Shoulder Injury Compensation Payouts
The following figures do not guarantee that your matter will have a similar outcome. Only by reviewing your claim with an experienced lawyer will you know how much your claim may be worth. However, shoulder injury accidents in Oklahoma have resulted in the following verdicts and settlements:
- $400,000 for a car crash that aggravated preexisting injuries.
- $275,000 for a vehicular accident resulting in multiple injuries and multiple surgeries.
- $250,000 for a shoulder injury that required surgery to repair.
- $200,000 for multiple injuries resulting from an automotive accident.
- $170,000 for an injury caused by a truck accident.
- $125,000 for a work-related shoulder injury requiring surgical repair.
Factors Influencing Compensation
Several key factors will influence the potential compensation for a shoulder injury lawsuit:
- Severity of the Injury: The nature and extent of your injury, including how it impacts your range of motion, the pain you experience, and the total medical expenses incurred.
- Impact on Daily Life: The effect of the injury on your ability to work, engage in daily activities, and overall quality of life. This encompasses lost wages, emotional distress, and any permanent limitations.
- Liability and Fault: The degree of negligence on the part of the defendant and any contributory negligence on your part.
- Insurance Coverage: The limits of the applicable insurance policies may also play a role in your compensation.
According to the American Academy of Orthopaedic Surgeons (AAOS), about 7.5 million people received medical care for shoulder injuries in 2006. Over half of these patients – roughly 4.1 million people – were diagnosed with a torn rotator cuff, a common injury in athletes. Other than sports accidents, common causes of torn rotator cuffs and other severe shoulder injuries include:
- Bus Accidents
- Car Accidents
- Dog Bites
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Slip and Fall Accidents
- Truck Accidents
If your shoulder injury was caused by another person’s careless or reckless actions, you could be entitled to compensation for your medical bills, pain and suffering, and lost income, including costs you are expected to incur. The experienced injury lawyers of Hasbrook & Hasbrook can help you fight for the compensation you deserve. Call our law offices at (405) 605-2426 to set up a free consultation regarding your shoulder injury claim.
Common Shoulder Injuries: Sprains, Strains, Dislocations, and Bursitis
The shoulder is a complex intersection of bones, nerves, muscles, tendons, and rugged bands of connective tissue called ligaments. When trauma or negligent medical care damages these anatomical components, the victim experiences agonizing pain while losing strength, flexibility, and motion in the affected joint. For Oklahomans whose livelihoods depend on physical labor, such as movers, construction workers, and warehouse workers, an injury of this nature can be financially and physically devastating. And, no matter what sort of job the victim performs, he or she will likely require costly medical care.
Trauma can result in several different types of serious injuries, including fractures and soft tissue injuries such as:
- Broken Arm (Humerus Fracture)
- Broken Collarbone (Fractured Clavicle)
- Broken Shoulder Blade (Fractured Scapula)
- Bursitis
- Dislocated Shoulder Joint
- Rotator Cuff Tears
- Sprains (Torn Ligaments)
- Strains (Muscle Tears)
- Torn Labrum (Labral Tear)
In other cases, medical malpractice is to blame. Malpractice occurs when a doctor, surgeon, or other healthcare professional makes negligent errors, leading to the preventable injury of a patient. For example, shoulder dystocia is a common birth injury caused by applying excess force during a difficult birth. If the OB-GYN pulls too hard when extracting an infant, the baby’s shoulder can sustain significant, long-term damage.
Schedule a Free Consultation
The injury attorneys of Hasbrook & Hasbrook have over 75 years of combined experience representing accident victims in Oklahoma City and the surrounding area, including Edmond, El Reno, Moore, Norman, Shawnee, Stillwater, Seminole, Cushing, Chickasha, and more. If you suffered a soft tissue injury, bone fracture, or other serious shoulder joint injury in Oklahoma City due to the inappropriate actions of another person, we may be able to help you recover compensation for your medical bills, pain and suffering, lost income, and other losses resulting from your accident.
Shoulder Injury FAQs
How do preexisting conditions affect the settlement value of a shoulder injury lawsuit?
Preexisting conditions can significantly impact the settlement value of a shoulder injury lawsuit. When a plaintiff has a preexisting condition, such as a prior shoulder injury or chronic shoulder issues, the defendant may argue that the current injury was not entirely their fault. However, if the accident aggravated the preexisting condition, making it worse than before, this can increase the claim’s value. The key is to demonstrate how the accident exacerbated the preexisting condition, leading to increased medical expenses, pain, suffering, or loss of function. Documentation from medical professionals and a detailed comparison of the plaintiff’s condition before and after the accident are crucial to establishing the extent of aggravation caused by the incident.
Can emotional distress be included in the compensation for a shoulder injury lawsuit?
Yes, emotional distress can be included in the compensation for a shoulder injury lawsuit. Victims of shoulder injuries can experience significant emotional and psychological impacts, including anxiety, depression, and PTSD, especially if the injury affects their ability to work, engage in hobbies, or perform daily activities. To claim compensation for emotional distress, it is necessary to demonstrate the emotional impact of the injury through medical records, psychological evaluations, and testimony about how the injury has affected the victim’s life. Compensation for emotional distress is considered part of noneconomic damages, which also cover pain and suffering and loss of enjoyment of life.
How does contributory negligence affect a shoulder injury lawsuit in Oklahoma?
In Oklahoma, the concept of contributory negligence can affect the outcome of a shoulder injury lawsuit. Contributory negligence refers to situations where the plaintiff is found to be partly at fault for the accident that caused their injury. Oklahoma follows a modified comparative rule, which means that a plaintiff can still recover damages if they are less than 51% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault for an accident that resulted in a shoulder injury, their compensation will be reduced by 30%. If the plaintiff’s fault level is 51% or higher, they cannot recover any damages.
How are future medical expenses estimated in a shoulder injury lawsuit?
Future medical expenses are an important consideration in a shoulder injury lawsuit, especially for injuries that require ongoing treatment and rehabilitation or may lead to complications in the future. Estimating future medical expenses involves a careful analysis of the victim’s current medical condition, the likelihood of future medical interventions, and the cost of those treatments. Experts such as medical professionals, rehabilitation specialists, and economic analysts may be consulted to provide detailed projections of future medical needs and costs. These estimates consider the cost of surgeries, physical therapy, medication, medical devices, and any necessary modifications to the victim’s home or vehicle to accommodate their injury.
What role do insurance policy limits play in the settlement of a shoulder injury lawsuit?
Insurance policy limits play a significant role in the settlement of a shoulder injury lawsuit, as they often dictate the maximum amount of compensation that can be recovered from the defendant’s insurance company. If the damages exceed the policy limits, the defendant may be personally responsible for the difference, but collecting additional compensation directly from the defendant can be challenging. In cases where the victim has underinsured or uninsured motorist coverage, their own insurance may cover additional costs up to their policy limits. Negotiating with insurance companies and understanding the implications of policy limits are critical steps in ensuring that the victim receives fair compensation for their injury.