A rotator cuff is a group of muscles and connective tissue knows as tendons that surround the joint of the shoulder. An injury on the rotator cuff can cause a lot of pain especially when one tries to sleep on the shoulder affected. Common causes of this injury include motor vehicle accidents, slide, and fall accidents, sports activities like athletics.The victim may undergo surgery depending on the extent to which rotator cuff was damaged.
Factors To Consider When Determining Average Settlement For Rotator Cuff Surgery Repair
Severity Of The Injury
One needs to establish the extent to which tendons around the shoulder were affected. Also, its good to know whether the injury will lead to temporary or permanent disability. The higher the severity of the injury the higher will be the settlement.
Medical Expenses Arising From The Injury
The amount to be paid to the injured person will be determined by the costs incurred to treat the rotator cuff injury. Medical costs can be obtained from health facility the victim underwent treatment. Surgery to repair the shoulder always cost more thus the payout will be high.
Income Lost Due To The Injury
To determine the settlement to be awarded to the injured person one should take into account the earnings lost due to the injury as one may be unable to seek or continue with employment after this injury.
The extent to which the person having a rotator cuff injury was responsible for the accident.
If it’s proven that the victim was not responsible there will be a settlement. There is no settlement if the victim was responsible for causing the accident that leads to rotator cuff injury.
Calculating Average Compensation For Rotator Cuff Surgery Repair
- One needs to obtain medical records from the health facility one got treatment. This amount should also include any anticipated medical care expenses that may be incurred in the future arising from this injury. From this one will get the total medical expenses both present and future costs.
- The other thing is to multiply the victim average income by the number of days one has lost by not attending work.This amount is added to the total medical expenses to arrive at a new figure.
- It involves determining the severity of rotator cuff injury. In case the injury was minor, the settlement will be two times of the victim medical expenses. For instance, if medical expenses were one hundred thousand dollars, and a person suffered a minor rotator cuff injury, the payout will be double of medical expenses which is two thousand dollars. For major injuries, a settlement will be at least five times of one’s total medical costs. Depending on the degree of the injury this amount is added to the amount obtained in three (3) above.
- Incidental expenses forms are included as they form part of the compensation. This includes legal fees incurred when the victim case was represented by a lawyer in court or an insurance agency. When all these figures are summed up, they will form the average compensation settlement for rotator cuff injury.
Types Of Settlements
The payout can be made either as a lump sum or structured. The lump sum is when the victim is paid a certain amount of money once while structured it’s when the settlement is made continuously over a long period of time in form of installments.
The best way to deal with rotator cuff injury is to seek medical attention immediately after the accident.This will help in proving that cause of the victim injury that resulted in surgery to repair the shoulder affected was due to an accident. In this scenario one has a strong case and payout will be high.