Accidents are misfortunes that occur when least expected, everyone everywhere does observe due to precaution to stay safe. However, due to unavoidable circumstances, mishaps still befall us regardless of the safety measures in place.
You have probably been involved in a car accident leading to a shoulder injury; do you know that you can initiate a personal injury claim for average settlement for shoulder injury car accident? And if so, have you ever wondered how that injury submission may impact on the final settlement a court may award you? This article tends to discuss the key considerations when valuing a shoulder injury claim giving examples of some past verdicts.
Types Of Shoulder Injury
The final shoulder injury settlement always varies with the degree of severity. Generally, shoulder injury may affect muscles, ligaments or tendons. Alternatively, a bone fracture or break may also occur during an accident.
Medics categorize shoulder injuries into two broad classes, i.e. instability injuries and impingement injuries. Instability injuries occur when one of the shoulder joints moves out of the ligament causing unimaginable pain when one tries to raise his/her arm while Impingement injury happens when the shoulder muscles rub on the shoulder blade. All the same, these two classes have corresponding settlement value.
Valuing The Case
In normal cases, valuing such kind of claims would mean deducing the best guess of what the jury might offer the aggrieved party who is suing for compensation. In doing so, a consideration should also be made on how much the defendant is willing to pay in the end, therefore a shoulder injury compensation calculator is just a guide.
Another lingering possibility is the amount each side might be willing to part with it at all they reach a consensus before proceeding to a trial; obviously, there is a lot to be considered, but the underlying factors are the extent of the plaintiff’s injury and if at all the jury will find the defendant culpable.
Personally, estimating how much the plaintiff will be awarded may be a tall order because it all depends on the jury’s decision given the underlying evidence and the circumstances under which the accident occurred. While concrete damages like medical bills and wage loss may be easier to quantify, subjectively, less concrete ones like loss pain and suffering may be hard to quantify.
The ultimate damage to a plaintiff’s way of life may also be necessary for determining the general shoulder injury compensation payouts. For example, if the plaintiff was an active sportsman and the injury has incapacitated him, this settlement may be higher-based on the loss of quality of life. Alternatively, if the injury prevented him from making a living, he may fully benefit from diminished earning capacity.
Likelihood Of The Defendant’s Culpability
Before a plaintiff makes a claim, he should be sure that the defendant will be found liable for causing the injuries at the trial. If the evidence provided isn’t strong enough to considerably implicate the defendant, the overall settlement may drastically fall or be lost altogether. There arises a case whereby potential damages may be high, but the defendant less willing to take responsibility due to weak pieces of evidence.
Case Studies Of Shoulder Injury Settlements And Corresponding Verdicts
(i) USD 757,000 being the jury’s decision for shoulder injury occasioned by a car accident that resulted in the loss of earning capacity.
(ii) USD 350,000 workers compensation shoulder injury settlements being a reward for plaintiff undergoing shoulder injury as a result of a car accident. Tendons Injury resulted to six months of physical therapy. Click here to learn more about the herniated disc injury with steroid injections settlement.