Calculating the average settlement for shoulder surgery after a car accident is not possible because of the many factors contributing to a collision claim’s value. Each settlement depends on the financial, physical, and emotional harm suffered by the claimant and various state laws and other rules.
Working with a car accident attorney is the best way to get an accurate settlement range for your case. They can discuss this range with you based on your shoulder injuries, related expenses and losses, and other factors. They will calculate the value of your case before beginning settlement negotiations with the insurer.
Recoverable Damages in a Car Accident Claim
The most crucial part of getting the financial recovery you deserve is documenting your recoverable damages. If you do not have an attorney working on your case, you must be confident that you identified them and gathered any available evidence. Having sufficient evidence of your damages is critical in proving the value of your claim.
Recoverable damages based on a shoulder injury could include:
- Medical bills
- Future medical treatment and care needs
- Lost income when you missed work
- Reduced ability to work if you have lasting disabilities
- Repair or replacement of your vehicle
- Other miscellaneous expenses
- Pain and suffering
You must also consider other factors that could increase or decrease the value of your claim. For example, does your state limit the noneconomic damages you can recover? Did the driver act particularly recklessly in causing your crash? The circumstances of your case could alter the value of your settlement.
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Shared Fault Could Bar You From Financial Recovery in Some States
If you contributed to causing the accident in any way—or the insurance company alleges you did—it could diminish the value of your settlement. Some states allow you to sue, but your potential payout will go down based on the portion of fault assigned to you. This is true in Louisiana under La. Civ. Code Art. 2323 and Mississippi under Miss. Code Ann. § 11-7-15.
Other states only allow you to sue if the other party was at least 51 percent at fault. Arkansas is one such state per Ark. Code Ann.
Four states would bar you from recovery completely if you contributed to causing your accident, even one percent. This is known as “pure contributory negligence.” Alabama follows this rule, as affirmed in Golden v. McCurry (1980).
Shoulder Injuries Often Require Surgical Repair
The shoulder is a complex joint, and damage to it can be difficult to repair without surgery. Treatment could include traditional surgeries, minimally invasive surgery, or outpatient procedures. Surgery commonly treats these car accident shoulder injuries:
- Torn rotator cuffs
- Damage to the shoulder joint
- Proximal breaks in the victim’s upper arm
While most of these procedures are relatively safe and reliable, they can lead to weeks of rest and recovery followed by physical therapy, rehabilitation, and other support to increase strength and range of motion. The bills for your recovery and missed time from work can all affect the value of your claim.
How a Shoulder Injury Can Affect Other Aspects of a Person’s Life
A shoulder injury can significantly affect many parts of a car accident victim’s life by:
- Forcing them to give up self-care activities such as bathing, dressing, and brushing their hair
- Making them unable to perform chores around the house such as lawn maintenance or childcare
- Limiting their ability to work and earn a living
- Causing such pain and suffering that they miss out on activities and hobbies they enjoy
All of these can lead to additional expenses. For example, you might miss out on paychecks and income or must hire someone to help around the house until you heal. You can also consider the intangible cost of your pain and suffering and reduced quality of life when calculating the possible value of your case.
Do I Need an Attorney to Handle My Shoulder Surgery Car Accident Claim?
You do not have to work with a law firm to negotiate with the insurance company and recover a settlement for your accident and injuries. However, a personal injury lawyer can ensure the process goes smoothly, your rights remain protected, and you get a fair payout.
Having a lawyer navigate the claims process allows you to focus on your physical recovery and dramatically reduce stress. They will also ensure you meet all applicable state laws and deadlines.
There are tight time limits on suing in a car accident case. Across the Gulf South, they vary from one year in Louisiana under La. Civ. Code Art. 3492 to up to three years in Mississippi per Miss. Code Ann. § 15-1-49. Exceptions can reduce this time to only a few months under some circumstances.
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Morris Bart, LLC Fights for Justice for Car Accident Victims
At the Morris Bart law firm, we provide free consultations for car accident victims in the areas we serve, including Louisiana, Mississippi, Arkansas, and Alabama. We are a contingency fee firm.
Call (800) 537-8185 now to learn more about your legal options for compensation.
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