Calculating the average settlement for shoulder injuries following an auto accident is difficult because every shoulder injury case is unique. What one client receives in compensation can be drastically different than what another client gets.
The type and severity of injuries, economic and non-economic damages, and other factors vary from case to case. Your auto accident attorney can help you add up the damages you’ve suffered from your shoulder injury. If necessary, they can fight for your rights during negotiations and in the courtroom.
What Factors Affect Recoverable Compensation Amounts?
Your damages will depend on the severity of your shoulder injury, in part. Some people may only sustain muscle stiffness and a strain that allows them to resume life as normal following recovery. Others might tear their rotator cuffs and have lasting damage that can impact their work and ability to enjoy life as they did before.
The Type of Shoulder Injury
A shoulder injury can impact many body parts that make up the shoulder area, creating different types of shoulder injuries. The affected parts could include:
- Clavicles (collar bones)
- Scapulae (shoulder blades)
- Rotator cuff (the muscles and tendons surrounding the shoulder joint that allow movement)
- Tendons, which promote movement and stability in the shoulder
- Humerus (upper arm bones)
- Shoulder muscles, including the trapezius (back shoulder muscles), deltoids (upper arm muscles), rhomboids (upper back muscles)
In addition to where the injury occurs or what body parts it impacts, different types of injuries can occur in the area, such as:
- Inflammation or bruising of the tendons
- Rotator cuff tears (either partial or complete)
- Broken bones
The Severity of the Shoulder Injury
After your accident, you should seek medical attention as soon as possible, even if you don’t feel that your injuries are serious. You’ll need an official diagnosis from a physician or other qualified medical professional to demonstrate the severity of your shoulder injury when filing your insurance claim.
The following are ways your physician and legal team can demonstrate the severity of your shoulder injury:
- X-rays, CT scans, and MRIs taken of the shoulder at various stages, including after the accident, during treatment, and during recovery
- Mobility and range of motion assessments at every stage of recovery
- Progression and treatment notes from physical or occupational therapy sessions
Your Treatment Needs
The types of treatment you need and the duration of your treatment can also demonstrate the severity of your shoulder injury. For example, someone who’s sustained a muscle sprain likely won’t need surgery. However, someone who’s suffered a serious shoulder blade fracture may need at least one surgery now or in the future.
Continuing treatment and proof of lasting complications (i.e. permanent loss of full mobility, persistent pain, etc.) can also be used to understand the severity of your injury.
Other Factors That Can Influence a Shoulder-Injury Settlement
While the primary factors used to determine an appropriate settlement focus on the injury itself, the other factors we use to calculate a worthwhile settlement include:
- Your age at the time of the accident
- Relevant medical history
- The type and severity of the accident that caused your shoulder injury
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What Damages Can You Recover for Auto Accident Shoulder Injuries
Here are some of the damages you can cover with a much-needed insurance settlement.
Accumulated and Future Medical Costs
You may have paid or unpaid bills for medical expenses. You may also have to pay more for future treatments that you don’t know you need. Your Texas shoulder injury lawyer can help you determine your current and future medical costs. This way, you get the most out of your settlement.
Lost Wages and Loss of Ability to Earn an Income
You’re likely to miss work during your initial recovery period after the accident. However, if your work involves a lot of movement and physical labor, you may need to take more time off to fully recover.
This can result in missing bills and drained savings. In addition, you may become unable to work due to short—or long-term disability. We can consider all past and future lost earning potential when calculating a fair settlement.
You can also recover compensation for non-economic damages such as:
- Pain and suffering
- Loss of enjoyment of life
- Inability to participate in activities, hobbies, and work as you used to
- Emotional trauma
While the average settlement amount for auto accident shoulder injuries (and their related losses) is hard to find, your lawyer can estimate your unique case value.
Recovering Compensation for a Car Accident-Related Shoulder Injury
An insurance company may offer you a settlement, but it may not be enough. Your lawyer can help you calculate the true value of your shoulder injury by:
- Gathering evidence that proves who’s at fault for the accident
- Reviewing your diagnoses and medical bills
- Consulting professionals to understand your prognosis
- Negotiating with the insurance company on your behalf
If the insurance company denies your claim, your lawyer can file a lawsuit.
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Get Help Calculating Your Shoulder Injury Damages from Loncar Lyon Jenkins
Bring in the Strong Arm to determine the value of your auto accident-related shoulder injury and fight for your rights against the insurance company and negligent party.
The team at Loncar Lyon Jenkins can help you recover much-needed compensation following your Texas auto accident and shoulder injury, no matter how minor or severe. Contact us for a free case review.