Shoulder injuries can range from minor strains to debilitating conditions that require extensive medical treatment and rehabilitation. The value of a shoulder injury lawsuit settlement depends on a variety of factors, including the severity of the injury, the type of medical treatment required, lost wages, and pain and suffering. In this blog post, we will discuss the different factors that can impact the value of a shoulder injury case. Kinds and Severity of Injuries Shoulder injuries that result in long-term or permanent disabilities will have a higher settlement value than minor injuries that heal quickly. Below are different kinds of shoulder injuries and their severity:
- Rotator Cuff Injuries. The severity of a rotator cuff tear can vary depending on the size and location of the tear. Complete tears are typically more serious than partial tears and can lead to permanent disability.
- Shoulder Sprains and Strains. Shoulder sprains and strains are usually mild injuries that heal within a few weeks with rest, ice, and physical therapy. However, severe sprains and strains can damage nerves or blood vessels and lead to long-term pain and weakness.
- Shoulder Dislocations. Dislocations can be very painful and can damage the ligaments and nerves around the joint. In some cases, shoulder dislocations can lead to instability and arthritis in the joint.
- The severity of a fracture will depend on the location and type of fracture. Fractures that involve displacement of the bones or damage to nerves or blood vessels will typically be more serious.
- SLAP Lesions. SLAP lesions can cause pain, instability, and popping sensations in the shoulder. They are often caused by overhead activities such as throwing or weightlifting.
- Acromioclavicular (AC) Joint Separation. An AC joint separation occurs when the ligaments that hold these bones together are torn. AC joint separations can cause pain and tenderness at the top of the shoulder, as well as difficulty reaching overhead.
Your Medical Treatment
Medical expenses are a critical factor in calculating damages. The more severe the injury, the more likely it is that medical care will be required. Examples of medical treatment include surgery, physical therapy, and home exercises. It is important to complete all of the treatments prescribed by a doctor. If a person does not complete their treatment, the insurance adjuster may argue that the person was not injured or not as injured as they claim. Future medical care should also be considered. If a doctor anticipates future medical needs, these should be documented in medical records. The settlement value of a shoulder injury claim should include payment for necessary future medical treatment. In some cases, an attorney can help navigate the process of valuing future medical care.Your Medical Expenses and Damages
Medical expenses and damages are an important factor in determining the shoulder injury lawsuit settlement. They are categorized into two types: economic and non-economic. Economic damages are easily quantifiable losses. Medical expenses are the single largest item of economic damages in a serious shoulder injury case. Non-economic damage compensates for intangible injuries such as pain and suffering, emotional distress, and disability and disfigurement. These are more difficult to value than economic damages.Your Lost Income
Lost income is part of economic damages in a shoulder injury case. It also says that both past and future lost income should be calculated. Figuring past lost income is usually easy, but calculating future lost income, also called loss of earning capacity, is more difficult. In order to calculate future lost income, witnesses such as medical and vocational rehabilitation experts will need to be used to prove your inability to work and calculate your future earnings or loss of earning capacity, including any vocational training costs. An attorney can help you find these witnesses.Your Personal Characteristics
While the severity of the shoulder injury and the resulting medical costs are primary factors, there are also personal characteristics that play a role in determining the final settlement or verdict in a shoulder injury case. These include:- Your age and life expectancy
- Your occupation
- Your overall health and prior medical history
- Your general likeability
