Human beings need healthy shoulders for everyday activities. Shoulder injuries can be painful and require extensive medical treatment.
If you’re nursing a shoulder injury due to someone else’s negligence, you might be curious about how shoulder claims are valued. A skilled shoulder injury settlement lawyer can review your injury to determine the value of your claim.
Common Types of Shoulder Injuries
Shoulder injuries can vary widely in their nature and severity, impacting mobility and daily activities. Here are ten common types of shoulder injuries:
Rotator Cuff Tear
This injury involves tears in the muscles and tendons surrounding the shoulder joint, often caused by overuse or trauma.
Shoulder Impingement Syndrome
Shoulder Impingement Syndrome occurs when the rotator cuff tendons rub against the shoulder blade. This often leads to pain and inflammation, commonly seen in athletes or those with repetitive overhead activities.
Shoulder Dislocation
A dislocation happens when the upper arm bone pops out of the shoulder socket. In many cases, shoulder dislocation results from sudden impact or force.
Shoulder Fracture
Fractures can occur in different parts of the body, including:
- The collarbone (clavicle)
- Upper arm bone (humerus), or
- Shoulder blade (scapula)
This injury can result from falls, accidents, or direct blows.
Labral Tear
The labrum is a cartilage ring that lines the shoulder socket. Tears in the labrum can occur from trauma or repetitive shoulder motion, causing pain and instability.
Frozen Shoulder (Adhesive Capsulitis)
Characterized by stiffness and pain in the shoulder joint, often restricting movement. It can develop after prolonged immobility, injury, or certain medical conditions.
Bursitis
Bursae are fluid-filled sacs that cushion the joints. Inflammation of the bursa (bursitis) can cause pain and swelling in the shoulder, typically due to repetitive motions or overuse.
AC Joint Injury
Injury to the acromioclavicular (AC) joint, which connects the collarbone to the shoulder blade, often due to falls or direct impact.
Shoulder Tendonitis
Tendonitis involves inflammation or irritation of the tendons in the shoulder, commonly the result of repetitive motions or overuse.
SLAP Tear
SLAP (Superior Labrum Anterior to Posterior) tears affect the top part of the labrum where the biceps tendon attaches. They can occur from trauma or repetitive overhead activities.
Factors Affecting Shoulder Injury Settlements
Shoulder injury settlements can vary significantly based on the following factors:
Severity of the Injury
The extent of the shoulder injury, ranging from minor strains to severe fractures or dislocations, directly impacts the settlement. More severe injuries typically result in higher compensation.
Medical Treatment Required
The type and duration of medical treatment needed, including surgeries, physical therapy, and medication, affect the settlement. Costs associated with ongoing care or rehabilitation also influence compensation.
Permanence of the Injury
Permanent disabilities or impairments resulting from the shoulder injury, such as limited range of motion or chronic pain, significantly impact the settlement amount. These factors are assessed for their long-term effects on the victim’s life and earning capacity.
Impact on Daily Life
How the injury affects the victim’s ability to perform daily activities, work responsibilities, and hobbies is considered. Significant impairments lead to higher compensation to address the impact on quality of life.
Lost Wages
Compensation includes lost wages and income if the shoulder injury causes the victim to miss work or results in reduced earning capacity in the future. Documentation of lost wages is critical in determining this factor.
Pain and Suffering
Non-economic damages such as physical pain, emotional distress, and mental anguish caused by the injury are factored into the settlement. This subjective assessment considers the severity and duration of suffering experienced by the victim.
Pre-existing Conditions
Any pre-existing shoulder conditions or injuries may affect the settlement amount. The impact of the current injury on pre-existing conditions is carefully evaluated to determine the extent of compensation.
Evidence and Documentation
The strength of medical records, expert testimonies, and other evidence proving the extent and cause of the shoulder injury is crucial. Detailed documentation supports the claim for higher compensation.
Liability and Negligence
If the injury resulted from another party’s negligence or misconduct, liability issues affect the settlement. Clear evidence of fault strengthens the case for maximum compensation.
Jurisdiction and Legal Standards
Laws and legal standards specific to the jurisdiction where the injury occurred influence settlement amounts. Understanding local regulations and precedents helps in negotiating fair compensation.
Certainly! Here’s an additional factor affecting shoulder injury settlements:
Insurance Coverage
The insurance policies involved, including the limits of liability coverage held by the responsible party or parties, impact settlement negotiations. Adequate insurance coverage increases the likelihood of securing a fair settlement to cover medical expenses, lost wages, and other damages resulting from the shoulder injury.
Shoulder injury settlements are complex and multifaceted, reflecting the unique circumstances of each case. However, the primary objective is to provide adequate compensation for the victim’s losses and suffering.
