Shoulder injuries can be a royal pain. Sometimes excruciatingly so. Car accidents, work mishaps, slip and falls – they keep us off work wondering how to pay the bills. It can take a long time for worker’s compensation to kick in or for insurance companies to pay after an accident.
How do you know you are getting what your shoulder injury’s worth? It depends on where it happens and who you choose as your personal injury attorney.
Shoulder Injuries on the Road
You’ve probably heard that I-93, especially that stretch in Mojave County, is the most dangerous road in the United States. Curvy State Road 88 isn’t a peach to drive, either, since it is mostly unpaved, and prone to flash flooding. Both roads are notorious for injuries and fatalities.
Shoulder injuries often are the result of your seat belt tightening, pinning your shoulder after the crash. Crashes suddenly jolt your body, especially when your car is hit by another car.
Common Types of Shoulder Injuries Due to Car Accidents
Most shoulder injuries resulting from car accidents happen abruptly through sheer physical force of impact. Chances are that your shoulder injury needs immobilization after your accident. Rehabilitation can take weeks or months. You may also need surgery for:
- Torn ligaments or tendons
- Fractured collar bone, shoulder blade, or upper arm (the humerus, which is anything but)
- Rotator cuff tears
Getting EMS to your location after an accident can take a while. You may be left alone with your shoulder injury, which can exacerbate the pain. Who’s going to compensate you for your pain and suffering?
Punitive damages are difficult to prove as some States’ Laws must establish that your injury happened due to an “evil mind.” However, you can still get money for medical bills, pain and suffering, and car repairs.
Shoulder Injuries at Work
Shoulder injuries from your workplace are often different than the acute injuries you can get from a car accident. Many times they occur over time. Repetitive movement injuries are one common example.
Pushing, pulling, being in awkward work positions, and using power tools that aggravate already sore shoulders with their vibrations are all ways that you can injure your shoulder overtime at work. Most of these shoulder injuries are soft tissue injuries.
- Muscle tears
- Rotator cuff injuries
- Shoulder fractures and dislocations
- Nerve impingement
Slips and falls are notorious for shoulder fractures and dislocations.
What Kind of Settlement Can You Get for a Shoulder Injury?
The average cash cost to have your shoulder arthroscopically repaired at a surgery center is going to be around $6,496. Outpatient hospital costs will set you back around $10,696.
Your settlement should cover:
- Medical treatment, care and expenses
- Lost income
- Car repair, if an auto accident
- Compensation for pain and suffering
Compensation for pain and suffering is different than punitive damages. Punitive damages are difficult to prove as some States’ Laws must establish that your injury happened due to an “evil mind.” However, you can still get money for medical bills, lost income, and car repairs if you suffered your shoulder injury during an auto accident.
Common Settlement Amounts
- Vehicle accident shoulder injury: $170,000 to $400,000
- Work-related shoulder injury: $125,000
These settlements are not representative of every shoulder injury case. Consult with your lawyer about your unique situation.
Personal Injury Law Terms You Should Know
Economic damages: medical expenses and loss of income, for example.
Non-economic damages: inconvenience, pain and suffering, and emotional distress.
Negligence is the failure of an individual to enact a degree of care that protects others from harm.
Statutes are written laws passed by either Federal or state legislatures.
Statute of Limitations is a law regulating the timeframe of an action. Policy Limits are limits placed upon a person’s insurance policy.
Why You Need a Lawyer
Lawsuits can be complicated. A personal injury lawyer from The Jones Firm has the background and knowledge to fight on your behalf to get you the maximum settlement you deserve for your shoulder injury whether it is from an accident or from work. Contact The Jones Law Firm’s personal injury attorneys today.
Frequently Asked Questions
Can Worker’s Compensation Pay for Auto Accident Shoulder Injuries?
Worker’s compensation can be used to pay if you were on the job performing your regular duties at the time of the accident. It won’t pay if you are driving to and from work from home or at lunch.
What Will a Claims Adjuster Look For?
Your claims adjuster will investigate your shoulder injury claim before evaluating it for settlement. Claims adjusters check to see if a claim is fraudulent. If your claim is viable, they check to see if it is covered by your insurance and what kind of payout may ensue. They also will liaison with your lawyer as needed.
If you were injured at work, then your case will likely fall under workman’s compensation.
What Can You Do to Bolster Your Case?
Evidence is key. Without proper evidence then your shoulder injury case may be rejected for compensation. Your lawyer will gather all the evidence that you need with your help.
Don’t wait too long to seek medical attention after your case. Sometimes personal injury symptoms present themselves after an accident. Your lawyer can help you understand the statute of limitations for your particular claim.
Keep your composure, be prompt to meetings, respond quickly to other forms of communication, and be selective about discussing your claim in public.
Remember, timing is everything.