If you have been injured as a result of someone else’s negligence you may be eligible for personal injury compensation by way of filing a personal injury claim. Various accidents and incidents may result in a shoulder injury and this could lead to filing a shoulder injury personal injury claim; this is a topic for discussion in this article.
According to one study [Common Shoulder Injuries - OrthoInfo - AAOS], approximately 7.5 million people visited doctors’ offices with regards to a shoulder problem that included shoulder and upper arm sprains and strains in 2006. Further, more than 4.1 million of those visits were related to rotator cuff problems. Shoulder injuries are often the result of activities that involve excessive, an overhead motion that is repetitive in nature. In personal injury cases, it is often related to work-related injuries, which may require the assistance of accident and injury lawyers.
Common warning signs that you may have a shoulder injury include the following:
- Stiffness of the shoulder
- Loss of range of motion
- A feeling that your shoulder could pop out or slide out of the socket
- Lack of strength in the shoulder to do activities you would normally be able to do
As with any personal injury case plaintiff, you are likely wondering how your shoulder injury value of a settlement or court award that you may receive. The reality is that it is difficult to make an accurate and precise determination of the dollar amount you will get as this mainly depends on the unique factors relating to your case. However, there are some common factors to be taken into consideration when valuing a claim relating to a shoulder injury.
Shoulder injuries often involve sprains, strains, or severing of tendons, ligaments, and muscles at the joint. However, fractures of the bone that meet at the shoulder joint are not uncommon. There are two medical categories that are assigned to shoulder injuries and these are:
- Instability - this is where one of the shoulder joints is forced out or moves from its normal position. It can result in one of the shoulder joints dislocating. It is associated with pain when one raises their arm and the individual may feel as though their shoulder is slipping out of place.
- Impingement - this is caused by the excessive rubbing of shoulder muscles with what is called the acromion. An acromion is the top part of the shoulder blade. Impingement often occurs during excessive overhead movements when carrying out activities. The excessive rubbing results in inflammation in the shoulder and if unchecked may lead to a more serious injury.
The two main factors that come into play in determining the value of a shoulder injury case are; the nature and extent of the injuries and losses suffered by the plaintiff and the chances that a jury will find the defendant liable for these injuries at trial.
When trying to estimate the plaintiff’s damages doing so accurately is difficult as some damages are easier to predict such as loss of income and medical expenses, while others are difficult such as pain and suffering.