All crash injuries are unique, which is why there is no fixed value of a settlement for a shoulder injury from a car accident. There are, however, five factors you can use to estimate the value of your claim. However, we recommend working with a lawyer to accurately estimate your case value. Call Max Meyers at 425-399-7000.
1. The Severity of Your Shoulder Injury
At the mild end, your shoulder could have bruises, lacerations, a strain, or a sprain. Severe shoulder injuries from motor vehicle accidents include fractures, separated or dislocated shoulders, and rotator cuff tears. Significant shoulder trauma will generate steep medical bills and a long recovery period during which you might be unable to work. High medical bills and lost wages can lead to more compensation.
2. Permanent Impairment of the Shoulder or Arm
Shoulder trauma may not heal completely. People may report that after a severe shoulder injury they may experience weaking of the arm or shoulder joint, as well as reduced range of motion. Nerve damage can lead to numbness, tingling, pain, and weakness. Sometimes people suffer what feels like electrical shocks off and on after their shoulder trauma has healed. The shoulder can be stiff and less functional than before the wreck. Your car accident settlement should account for the permanent and long-term effects of your shoulder injury.
3. Chronic Pain
The chronic pain you experience from a car crash shoulder injury can come from nerve impairment, but there are other sources as well. Scar tissue, contractures (in which some of your tissue shrinks and pulls on other tissue), adhesions, fractures, and soft tissue damage can also cause lingering pain. Some people suffer pain upon exertion. Others will have discomfort with cold, humidity, weather changes, rain. If arthritis develops in the shoulder, you can expect chronic pain. Your settlement should account for your long-term pain and all the consequences that come with it - pain and suffering, lost earning capacity, ongoing medical care, etc.
4. Severity of Other Injuries
Shoulder injuries seldom happen in isolation in car accidents. An impact violent enough to cause shoulder damage may also cause trauma to one or more of these body areas:
- Lower extremities
Settlements for wrecks involving multiple injuries should account for the effects and financial cost of all injuries.
5. Your Comparative Negligence
If you were partly at fault in the collision, you could still get some compensation for your shoulder injury. Washington State uses the doctrine of pure comparative negligence to assess damages when more than one person is at fault.
In comparative negligence states like ours, your percentage of fault for an accident proportionally reduces the value of your settlement. For example, if you were 10 percent at fault and had $20,000 in damages, the settlement would drop by $2,000 to account for your 10 percent negligence. You would receive $18,000 for your shoulder injury.
“Pure” comparative negligence means that in our state, the law does not bar you from recovery even if you were mostly at fault in the collision. In some other states, if you were 50 or 51 percent or more to blame for the wreck, you would get no money at all, regardless of how devastating your injuries were. In Washington State, you can recover compensation even if you were more than 50 or 51 percent at fault.
Call Max Meyers Law at 425-399-7000 to get your free claim evaluation. We will be happy to evaluate your car accident and shoulder injury case.