When you’re involved in a car accident that results in a serious injury like a torn rotator cuff, understanding the value of your personal injury claim becomes crucial. At BenGlassLaw, our experienced personal injury legal team knows how overwhelming it can be to navigate the legal landscape while dealing with physical pain and financial stress. This comprehensive guide aims to break down the factors that influence the value of your claim, ensuring you’re well-informed as you seek compensation.
What is a Rotator Cuff Injury?
A rotator cuff injury involves damage to the group of muscles and tendons surrounding your shoulder joint, which is vital for arm movement and stability. This type of injury is common in car accidents due to the sudden and forceful impact. Symptoms of a rotator cuff injury include severe pain, reduced range of motion, and the need for surgery. Understanding the severity and long-term implications of this injury is essential in evaluating your claim.
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Factors Influencing the Value of Your Personal Injury Claim
Several factors come into play when determining the value of a personal injury claim following rotator cuff surgery after an accident that wasn’t your fault:
Severity of Injury
- The extent of your rotator cuff injury will significantly impact your claim’s value. Severe injuries requiring surgery and extensive rehabilitation will generally lead to higher compensation. The degree of your injury, whether it’s a partial tear, complete tear, or a complex shoulder injury involving other structures, will affect the settlement amount.
Medical Expenses
- The total cost of your medical treatment, including surgery, physical therapy, medications, and any future medical needs, will be a critical component of your claim. Detailed documentation of all medical visits, treatments, and prescribed medications will support your claim for these expenses.
Lost Wages and Earning Capacity
- If your injury prevents you from working, either temporarily or permanently, you can claim compensation for lost wages and any decrease in your earning capacity. This includes not only your current lost income but also future earning potential if your injury affects your ability to perform your job.
Pain and Suffering
- Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life are also considered when valuing your claim. These damages can be challenging to quantify but are a crucial part of your compensation. The impact on your daily activities, hobbies, and relationships will be taken into account.
Liability and Comparative Negligence
- The degree of fault assigned to each party involved in the accident can affect the compensation amount. In Virginia, contributory negligence laws can bar you from recovering damages if you are found even partially at fault. Understanding how fault is determined and documented is essential for your claim.
How Does the Insurance Company Value A Claim With Rotator Cuff Injuries?
There is no specific formula for settling an auto accident case with rotator cuff injuries, but the insurance company is still responsible for your past medical bills; past lost wages; pain, suffering and inconvenience; and any future medical costs that you are likely to incur as a result of the crash.
During settlement negotiations, it is extremely important to be open and honest with your attorney regarding medical records. You will want to prove with medical records that the injury was not pre-existing. Insurance companies love to assert that the injury was pre-existing in order to drive down the settlement amount.
Make sure to get a statement from your doctor proving that the injury was caused directly from the accident. This will help you answer the common questions that insurance companies will ask. You will also want to have all medical records and bills to prove to the insurance company that your desired settlement estimate is accurate.
They will likely ask:
- Was there a pre-existing condition?
- What is the total of the victim’s medical bills?
- Does the victim have health insurance?
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Should I Get a Virginia Personal Injury Lawyer for My Rotator Cuff Accident Claim?
Fact: On average, accident victims with legal representation receive settlements nearly 3.5 times higher than those without. Source: Attorney Involvement in Auto Injury Claims. Insurance Research Council, 2014.
Yes, in our opinion, a Virginia personal injury lawyer will bring value to a rotator cuff surgery personal injury case. Insurance companies will often attempt to settle quickly assuming you will be looking for quick cash. While you focus on recovery, an experienced attorney can handle the negotiations and make sure you receive the best possible settlement. Surgeries are often expensive so making a mistake in estimating the value of your case can ruin your chances of receiving a larger settlement. Remember, insurance companies are looking to give you the lowest possible settlement.
We represented a Williamsburg, Virginia man who had a rotator cuff injury after a car accident; here’s the story of his settlement.
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