What do I need to do for my shoulder injury car accident case?
Car accidents can be traumatic experiences, leading to physical and emotional trauma that can last a lifetime. One of the most common injuries sustained in car crashes is shoulder injury, which may include damage to the bones, muscles, tendons or ligaments.
Fortunately, victims of car accidents have legal rights when it comes to seeking compensation for their damages. In this article we will explore some of the common types of shoulder injuries caused by car accidents as well as discuss how an experienced lawyer may help victims recover financial compensation for their losses related to these types of injuries. An Austin car accident lawyer can help you get started with your shoulder injury car accident case.
How do shoulder injuries happen in car accident cases?
Shoulder injuries in car accidents can occur when the occupant of a vehicle is thrown around during an impact. Typically, the force of impact will push the passenger's body forward which can cause damage to their shoulder area as a result. Shoulder injuries range from mild sprains and strains to more serious fractures or dislocations, depending on the severity of the accident.
In addition to impacts that cause direct trauma to the shoulder, whiplash is also another common type of injury associated with car accident cases. Whiplash occurs when one's head is snapped forward abruptly and then forced backward in rapid succession due to a collision impact. The strain on these areas caused by whiplash commonly leads to severe pain and swelling resulting in:
Rotator cuff tears
Dislocated shoulders
Broken collarbones.
How does a shoulder dislocate in a car accident?
A shoulder dislocation can occur in a car accident when the impact of the crash is powerful enough to cause the shoulder joint to be pushed out of its normal position. The force and direction of the impact will determine how severe a person's shoulder injury is, as well as how easily it can be put back into place. When a car accident has resulted in a dislocated shoulder, it is important for an individual to seek immediate medical attention as this type of injury can be painful and may require surgery or other treatments for proper healing.
In some cases when a person experiences a dislocation after an auto accident, they may not realize what has taken place until further tests or examinations have been performed by medical professionals. In order to properly diagnose their injury, physicians will likely use x-rays or MRIs (magnetic resonance imaging).
Once they have determined that there has been displacement in the joint, they may attempt to relocate it manually - though this option is usually pursued if approved by an orthopedic specialist and if done correctly with minimal pain.
Furthermore, passengers may experience hyperextension of their joints upon contact with doors or windows resulting in rotator cuff tears or minor bruises that might not be noticeable at first but can become painful over time if left untreated.
What evidence can I use to prove a shoulder injury from a car accident?
The evidence that can be used to prove a car accident shoulder injury case includes medical reports, eyewitness testimonies, pictures of the accident scene, and vehicle damage. Medical reports will be the most important source of evidence as they document the type and extent of any injuries sustained in the car accident. If an individual has suffered a serious shoulder injury such as a fracture or dislocation due to the crash, these records will be key in demonstrating their damages.
Eyewitness testimonies from witnesses at the scene of the crash can also be beneficial in proving a car accident shoulder injury case. Witnesses may have seen the impact happen firsthand, or they may have noticed signs that suggest an occupant's shoulder had been injured such as wincing or limping after exiting their vehicle. It is vital to get contact information for any witnesses who may have seen what happened during and after the crash so that their statements can be used as evidence in court.
Pictures taken of the accident scene can also provide useful evidence for a car accident shoulder injury case. Photos of damaged vehicles, skid marks on pavement, and any other details regarding how exactly the crash occurred are all pieces of visual evidence that may help prove liability and strengthen an individual's claim for compensation.
Finally, it is also important to consider property damage from both vehicles involved in the collision when determining who is liable for an individual's injuries. Damage to either vehicle could support claims about how severe an impact was and ultimately demonstrate why someone has suffered a potential shoulder injury from a car accident.
Shoulder Injury Symptoms After a Car Accident
One of the most common injuries sustained in car accidents is a shoulder injury. As cars collide, occupants may be jerked forward, causing their shoulder joints to be forced beyond their normal range of motion or to be twisted or compressed. This can cause a number of serious problems, including:
Pain and swelling at the site of the injury
Stiffness and decreased mobility of the shoulder joint
An inability to raise your arm above your head
A decrease in the strength in the arm and shoulder muscles
A clicking or popping sound when using your arm
Numbness or tingling in the affected area
If you experience any of these symptoms after a car accident, it’s essential that you seek medical attention immediately as delay can cause further damage.
Approximating Pain and Suffering Damages
When it comes to assessing compensation for car accident victims, the personal injury lawyer will look at a few factors: medical bills accrued from the injury, lost wages from taking time off work, and — often the most difficult to quantify — pain and suffering damages. Pain and suffering damages are awarded based on a variety of factors, such as how severely you have suffered physically and emotionally, along with any long-term complications stemming from the injury.
When determining this figure, your lawyer will take into account things like:
The severity of your injury
Ongoing treatment or loss of quality of life
The degree to which your job and daily activities have been affected
Any psychological or emotional distress resulting from the accident such as fear, anxiety or loss of enjoyment in life.
No two cases are exactly alike; what works for one person may not be relevant to another. Talk to your lawyer about how best to approximate pain and suffering damages for your particular case.
Proving Negligence in a Car Accident Claim
Shoulder injuries can have a serious impact on your life, and you may be entitled to compensation if you’ve been injured in a car accident. However, you must be able to prove that the other party acted negligently in order to receive compensation.
It is important to understand what negligence actually means. Negligence refers to a failure or lack of care or caution on the part of the responsible party that has caused another person harm. For example, if someone was speeding when they hit you and caused a shoulder injury, speeding would be considered negligent behavior.
In order to prove negligence in your case, you need evidence showing that:
The responsible party had a duty of care towards you as a driver;
The responsible party breached this duty of care; and
This breach of duty led directly to your injuries.
In addition, it is important to consult with an attorney who specializes in personal injury cases as soon as possible after your accident because they can help you identify and collect evidence that will support your case.
The Role of Health Insurance in Personal Injury Claims
When it comes to personal injury claims, your health insurance can play a major role. That's because in most cases, it's your health insurer that pays for your medical bills rather than the person who caused the injuries.
It's important to bear in mind that each health insurance plan is unique and will have its own set of rules and regulations governing what is covered. In general, though, most health insurers will cover medical expenses related to an accident or injury, including:
Emergency medical care
Hospital stays
doctor visits
Physical therapy
Prescription drugs
Surgery
What's more, many health insurers have policies specifically designed for personal injury cases that help make the process easier. Be sure to check with your insurer for details on its personal injury policies to understand how it could affect you in such a situation.
Range of shoulder injuries from car accidents
Car accidents can cause various shoulder injuries, ranging from minor pain to severe damage such as a torn rotator cuff. The most common shoulder injuries resulting from car accidents include
Rotator cuff injuries, which can cause pain, weakness, and limited mobility in the shoulder
Strains
Sprains, and
Fractures, which can result in varying degrees of pain and mobility limitations.
Individuals who have suffered shoulder pain after a car accident must seek medical treatment promptly, as delaying treatment can worsen the injury and lead to more severe complications.
Treatment options
Treatment options for shoulder injuries may include physical therapy, medication, and, in severe cases, surgery. However, medical bills resulting from such treatment can add up quickly, and dealing with insurance companies can be overwhelming for victims.
It is, therefore, crucial for victims to seek legal assistance from an experienced attorney who can help them recover compensation for their medical bills, lost wages, and other damages resulting from the car crash. Victims may also suffer from a severe shoulder injury that requires long-term medical treatment, causing pain and discomfort that can affect their daily life and overall well-being.
The road to recovery from a car accident shoulder injury can be a long and painful one, but with proper medical treatment and legal representation, victims can focus on their recovery and regain their shoulder mobility. It is essential to treat shoulder pain seriously and not ignore it, as it can worsen and lead to more severe complications.
Seeking prompt medical attention and consulting an experienced car accident attorney can help victims navigate the legal process and obtain the compensation they deserve, providing them with financial and emotional relief.
Treatment plans for your shoulder injury from a car accident
Being involved in an auto accident can be a traumatic experience, particularly if the collision was a high-impact car accident. In such instances, there is a likelihood of suffering from severe injuries, including broken bones, deep tissue damage, muscle damage, and soft tissue damage. If you find yourself experiencing shoulder pain, pain to your upper arm bone, shoulder blade, or other severe injury, it's important to not ignore shoulder pain but to seek the help you need.
After a car wreck, it is essential to seek medical attention and get a comprehensive diagnosis, which may require diagnostic imaging to determine the extent of your injuries. A treatment plan will then be developed to address the damages, such as physical rehab to aid in your recovery. It is vital to ensure that all injuries are treated properly, particularly tendons surrounding the affected areas, to prevent long-term complications such as a slap tear.
The medical records that result from the treatment received can be valuable in the future, particularly if you are involved in any legal proceedings related to the accident, particularly if it was caused by an at-fault driver. As such, it is crucial to ensure that these records are correctly filed and kept safe.
Seeking Advice From a Car Accident Lawyer
If you or someone you know has sustained a shoulder injury in a car accident, it is important to seek legal advice. An experienced car accident lawyer can help you understand your rights and ensure that you receive the fair compensation you deserve.
Here are some tips for finding the right lawyer:
Choose an Attorney with Experience Look for an attorney who is certified and specialized in personal injury law. Make sure they have experience and expertise dealing with cases related to shoulder injuries from car accidents.
Ask for Referrals Ask family, friends and colleagues for referrals of lawyers they have worked with in the past or could recommend. Consider doing online research to narrow down your options further.
Seek Initial Consultation Many attorneys offer free initial consultations so that you can better understand the strength of your case before investing in legal fees. This is also an opportunity to ask them questions about their experience and get a sense of how compatible you are with their process, communication style, and professionalism.
Call Fletcher Law to start your shoulder injury car accident case.
If you or someone you know has sustained a shoulder injury in an Austin car accident, it is important to take immediate action. Not only will seeking medical attention help ensure that your injuries are properly treated and that any long-term effects are minimized, but having evidence of the injury can also be beneficial when filing a claim for compensation.
At Fletcher Law, we understand the importance of gathering evidence quickly to prove liability in such cases and have years of experience helping individuals get the justice they deserve after being injured in car accidents. Contact us today if you believe you may have suffered a shoulder injury due to another driver's negligence. We are here to help guide you through every step of the process and make sure your rights are protected.