How much would an injured shoulder be worth in an insurance settlement?
As with any kind of personal injury case, without knowing all the particulars of your situation, it’s impossible to estimate what your shoulder injury claim might be worth in an insurance injury settlement.
But it is possible to tell you the kinds of things that the insurance company will consider when calculating the value of your claim -- in other words, what to offer you in the hopes that you’ll agree to settle the case.
The seriousness of your injuries. Did you suffer a soft-tissue shoulder injury that will heal on its own? Was there any tearing of ligaments or tendons, as with a rotator cuff injury?
Your medical treatment and prognosis. How much medical attention did your injuries require? Will you need additional ongoing treatment down the road?
The impact of your injuries on your daily life. Did you miss work because of your injuries? Will you be able to keep working in your current field of work? Has the injury interfered with a hobby or sporting activity you regularly pursue?
The clarity of fault for the accident. Was the other party obviously at fault for the accident that resulted in your injuries? Do you share some amount of liability?
Obviously, the value of your shoulder injury claim (in the insurance company’s eyes) will go up or down depending on how the facts of your case fit into these four main factors.
Let’s say you’ve suffered a serious and permanent shoulder injury that will impact you for the rest of your life (you will no longer have full range of motion in one arm, for example). Your injury may even keep you from performing the same type of work you engaged in prior to the accident, so your livelihood is impacted. What’s more, the other party was clearly at fault for the accident that caused your injury.
In that case, your claim might be worth hundreds of thousands of dollars, especially if you’ve already received extensive medical treatment, and will require even more treatment down the road (such as a prolonged course of physical therapy).
by: David Goguen, J.D.