Does The Severity Of Injury Affect the Average Settlement for Shoulder Surgery?
After a car accident, shoulder pain can range in severity and signal different types of injuries. While you may be experiencing little pain, that does not necessarily mean your injury is not serious. Any injury can worsen without proper medical attention. Make sure you receive proper medical care for any pain, stiffness, or unusual feelings after your car accident.
Shoulder pain after a car accident can indicate many different levels of injury severity. Your pain may not appear or grow worse until hours or even days after the accident. Whiplash, a common car accident shoulder and neck injury, is very common. If you experience intense or lasting shoulder pain after your car crash, you could be suffering from whiplash or another serious injury. Do not ignore your pain!
If you suffer from lasting pain, your car accident shoulder settlement may include additional damages. One type of damage you claim may be for your pain and suffering. A local car accident attorney will recognize if you have a claim for pain and suffering. If you do, your attorney will be able to fight for a higher than average shoulder injury settlement amount. This is one of the reasons that hiring a lawyer is crucial to receiving the maximum settlement.
Does Pain and Suffering Require Lasting Shoulder Pain After A Car Accident?
After your car accident, one of the best things you can do for your case is to leave a trail of documentation. A collection of medical records, insurance reports, and police paperwork is important. These link your shoulder injuries to your car accident and will improve your case. If your lawyer can show through documents that you sustained a shoulder injury in the car accident, you have a more solid claim for pain and suffering.
Pain and suffering laws and regulations vary from state to state. Some states do not allow pain and suffering claims, and other states may cap the total amount awarded. Additionally, some states may require proof that the other driver was at-fault for the crash. A local lawyer will know how the laws of your state will affect your claim for pain and suffering after receiving a shoulder injury from a car crash.
What Are The Maximum Compensation Amounts?
Every state has different laws surrounding injury settlement payments. Many states have a maximum cap on the amount you can receive from your car accident compensation settlement. However, your case may be worth more than you believe. An experienced car accident attorney will review the details of your claim and fight with the insurance company to settle out of court. This will help you receive your shoulder injury compensation as fast as possible.
Additionally, different types of injuries may have different compensation caps. This may be dependant on the local laws. For example, the average rotator cuff injury settlement is close to $70,000. This is versus the average of other types of shoulder injuries, which trend higher. The severity and number of your symptoms will play a large part in what your shoulder injury case may be worth.
Examples of Real Shoulder Injury Cases
The national average for shoulder injury compensation amounts to just over $90,000. Depending on the variables of your specific case, your shoulder injury may be worth more or less. Your lawyer will work with you to identify which factors of your case work in your favor. A lawyer will help you settle for the largest shoulder injury settlement possible.
To get a clearer picture of what your compensation may end up looking like, here are some examples of real cases of shoulder injury settlements:
- $200,000 awarded for a shoulder injury where the at-fault party made an illegal U-turn.
- $98,000 settled for a severe shoulder injury including a torn rotator cuff and several torn tendons.
- $230,000 for the victim of a car accident involving a serious rear-end. The victim had to undergo several shoulder surgeries to make a complete recovery.
- $98,000 for a motorcyclist who suffered permanent shoulder injury after a driver changed lanes without warning.
- $36,000 shoulder injury compensation amount for an accident with injuries to both parties (including a torn rotator cuff) and an uninsured driver.
More Compensation Examples
Keep in mind that not all shoulder injury settlement cases are the same. The following cases received a much lower total compensation amount for various reasons. These examples show that hiring experts to help fight the insurance company for you can be a game changer. Additionally, they show that not every case has the factors (injury type, symptoms, the specific situation of the crash) to reach the highest levels of shoulder injury compensation.
- $400 awarded to a plaintiff with a shoulder injury. But a lack of medical paper trail to 100% prove the injury was a result of the accident.
- $1,500 settled for a severe shoulder injury where the injured party was at-fault for the accident.
- $3,400 shoulder injury compensation amount where a case went to a jury trial. The total amount awarded was later raised to $5,000 through an agreement between the plaintiff’s lawyer and the insurance company.
Above all, keep in mind there is not a truly “typical” case. There are a variety of factors that go into determining how much your shoulder injury is worth. When you hire a local lawyer, they will have a clearer picture of how much injury compensation you may expect.
How Do I Get The Highest Compensation Amount?
Some of the biggest questions after receiving a terrible shoulder injury in a car crash are how will I pay for my medical bills, time off work, and my car damages? Many survivors of car accidents rightfully want to know how to get the highest compensation amount for their injuries. By knowing your rights and the most common insurance company tricks, you can prepare to reach a settlement that helps you recover after your shoulder injury.
- Document everything. Make sure you keep track of all paperwork involved with your car accident. Photos from the scene, copies of medical records, treatment costs, and bills can all help an experienced lawyer fight for the highest settlement possible.
- Start the process as soon as possible. It can take many months to see the first payment from a shoulder injury compensation settlement. The sooner you make it clear to the insurance companies that you will be seeking compensation for your injuries, the more serious your claim will look to a potential jury.
- Seek the advice of an attorney. It may be tempting to file your own claim to save money. But if your claim involves serious or lasting injury, it is always worthwhile to speak to an attorney. An attorney familiar with local laws surrounding injury compensation will be able to determine what your case may be worth. A lawyer’s experience will be useful when it comes time to negotiate with the insurance companies.
- Be clear about the details of your accident. Make sure you tell a consistent story of your car accident and the symptoms of your injuries. If your case were to go to trial, consistency can help prevent your story from being presented differently to the jury. At the same time, this is why pictures and video from the scene of the accident can be powerful in negotiating for the highest compensation possible.
Find an Experienced Shoulder Injury Lawyer
Above all, know that the insurance companies are not your friend. In the event of a car accident that results in a shoulder injury, the insurance companies of both parties will look to payout as little as possible. This applies even if serious injury occurred. Therefore you will need to advocate for yourself, hire a good attorney, and be persistent. This is the path to secure the highest shoulder injury compensation possible. The peace of mind in knowing you can expect compensation for your pain and damages is priceless.
Reach out to us today to discuss your case. We will be happy to help put you in contact with an attorney who will get you the compensation you need after a car accident shoulder injury.
Some states require an at fault party for certain types of claims. However, being found to be liable does not necessarily mean that you can not receive compensation from your insurance company. Even if you are at fault for your car accident, if you suffered a severe shoulder injury it may be worth it to talk to an attorney. They would be able to determine if your insurance and local laws would allow you to file a claim.
Generally, shoulder injuries that require surgery are more severe and may result in lifelong issues. The severity of your symptoms is a large factor in determining what your compensation may end up being. The average settlement for shoulder surgery cases is over $70,000. However, each car accident and injury is different. Your case may be worth more or less depending on other factors, liability, and local law.
Each injury compensation payout will have a different timeline. For some victims, it can take months or even years to start seeing compensation payouts. Starting the claim process as quickly as possible helps. However, an attorney will work with you to help determine what compensation payout will look like for you. They will be able to argue to the insurance company if you urgently need compensation to pay for medical bills, property damage, or other outstanding debts caused by your accident.
Without the help of a lawyer, all of the paperwork associated with filing your claim will be on you. Additionally, much of the work that goes into quickly settling car accident cases involves experience and negotiation. While tracking down all the necessary information and filing your own claim is possible, it means that you could be leaving money on the table. Rules and regulations surrounding car accident compensation can be complex. An attorney will know exactly how to argue that you are entitled to compensation.
In the event that your case goes to trial, a medical “paper trail” helps show jurors that your shoulder injury is due to the car accident and has had lasting impact on your life. It is hard to argue that someone who has records of seeking medical attention for a consistent shoulder injury is not entitled to compensation from an insurance company.
Even if your case is settled out of court, your attorney will be able to use your medical records during negotiation with the insurance company. Because insurance companies want to pay out as little as possible, negotiation is a huge part of getting what your case is worth. With medical records, your attorney will be able to fight for the highest shoulder injury compensation possible.
The number and severity of your symptoms will be a determining factor when it comes to valuing your claim. If you are experiencing the symptoms of both whiplash and a shoulder injury, you may be entitled to a higher compensation. Because severe cases of whiplash can result in shoulder pain, it’s important to see a doctor for any shoulder or neck pain you experience after your accident. With a proper diagnosis, you are more equipped to advocate for the highest shoulder injury payout possible.
Sometimes, even serious injuries may not present symptoms immediately after a car accident. If you begin to experience shoulder pain within a few days of your accident, seek medical attention immediately. Do not skip getting a proper diagnosis and treatment. Not only will early diagnosis of your injury be critical for your health, but it starts a paper trail that will be useful when filing an injury compensation claim. For example, it is much easier to convince a jury that you have a legitimate injury if you can show them six months worth of medical records.