Valuing a Claim: Shoulder Claim

If you have been involved in an accident, and you have a personal injury case involving a shoulder injury, it is likely you are wondering how that specific injury might impact on the value of your claim. This article will present key issues in a shoulder injury claim as well as examples of past personal injury insurance settlements and jury verdicts with respect to shoulder injury claims.

As with any personal injury claim, it is almost impossible to value with an exact dollar amount that claim. However, any dollar amount is largely dependent on the unique factors of that case. There are a few common factors that can be considered which assist in the valuing of a shoulder injury case. Below are some examples of past shoulder injury settlements and jury verdicts:

• $757,000 settlement for shoulder injury caused by car accident that resulted in loss of earning capacity.
• $65,000 verdict – plaintiff fell in a store and fractured various bones at the shoulder joint. The plaintiff required 60 physical therapy sessions and would continue to experience pain throughout her life.
• $0 verdict; finding for the defendant – for a plaintiff injured when struck by a car. A jury found that the plaintiff was under the influence of alcohol and stumbled into the street.
• $300,000 settlement for claims of suffering shoulder injury after a car accident. The injury involved tendons and rotator cuff, required arthroscopic surgery and 6 months of physical therapy.

It is important to realize that there are a variety of shoulder injuries with varying degrees of severity. Generally, shoulder injuries are experienced to the tendons, muscles and ligaments and not a bone itself. However, fractures of the bone that meet at the shoulder joint can and do happen. There are two broad medical categories assigned to shoulder injuries, these are:

• Instability – this is when one of the shoulder joints is out of alignment. This results in pain when someone raises his or her arm and/or involves a feeling of the shoulder slipping out of place.
• Impingement – this is when the shoulder muscles rub against the top of the shoulder blade. Impingement is typically a result of repetitive overhead arm movements.

Suing for a shoulder injury, like any injury case, basically means coming up with the best guess of what the jury might award the plaintiff, while also taking into consideration what the person being sued would be willing to pay ultimately. The two main factors in valuing the extent of the plaintiff’s damages are: the severity of the injury and how likely the jury is to find the defendant liable if the case goes to trial.

Estimating the plaintiff’s damages can be done with some degree of accuracy with respect to economic damages that have a dollar amount tied to them, for example, medical bills and lost wages. However, non-economic damages, such as pain and suffering, require an educated guess based on similar injury cases in the past.

For legal advice and representation, find a personal injury attorney Anchorage.