How to Value a Rotator Cuff Injury for a Personal Injury Claim

Compensation for personal injury claims for rotator cuff injuries are valued according to the extent of the injury. When determining the amount of a damage award, a jury must evaluate each injury individually with regards to its seriousness and required medical treatment. Because of this, it is impossible to ascribe a general value to rotator cuff injuries.

Settlement vs. Litigation

Settlement negotiations for personal injury claims occur between you, your attorney and the insurance company outside of court. The purpose of a settlement is to allow the parties to agree to a compensation amount. Settlements are less expensive than litigation because they do not include court costs and other expenses.

Permanent Damage and Disfigurement

The delicacy of the shoulder and rotator cuff area makes injuries to that area quite serious. Compensation for the injury will usually by higher if you prove permanent damage to the area through medical records and your physician’s opinion about whether you will fully recover function in your shoulder or arm. A rotator cuff injury may be considered permanent even if you require injections and other non-surgical treatments for the remainder of your lifetime.

Permanent disfigurement in rotator cuff injuries is rare but not impossible. Like permanent damage, disfigurement makes the value of the injury higher. However, if the disfigurement is only slight or can be covered up by clothing, compensation may not be much higher. Permanent damage and disfigurement awards compensate you for the impact the injury has on your daily life.

Medical Damages

Damage awards pay for the past and future medical expenses of the rotator cuff injury. Previously paid medical expenses are often refunded dollar for dollar. Future medical expenses are estimated based on the treating physician’s recommendations about the type and cost of anticipated treatment.

Compensation for Lost Wages

Damage awards also compensate you for actual lost wages and any wages expected to be lost in the future. Past lost wages are compensated in their exact dollar amount. Future wage compensation is based on your salary or hourly wage at the time of your injury and includes estimates of any expected promotions or bonuses.

Pain and Suffering Compensation

Because very few things can be done on a daily basis without moving arms and because of the fact that most rotator cuff injures are painful, compensation for pain and suffering for these injuries is usually quite high. The subjective nature of pain makes the value for this damage difficult to estimate. In general, though, the more proof of injury and the more serious the injury, the higher its value will be.

Seeking Legal Advice

If you need more help valuing your rotator cuff injury, seek legal advice. An attorney will review your medical files and discuss with you the average settlement awards for similar injuries in your area.