Posted on: Jan 14, 2021

rotator cuff tear car accident settlement

Mississippi is one of the most dangerous states for drivers. Rural roads with low lighting and winding curves result in thousands of accidents each year. One common injury sustained in car accidents by drivers and passengers is a rotator cuff tear.

Car accident settlement amounts vary greatly, and the average settlement amount for a rotator cuff tear depends on several factors. Here, we will discuss some of the things that can impact your rotator cuff tear car accident settlement amount. 

How Do I Know if I Have a Torn Rotator Cuff?

Not everyone who has been in a car accident is immediately aware of all their injuries. The shock of an accident may prevent you from feeling the extent of your pain right away. You may also not start feeling pain until hours or days after the accident occurs. In particular, a torn rotator cuff may initially cause only a low level of pain in your shoulder and the surrounding muscles.

Rotator cuff tears can become increasingly painful as you continue to use the injured arm. What you thought was just soreness after the accident can begin to feel much more painful after a few days of normal activity such as going to the gym or moving furniture and other objects around the house.

It is always important to seek medical attention as soon as possible after a car accident. You are more likely to recover quickly from an injury if it is detected and treated right away. If you feel a dull ache in your shoulder after a car wreck, you may have a torn rotator cuff. You should have a doctor evaluate your symptoms and determine the best course of treatment for you.

What Does My Settlement Cover?

Your rotator cuff injury settlement amount can cover two types of damages: special damages and general damages.

Special Damages

Special damages provide compensation for financial losses. For example, if you needed surgery to repair your rotator cuff, your settlement may cover your medical bills. If you had to miss work while you recovered from an injury, special damages can also include lost wages. Any losses you have suffered with a specific monetary amount are classified as special damages.

General Damages

General damages compensate accident victims for non-financial losses. Courts assign approximate monetary values to things like pain and suffering.

If you can no longer participate in an activity you once enjoyed because of your injuries, your settlement might include an approximation of the dollar value of that activity. Mississippi law includes a damages cap of $1 million on settlement awards for general damages.

Will Seeing a Doctor Affect My Settlement?

There is no specific dollar figure for the average settlement for a torn rotator cuff. However, certain things can help you establish the existence and severity of your injury. If you have a doctor’s diagnosis of your torn rotator cuff, it will be easier to recover in a lawsuit or settlement. 

To receive compensation for car crash injuries, you must prove that the accident was caused by the other driver’s negligence or reckless decisions. You must also prove that the accident caused you physical injury. Documentation of your shoulder injury will help to establish that you are entitled to compensation as a result of the accident.

Seeing a doctor can help you prove the amount of special damages that you should receive as part of your settlement. A range of options, from physical therapy to surgery, are available as a treatment for rotator cuff tears.

Treatment can be expensive—particularly physical therapy, which may not be covered by some insurance plans. Having a record of your doctor’s treatment plan can make it easier to prove that your settlement should include the cost of whatever treatment you received.

What Other Factors Can Affect My Settlement?

There is no average settlement for a rotator cuff injury because the facts of each case are unique. In addition to documentation from a medical professional, several other factors may affect your settlement amount.

Availability of Evidence

Depending on the details of your automobile accident, it may be easier or harder to prove that another driver’s negligence caused your injury. If your accident occurred in a busy area, there may be witnesses who are willing to give statements about the causes of the accident.

Some locations, such as parking lots, are subject to security surveillance, and it may be possible for you to use this footage to establish the other driver’s fault. The more evidence you have supporting your claim, the higher the settlement you can likely negotiate with the responsible party. A negligent driver will want to avoid going to court if you have a strong case.

Comparative Fault

If you were partially at fault for your car accident, this can reduce your damages award. In Mississippi, your award will be reduced by the percentage of the fault that is assigned to you. This is known as the pure comparative negligence rule.

This rule can affect you even if you are trying to reach a settlement out of court. The other party to the accident can use your contribution to the accident as leverage to get you to agree to a lower settlement amount, knowing that you will face a reduced award if you take your claim to court.

Hiring an Attorney

Hiring an attorney can help increase your settlement award. An experienced personal injury attorney knows Mississippi law regarding car accidents and can negotiate a higher settlement.

Your attorney will know how strong the evidence is for your claim and can help you consider the likely outcome of a trial given this evidence. Knowing the probable alternative outcome if your case goes to court is valuable leverage when negotiating your rotator cuff injury settlement amount. 

Call Our Office Today

The car accident lawyers at Harris Law Firm are ready to take your call. If you have questions about your rotator cuff tear and the car accident settlement you may receive, talk to us today.

Our focus on personalized client service and diligent pursuit of accident victims’ rights will help you receive the compensation you deserve. We have more than three decades of experience, so you can rest assured that your case is in capable hands.

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