Most people don’t realize the integral role their shoulders play until one day, they are left with a sudden shoulder injury from a car accident. These painful injuries can limit mobility and cause complications that can impact daily life as well as result in long-term issues.
Shoulder injuries in auto accidents leave victims with massive medical bills and put them in a bind by rendering them unable to work. The other financial losses this type of injury can cause are far-reaching consequences.
If another driver behaved negligently and caused the crash, leaving you with a shoulder injury, you shouldn’t have to pay as a result. Through personal injury law, you can seek an auto accident shoulder surgery settlement to make your life as whole again as possible.
Armada Law, is a team of auto accident lawyers in SC committed to representing injured victims in car accidents. In this blog post, we discuss car accident shoulder injuries, which factors can impact settlement amounts, and how proper medical documentation along with legal representation can help you get full and fair compensation.
Common Types of Shoulder Injuries Caused by Car Accidents
In car accidents, shoulder injuries are common due to the sudden and forceful impacts on the upper body. Shoulder joints are some of the most complex in the human body, and these joints play a vital role in most upper-body movements.
Even though seatbelts are a necessary safety feature and mandated by law, they can lead to shoulder injuries when coupled with the twisting the body undergoes in a crash. Sprains, strains, dislocations, and fractures present victims with debilitating pain that typically requires extensive medical treatment and rehabilitation. Here is a look at the most common types of shoulder injuries suffered in auto accidents:
Rotator Cuff Tears
Rotator cuff tears are incredibly painful, and while they can happen due to overexertion in sports and other activities, they are one of the most common shoulder injuries sustained in car accidents. When there is a tear in the rotator cuff, it means the tendons in the shoulder have become damaged from acute trauma.
If you’ve torn your rotator cuff in a car accident, you will likely experience pain in your arm when you move it, particularly if you attempt to raise your arm above shoulder level. You may also experience a cracking sensation or have restricted shoulder movement. Severe cases may result in a permanent loss of motion for this integral joint.
When treating a rotator cuff injury from an auto accident, doctors will start with non-surgical methods, including physical therapy to build the shoulder muscles and improve flexibility. Unfortunately, in severe cases, surgical intervention may be the only way to repair torn tendons in this part of the body. Victims with this injury may be left unable to perform daily tasks or become stuck with chronic pain that impacts their ability to work and enjoy life.
Dislocated Shoulder
Dislocated shoulders also happen in car crashes, caused by the upper arm bone (humerus) becoming detached from the shoulder blade socket. Since the shoulder joint is flexible, it is most prone to dislocations in a crash from the force of the impact.
You’ll know you have a dislocated shoulder if you’re in severe pain and can’t move your arm normally. Accident victims who suspect they have a dislocated shoulder should immediately proceed to the hospital to have the joint put back in place. Doctors will then immobilize this area and encourage physical therapy to promote proper healing and prevent it from becoming dislocated again.
Fractured Clavicle
The clavicle, or collarbone, is also highly susceptible to injury in a car crash due to the positioning of the hands on the wheel at the time of the accident. If you fracture your collarbone, it can easily affect your shoulders and your mobility. Seeking urgent medical treatment is required when you have a fractured clavicle. A sling will be used to immobilize the affected arm and allow the bone to heal.
In severe cases, surgery may be the only option to realign the bone and help it heal. Recovery for a fractured collarbone is often lengthy, and chronic shoulder pain and disability are common results.
Factors Affecting Shoulder Injury Claim Settlement Amounts
If another driver caused your accident, leaving you with a painful shoulder injury, it’s natural to wonder how much your settlement amount will be. Ultimately, it depends on the unique factors involved in your car accident case.
Among the most integral factors is the severity of your shoulder injury. The more severe it is, the more likely it is that you will receive a higher settlement. Since a severe shoulder injury can have a lasting impact on your life, potentially causing you permanent disability, it is a huge consideration when pursuing compensation. Your medical bills may include multiple surgeries, physical therapy, pain medication, and assistive medical devices. Additionally, if you will need future medical care, these costs will be calculated when determining compensation for your injuries.
Another big factor is lost income, since shoulder injuries usually require a long recovery time. This injury may also affect your potential future earning capacity as well. If you are unable to return to your job or are forced to take a lower-paying position as a result of these injuries, you will be compensated more highly to make up for those losses. Age matters too, since the younger a victim is, the greater the settlement amount will be to recover financial losses for a longer term. Overall health, including any pre-existing conditions, may also affect the settlement you receive.
Consideration must also be given to fault in an auto accident that causes shoulder injuries. South Carolina is an at-fault state that holds the driver who caused the crash responsible for paying the damages. However, the modified comparative negligence rule also factors into the equation, and if you are found to have some fault for the accident, your compensation will be reduced by your percentage of fault.
In order to claim compensation for a car crash, you need to be 50% or less at fault. Since insurers commonly employ a variety of tactics to assign victims more blame to reduce their payout or deny it completely, it is a smart move to speak to a bone injury lawyer about your legal options.
Breaking Down Lump Sum Compensation for Shoulder Injuries
If the shoulder injury from your car accident requires surgery, this means you will have higher medical expenses than someone who doesn’t need surgery. These amounts will also vary depending on the type of injury. For example, rotator cuff injuries can be awarded anywhere from $30,000 to upwards of $150,000, though the factors mentioned above will impact the final award.
Here is a look at home these lump sum settlements can vary with and without the need for surgery:
Settlement Amounts with Surgical Intervention
If you need to have surgery for your shoulder injury after an auto accident, the amount of the settlement will typically increase. Surgery of any kind is always associated with higher medical costs. It also results in the need for longer recovery time, keeping you out of work, not to mention it causes more pain and suffering.
When your attorney is fighting for your shoulder injury settlement with surgery, it will be considered and added to the direct costs of your surgery. It will also factor in any additional surgeries that may be required, physical therapy, and possible complications that could either cause you to endure a longer recovery period or leave you with a permanent disability that completely alters your life.
Settlements for auto accident shoulder injuries that require surgery will include these considerations, and the more extensive the surgery required or future surgeries needed, the higher the compensation. In severe injuries to the shoulder, such as rotator cuff injuries, the settlement may range from $150,000 to $300,000. If you are left with a permanent disability, you may even get a settlement much higher than the average.
Shoulder Injury Compensation Without Surgery
For auto accident shoulder injuries that do not require surgery, your settlement amount will be lower, perhaps around $30,000. It will depend on the level of physical therapy and medical intervention needed.
You can expect that your settlement may cover your medical expenses and lost income. However, you may also be able to recover compensation for pain and suffering, particularly if you are left with chronic pain, limited mobility, or have been rendered incapable of performing daily tasks. The long-term impacts of these injuries are deeply considered in the settlement figure, and with an attorney by your side, you will have an advocate who will fight to make sure that all of your losses are fairly compensated.
The Role of Medical Documentation in Supporting Shoulder Injury Claims
It stands to reason that if you have suffered an injury in a car crash, you will seek medical attention. Prompt medical care is always advised, not only to prevent injuries from worsening but also to document the claims.
When you go to the hospital or visit specialists, they will use diagnostic tools to identify the injury and the extent of damage to your shoulder. You will likely receive an MRI scan to visualize any soft tissue injuries, and may find that you have a tear in your rotator cuff. Ultrasound imaging is another tool that can help view muscles and tendons, allowing doctors to get a full picture of the injury and make a treatment plan.
Expect to receive X-rays to inspect your bones for fractures as well as arthrogram tests for a look at the internal structures of your shoulder joints. These tools all allow doctors to make a diagnosis, which may include less invasive treatments to start with, such as physical therapy.
By getting treatment right after your auto wreck, medical records will be established. They will be updated with every visit you have, creating a trail of valuable evidence in your case.
Doctors will also note whether or not they think surgery will be required. Depending on their findings, your attorney may advise that you wait until you’ve reached maximum medical improvement (MMI) before seeking compensation.
Maximum medical improvement is defined by the U.S. Department of Labor Office of Workers’ Compensation Programs as “when the covered illness is stabilized and is unlikely to improve with or without additional medical treatment”. Pursuing your settlement before you have gotten to that point may mean that you settle for less than what is needed to cover the damages caused by the negligent driver.
FAQs on Shoulder Injuries and Settlements
What Steps Should I Take If I Have a Shoulder Injury in a Car Crash?
In the immediate aftermath of a car accident, if you have a shoulder injury, you will likely be in tremendous pain. You should call 911 to report the accident and let the operator know that you are hurt. Police officers will respond to the accident scene while also alerting emergency services of injuries.
It is imperative that you do not try to ignore the pain as it could be a serious shoulder injury. You may also have other injuries from the crash that you may not notice initially. Seeking immediate medical attention ensures that these injuries are quickly treated before they can worsen, and provides the vital documentation you need for your case.
When you are in pain, it may be impossible to take photos and videos, or to gather other types of evidence. For these reasons, once you have been treated at the hospital, you should contact a personal injury attorney who can help you with the initial injury claim and escalate your case if need be by filing a lawsuit on your behalf.
Do I Need a Personal Injury Attorney to Represent Me for a Shoulder Injury Claim?
There is no law that requires you to hire a lawyer to represent you after a car accident has caused your shoulder injury. However, victims who seek legal representation generally get higher settlement amounts.
The reason settlements tend to be higher with a personal injury lawyer involved is that attorneys know how to calculate the full extent of damages suffered by a victim. Most people that try to file the claim on their own with the insurance company only look at their current medical bills and property damage. They don’t realize that there may be a need for future medical care, that they may be out of work for weeks, months, or be unable to perform the duties of their job again. They also don’t realize that they may be in constant pain that prevents them from enjoying life.
There are many factors that an attorney will know to consider when calculating the full extent of losses for compensation. They will also know about the relevant laws, including at-fault laws and comparative negligence to protect your legal rights and prevent you from being blamed for your injuries. While you don’t need to hire a lawyer, you may want to learn more about how one can help you with your car accident shoulder injury. Contact us to schedule a free consultation and the attorneys at Armada Law will review your case.
How Much Will I Get for My Shoulder Injury?
There is a reason the shoulder injury settlement amounts listed in this article vary widely. Every case will be unique because all of the factors will be distinctive. You may get into a T-bone car accident and suffer a rotator cuff injury that requires multiple surgeries to repair. Even with surgery, your injuries may continue to cause you extensive pain. Before the crash, you could partake in hobbies such as a certain sport or gardening, but now, it is impossible for you to perform those activities. You may have had a job that required you to rely on your arm, shoulder, and back strength. Now that you have an injury caused by a negligent person, you are forced to take a lower-paying job.
Compare that to a driver who is also T-boned while driving. They suffer a rotator cuff injury, but it heals after physical therapy and they no longer experience pain. They can still work at their job and take part in activities that they have always enjoyed. The difference between these two tales is that the factors are different, and those changes can cause the settlement amount to increase or decrease dramatically.
Why Are Shoulder Injuries So Common in Car Accidents?
Shoulder injuries are most commonly caused when drivers attempt to react to an impending crash. As they brace for impact, they straighten their arms and grip the steering wheel. Unfortunately, this also puts added stress on the shoulders, making them more vulnerable to injury.
Seatbelts, which save lives, can also put pressure on the shoulders when a sudden, forceful stop is made. Along with the deployment of airbags, this jolt can result in bruising, and if a driver or passenger is close enough to the airbag, it may even dislocate their shoulder. If an airbag fails to deploy, a driver sitting too close to the steering wheel may suffer direct trauma from the wheel hitting their clavicle and causing a fracture. All of these things can cause an injury to the shoulder in a crash.
How Will I Know If My Auto Accident Shoulder Injury Is Serious?
The surge of adrenaline that occurs after a car accident may dull some of the pain, but most injured victims will have an inkling that something is wrong with their shoulder. The first thing to look for is if the shoulder joint appears deformed. If you can’t use your shoulder or move your arm away from your body, experience intense pain, or the area suddenly swells, these are all indications that you need emergency medical treatment immediately.
What Is Used to Calculate the Value of a Car Crash Shoulder Injury Claim?
Calculating the value of a shoulder injury claim from a car accident requires looking at all medical expenses, including future medical expenses. If you work, you will need to factor in your lost wages. There may be other economic damages associated with your injury, such as other out-of-pocket costs, and non-economic damages, like pain and suffering or permanent disability. Consulting with a lawyer can help you review all the aspects of your case to determine this value.
What Will a Personal Injury Lawyer Do to Help Me with My Auto Accident Shoulder Injury?
A personal injury lawyer will take over all communications with the insurance company, calculate the full extent of your economic and non-economic damages, investigate and gather evidence, negotiate your settlement, and represent you in court if neither side can agree on the settlement amount. They provide full legal support, allowing you to focus on your treatments and recovery without the added stress of trying to navigate the legal process.