Every thoracic outlet syndrome case from a car accident is different, so we cannot give a dollar amount that would be appropriate to settle your case. We can, however, discuss your case and investigate your accident, injuries, and damages to estimate a fair settlement value, and then fight for the compensation you deserve.
Several factors go into settlement value for thoracic outlet syndrome after a car accident, including:
- Severity of your injury
- How well your injury heals
- How your injury affects your life
- Financial effects of your injury
- Other damages related to your injury
Get a free consultation from a Bothell car accident attorney today, call Max Meyers at 425-399-7000.
The Severity of Your Thoracic Outlet Syndrome Injury
The thoracic outlet is the space between your first rib and your collarbone. Physical trauma from car accidents is one of the causes of thoracic outlet syndrome (TOS), according to the Mayo Clinic. TOS happens when the trauma compresses the nerves or blood vessels in the thoracic outlet.
TOS can make your neck and shoulders hurt, and can cause your fingers to feel numb. You may require surgery, physical therapy, or other treatment.
How the injury severity affects your settlement. The severity of your injury affects the medical treatment you require and the effects of the injury on your life. Your settlement should account for your medical bills and disability.
How Well Your Thoracic Outlet Syndrome Injury Heals
If your TOS heals completely, you can count yourself fortunate. Some people experience residual symptoms of TOS long after completing initial treatment.
Residual symptoms of TOS can include:
- Muscle wasting in your hand
- Pain in your neck, shoulder, and hand
- Numbness and tingling in your fingers or arm
- Weakness when you try to grip something
- Discoloration in the arm from obstructed blood flow
- Cold arm, hand or fingers
- Your arm fatigues quickly when you use it
- Your hand turns blue or lacks color
How Thoracic Outlet Syndrome Can Affect Your Life
When you suffer continuing problems from TOS, it can be hard to perform the daily tasks of living or working. This situation is particularly true if the injury affects your dominant arm or when you are performing tasks that require the use of both hands or arms.
If you cannot do your job as before, you might have to cut back your hours or seek a lower-paying job. In extreme cases, you might not be able to work at all. You might also need assistance at home with personal care, housekeeping, meal preparation, yard work, and home maintenance.
Your Financial Losses
We will collect evidence to show your economic losses. These damages can include any reasonable medical treatment you needed because of the accident, like the emergency room, hospital, surgery, doctor, prescription drugs, and physical therapy. The income you lost because of the crash and medical recuperation is also recoverable in a car accident claim.
We can also seek damages for the loss of your earning capacity, if the injury affected your job. Additionally, if you had to hire help at home because of the TOS, we can add that amount to the settlement demand.
Your Non-Economic Damages
Since you suffered physical injuries, you may also be eligible for non-economic damages. This category can include:
- Pain and suffering: for your physical discomfort, inconvenience, and emotional distress.
- Disfigurement: if you have extensive noticeable scars from the injuries.
- Loss of enjoyment of life: if the TOS makes you unable to do things that you used to enjoy, like playing a musical instrument or drawing.
Your Other Injuries from the Wreck
If you sustained other injuries in the accident, we will include the damages for all of your injuries in your claim. You do not have to pursue separate claims for different injuries as long as they happened in the same crash.
If You Were Partly at Fault, How Will Your Settlement for Thoracic Outlet Syndrome Be Affected?
Do not assume that you cannot get compensation for your injuries if you were partially to blame for causing the car crash. You should not get stuck with all of your losses just because you made a mistake. As long as someone else was also at fault, our state’s rule on comparative negligence will allow you to receive some compensation.
The way Washington’s comparative fault works is that the law will reduce the amount of your settlement to account for your fault. For example, if you were 20 percent at fault, you will get 80 percent of your damages (100 percent reduced by 20 percent). If you would have gotten $100,000, you will get $80,000 after the 20 percent reduction for your partial negligence.
Getting Legal Help for Your Thoracic Outlet Syndrome Injury Claim
There is a time limit for filing a car accident claim, so contact a lawyer as soon as possible.
Call Max Meyers Law today at 425-399-7000, to get your no-cost consultation. We will talk with you about your case for free.