Shoulder injuries range from a soft-tissue sprain that settles in a few months to brachial plexus injury that leaves an arm permanently weak and painful. The Judicial College Guidelines 17th edition (April 2024) runs a four-tier shoulder bracket - severe, serious, moderate, minor - and treats brachial plexus injury as a separate, more highly-valued category. Rotator cuff injury is extremely common in our caseload, often undervalued by claimants who don't realise that chronic rotator cuff symptoms can support a substantial moderate-bracket claim.
Casibus works with SRA-regulated personal injury specialists on a no win, no fee basis. Every case depends on its evidence.
JCG 17th edition shoulder injury brackets
Severe shoulder injury
Often associated with neck injury and involving damage to the brachial plexus, with significant disability. Severe brachial plexus damage is treated separately (see below). The severe shoulder bracket (non-plexus) is typically in the low-to-mid-five-figure range.
Serious shoulder injury
Dislocation of the shoulder and damage to the lower part of the brachial plexus, causing pain in shoulder and neck, aching in elbow, sensory symptoms in forearm and hand, and weakness of grip. Mid to high four-figures to low five-figures.
Moderate shoulder injury
Frozen shoulder with limitation of movement and discomfort, with symptoms persisting for about two years. Mid four-figures to low five-figures.
Minor shoulder injury
Soft-tissue injury with considerable pain but almost complete recovery within about a year. Duration drives position within the bracket.
Brachial plexus injury - a distinct, much higher category
The brachial plexus is the network of nerves from the lower cervical spinal cord, running through the neck and under the collarbone to supply the shoulder, arm and hand. Traction injury - common in motorcyclists thrown from a bike, or in obstetric shoulder dystocia - produces weakness, sensory loss, and often severe chronic neuropathic pain in the affected arm. JCG values plexus damage in its own tier, with severe damage producing a general-damages figure in the mid-to-upper-five to low-six-figure range. Erb's palsy (obstetric brachial plexus injury) is a recognised clinical-negligence scenario - see birth injury claims.
Common clinical patterns we see
- Rotator cuff tear - overhead reaching injury, fall-on-outstretched-arm, manual handling. Can be partial or full-thickness. Full-thickness tears often need surgical repair. Residual weakness and reduced range of movement are common.
Routes to a shoulder injury claim
- RTA - motorcyclist thrown from bike (classic brachial plexus mechanism); car-occupant shoulder-strap injury; cyclist-struck. See road traffic accidents and motorcycle accident claims.
Special damages in shoulder claims
- Physiotherapy (private rates).
