformity, swelling or bruising;
• A copy of an accident report filed with the responsible party will help show when and where the incident occurred;
• Statements from witnesses can help corroborate your version of the events if liability for your injury is denied. Thus, it can help if you ask for the names and contact details of any bystanders;
• If available, CCTV footage can be undeniable proof of how the events unfolded;
• A copy of your medical records and diagnostic tests, such as X-rays, will prove your diagnosis, the treatments you received and your prognosis;
• Your testimony of how the accident occurred, the pain and suffering you endured and how the injury has affected your daily life;
• You also need evidence of all the related financial losses you want to include in your claim.

Can I claim compensation on behalf of my child for a joint dislocation? 

Yes. If your child suffered a dislocation injury due to someone else’s negligence, you may be able to start a claim on their behalf. A personal injury lawyer will help you apply to the court to be named as their litigation friend and gather all the necessary evidence to secure the maximum compensation payout amount you can claim.

You will have various duties as a litigation friend, such as:

• Make decisions about the case that are in your child’s best interest;
• Take legal advice and instruct solicitors;
• Sign legal documents;
• Consider any compensation offers from the defendant;
• Pay any fees requested by the court.

If your dislocation injury claim is successful, you must go to an Infant Approval Hearing in court, where a judge will examine the available evidence and determine whether the negotiated settlement is fair. Once approved, you can transfer the money to a personal injury trust and manage it until your child turns 18 and can access the funds.

Time limits to start a personal injury claim

Under the Limitation Act 1980, you typically have three years from the date you suffered a dislocation to make a personal injury claim. If you do not start the injury claims process within this time limit, your case will no longer be valid. A few exceptions apply to this rule:

• You can make a child injury claim at any time, regardless of when they had an accident. The three-year limitation date will only start once they turn 18 and can represent themselves (unless a claim has already been made on their behalf).
• If someone lacks their mental capacity, a litigation friend may be able to claim on their behalf at any time. This could be due to brain trauma, Down syndrome or another similar condition.
• You have two years to claim compensation through the CICA if you suffered an injury due to an assault or another violent act.
• You can start a claim through the AFCS within seven years of your military accident.

In every case, the sooner you seek legal advice, the better. This way, evidence to support your claim will be more readily available, and you will have a better chance of obtaining compensation for a dislocation injury.

How much compensation is a dislocation claim worth?

The amount of compensation you could receive for a dislocated joint will depend on the affected body part and its impact on your life. Your solicitor will work hard to secure the maximum compensation you can claim, which will include two types of damages:

General damages aim to compensate for the subjective way in which the injury has affected you. They do not have a specific monetary value attached to them and may include:

• Physical pain and discomfort
• Mental and emotional suffering
• Loss of ability to engage in your usual hobbies and activities
• Chronic pain and other long-term effects

Special damages compensate for related monetary losses and expenses that can be precisely calculated based on receipts, payslips and other financial documents. These include:

• The cost of private medical treatments
• Rehabilitation and physical therapy
• Lost wages during recovery
• Travel expenses to medical appointments

Based on our compensation calculator and the guidelines from the Judicial College, you could receive:

• £12,800 to £48,000 for a dislocated shoulder compensation claim
• £15,000 to £43,500 for a dislocated knee
• £6,000 to £131,000 for a dislocation injury of the hip or pelvis
• Up to £27,000 for ankle dislocation claims
• £3,500 to £32,00 for a dislocated elbow

Will my solicitor work on a No Win No Fee basis?

If you are entitled to dislocation injury compensation, your solicitor will offer you a no win no fee agreement. They will work on your case without asking for any upfront payments, so you do not risk any financial losses if your case is unsuccessful.

Under this type of arrangement, you only pay your solicitor a success fee if and after you are awarded compensation. Otherwise, you will not be charged a single penny. The success fee is agreed upon from the beginning and capped at 25% of your payout.

As part of this service, you will also benefit from After the Event (ATE) insurance against other costs and disbursements. If you lose the claim, the ATE will cover all your costs, so you will not be left out of pocket, including:

• Police and medical reports
• Court and counsel fees
• Costs of printing, copying and paralegal
• Expert witness fees
• The defendant’s expenses and solicitors

For legal advice on how to make a claim for compensation and how much your injury could be worth, call 0800 470 0474 today or enter your details into our online claim form to request a call back.