Shoulder injuries are common in car accidents, especially when drivers are hit from the side or front in an impact. The sudden jarring motion can strain or tear the muscles and tendons in the shoulder and upper arm. More severe crashes can even fracture bones or dislocate the shoulder joint.
These injuries can be extremely painful and lead to limited mobility in the arm and shoulder. Simple everyday activities like lifting objects, getting dressed, or reaching up become difficult. Something as basic as buckling your seatbelt could be impossible with a severe shoulder injury.
That’s why it’s critical to seek full and fair compensation if you suffer a shoulder injury in a car accident that was not your fault. The at-fault driver’s insurance policy should cover your medical expenses, lost income from missing work, and additional damages for pain and suffering.
This comprehensive guide will explain how to document shoulder injuries, calculate damages, negotiate an insurance settlement, and ultimately maximize your payout.
Determining Liability After a Shoulder Injury Accident
The first step is proving that the other driver was at fault and responsible for causing the collision. Their negligence must have directly led to your shoulder injury in order for their insurance to pay damages.
At-Fault vs No-Fault Car Accident States
In at-fault states, liability must be established – i.e. one driver must be proven negligent through evidence. But in no-fault states, both insurers initially split the costs, regardless of who caused the crash. However, you can still pursue additional compensation for serious injuries like a shoulder injury from the at-fault driver later.
Police Reports and Witness Statements
Police reports contain key details about factors that contributed to an accident, such as weather conditions, road hazards, traffic violations, and which driver was cited. Witness statements also provide impartial accounts of who was at fault.
Dash Cam and Surveillance Video Evidence
Video footage from dash cams, traffic cameras, and nearby security cameras can visually establish what led to the accident and who was at fault. An attorney can obtain and analyze these videos.
Proving the Driver’s Negligence
Examples of driver negligence that could cause a shoulder injury accident:
- Speeding or aggressive driving
- Distracted driving like texting or eating
- Disobeying traffic signals
- Reckless lane changes or turns
- Driving while impaired by alcohol or drugs
Documenting these factors through evidence can prove the other driver’s fault in causing your shoulder injury, allowing you to claim damages.
Documenting the Extent of Your Shoulder Injury
Thorough medical documentation is key to receiving fair compensation for both current and future costs related to your shoulder injury. Here’s what you need:
Seeking Immediate Medical Care
Get checked by EMS personnel at the accident scene if possible. Go to the emergency room or urgent care right away, even if you don’t think you’re seriously injured. Symptoms like pain, swelling, bruising, numbness, or loss of mobility could appear later if left untreated initially.
Diagnostic Testing
The ER doctor will order x-rays or MRIs to check for bone fractures, torn muscles and ligaments, separated joints, and other damage. These scans also provide proof of your injuries when negotiating a settlement later.
Physical Therapy and Rehab
Follow up with orthopedic specialists, physical therapists, occupational therapists, massage therapists, acupuncturists, or chiropractors as needed for pain management and recovery of shoulder function. Keep receipts and records of all visits and treatments.
Keep All Medical Records and Bills
Maintain precise files including emergency treatment, hospital and specialist bills, invoices for medications, therapy and rehab costs, and any assistive devices for your shoulder like slings or braces. This documentation will support requesting both current and future compensation.
Calculating Damages to Claim After a Shoulder Injury
There are several categories of shoulder injury accident compensation you can claim. Track expenses in each area using receipts, invoices, bank records, and pay stubs.
Medical Costs
This includes all bills for:
- Emergency room treatment
- Ambulance transportation
- Hospital or clinic charges
- Orthopedic doctors and specialists
- Surgery and anesthesia
- MRIs, x-rays, prescription medication
- Physical therapy
- Medical equipment like slings or braces
Lost Income
Calculate income you missed from time off work for doctor visits, surgery recovery, or reduced hours during shoulder rehab. Hourly wages or salary records prove lost income.
Pain and Suffering Damages
Compensation for physical pain, mental/emotional distress, loss of quality of life, and permanent disability or disfigurement if the injury does not fully heal. More severe injuries warrant higher payouts.
| Type of Compensation | Documentation Needed |
|---|---|
| Medical expenses | Bills, payment records |
| Lost income | Pay stubs, employer records |
| Pain and suffering | Medical records, testimony |
Getting an Accident Settlement for a Shoulder Injury
After thoroughly documenting your shoulder injury and calculating damages, it’s time to demand compensation through a settlement with the at-fault driver’s insurance company.
Hiring a Personal Injury Attorney
An experienced lawyer handles the negotiations and ensures the settlement adequately covers all current and future costs related to your shoulder injury. Attorneys also take legal action if the insurance company provides an insufficient offer.
Presenting Evidence to the Insurance Company
Along with your demand letter, the attorney presents police reports, medical records, bills, diagnostic test results, and other evidence. This documentation supports the requested settlement amount.
Options if the Settlement Offer is Too Low
If the insurer denies liability or makes a lowball offer, your attorney can take steps like:
- Sending a letter explaining why the offer is unreasonable
- Proposing a compromise settlement amount
- Filing a personal injury lawsuit against the at-fault driver
Having an attorney makes getting fair compensation more likely, but being ready to take legal action is key for maximizing your shoulder injury payout.
Key Factors That Determine a Shoulder Injury Settlement Amount
Every shoulder injury is unique, so settlements can vary greatly. These factors influence the potential payout value:
Severity of the Shoulder Injury
Minor shoulder sprains or strains may resolve in a few weeks with minimal treatment, while a displaced shoulder fracture requires surgery and months of recovery. More severe injuries warrant higher settlements.
Need for Surgery and Extensive Physical Therapy
Invasive procedures, arthroplasty, and prolonged physical therapy programs increase costs as well as general damages for pain and suffering. The insurance settlement needs to adequately cover both.
Duration of Treatment and Recovery Time
The longer treatment and rehab lasts, the higher the related expenses will be. Permanent injuries also lead to higher settlements to account for long-term medical needs and impact on quality of life.
Permanency of Injury and Loss of Range of Motion
Being left with chronic pain, stiffness, weakness, reduced mobility, disability, or arthritis greatly affects the settlement amount to compensate for permanent effects.
Impact on Quality of Life and Ability to Work
Severe shoulder damage can make simple everyday tasks difficult while limiting some people’s capacity to perform their job. Settlements must account for loss of independence and income.
Clear Liability and High Medical Costs
When the at-fault driver was clearly negligent and caused extensive injuries requiring costly treatment, insurance companies will offer larger settlements to avoid lengthy litigation.
Typical Shoulder Injury Car Accident Settlement Ranges
While every case is different, here are some general estimates based on past precedent:
- Minor Shoulder Sprains/Strains – Usually settle for $10,000 to $50,000
- Torn Rotator Cuff – Moderate tear with some surgery required, settlements from $75,000 to $150,000
- Shoulder Fracture – Bone fracture needing surgery and ongoing therapy averages $100,000 to $250,000
- Permanent Disability – Loss of shoulder function that impacts work and life activities can exceed $200,000+
Recovering adequate compensation for your shoulder injury involves proving liability, documenting damages thoroughly, negotiating assertively, and being ready to take legal action if needed. An experienced personal injury attorney handles these steps for you while you focus on healing physically and getting your life back on track after the accident.
Part 2: Maximizing Your Shoulder Injury Car Accident Settlement
Suffering a painful shoulder injury in a car accident that wasn’t your fault can be devastating. Along with dealing with doctors, medical bills, and insurance claims, you now face recovery time that disrupts your work, finances, family life, and daily activities.
That’s why taking proactive legal steps after your accident is critical to obtaining fair compensation for both current and future costs related to your shoulder injury. Here is what you need to do:
Steps to Take After a Shoulder Injury Car Accident
Seek Immediate Medical Attention
Get checked at the scene by EMTs and go to the ER promptly after the crash, even if you think it’s just a minor sprain. Delayed treatment makes injuries harder to document and claim later.
Report the Accident to Police and Insurance
File a formal report with responding officers and contact your insurer plus the at-fault driver’s. Provide details about your shoulder injury and keep records of all communications.
Speak to Witnesses and Gather Evidence
Ask witnesses for statements on what happened. Take photos of vehicle damage, skid marks, and the scene. Save relevant dash cam, surveillance, or traffic camera footage.
Consult a Personal Injury Attorney
An experienced lawyer handles demanding fair compensation from insurers, negotiating the best possible settlement, and taking legal action if needed.
Keep Detailed Medical Records
Maintain complete files of all diagnostic test results, treatment notes, physical therapy plans, medication lists, and expenses. This documentation is vital when seeking damages.
Choosing the Right Personal Injury Lawyer
Not all attorneys have expertise with car accident cases involving shoulder injuries. Look for:
Auto Accident Experience
Find someone who focuses specifically on vehicle injury claims, not general practitioners handling various types of cases. Ask about their track record with past shoulder injury settlements.
Strong Case Results
Do some research to verify if previous clients have been satisfied with settlement amounts the attorney secured. Large settlements can take cases to trial if insurance companies won’t be reasonable.
Local Experience
Hiring a lawyer familiar with injury laws and court procedures in your state and city is advantageous. Their established professional network can also aid your claim.
Clear Fee Structures
Most personal injury attorneys work on contingency fees – they only get paid if you receive compensation. Others charge by the hour. Get fee expectations in writing upfront before signing any agreements.
Maximizing Compensation Through Legal Action
If at-fault insurers deny paying damages or offer inadequate settlements, attorneys use legal avenues to pursue maximum payouts for shoulder injury victims:
File a Personal Injury Lawsuit
Lawsuits initiate lengthy litigation but force insurers to negotiate more reasonable settlements to avoid costly trials. Your lawyer handles filing paperwork, evidence gathering, legal arguments, and appearing in court if necessary.
Negotiate Higher Settlements Before Trial
Even after a lawsuit is underway, many insurers opt to settle out of court once they realize the strength of evidence proving their driver’s liability. Your attorney works to negotiate the maximum possible amount.
Take the Case to Trial
If settlement talks fail, experienced trial lawyers can win jury verdicts far exceeding initial offers. Juries tend to award higher damages when victims suffer severe, permanent injuries that greatly impact their lives. But a civil trial can take months to conclude.
Frequently Asked Questions About Shoulder Injury Settlements
How much is my shoulder injury claim worth?
Exact settlement amounts depend on injury severity, required treatment, liability proof, and impact on work/quality of life. Mild sprains could get $10k to $50k while permanent disability over $200k. An attorney will assess case value.
How long do I have to file a shoulder injury claim?
Time limits called statutes of limitation restrict injury claims, typically 1 to 6 years depending on the state. An attorney will know precise deadlines and ensure your claim is filed on time.
Should I accept the first settlement offer from the insurance company?
Probably not, as first offers tend to be intentionally low. With an attorney negotiating, you can counteroffer higher amounts based on documented damages. Accept reasonable amounts, but reject offers that are unfair.
Do I have to go to court to get compensation for my shoulder injury?
Not necessarily – many cases settle out of court. But your attorney can pursue litigation if needed to maximize your payout. Take the matter to trial if insurers refuse to be reasonable despite strong evidence of liability.
Will hiring a lawyer increase my shoulder injury settlement amount?
Yes, skilled negotiators can often get 2X or 3X more than unrepresented victims. Attorneys also effectively handle litigation if needed, while most individuals cannot manage the legal complexity on their own.
Key Takeaways
- Shoulder injuries from car accidents can require extensive treatment and limit mobility for months or permanently
- At-fault drivers must compensate you for all medical costs, lost income, and additional damages
- Seek medical care promptly, document your injury thoroughly, and consult an attorney
- An experienced lawyer will negotiate the maximum possible settlement for your situation
- Be prepared to take legal action if initial settlement offers seem unfairly low
- Keep precise records and follow your attorney’s guidance to recover fair compensation
With the right legal support, you can obtain the maximum settlement or court award you deserve after suffering a shoulder injury in someone else’s negligence car accident. Focus on your recovery now and leave the legal fight to a dedicated personal injury attorney.