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:
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.
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.
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.
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:
These personal characteristics should never detract from the central importance of the injury itself. However, they do factor into how insurance companies and juries assess the overall impact of the injury on your life.
If you have suffered a shoulder injury in an accident, see a doctor right away to get a diagnosis and discuss your treatment options. If your shoulder injury is severe, contact a personal injury attorney to help you maximize the value of your settlement.
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