The short answer: What a shoulder injury claim is worth depends on the injury’s severity, whether surgery is needed, how permanent the damage is, and how much it interferes with your ability to work. A rotator cuff or labrum tear that requires surgery generally carries more significance than a strain that heals on its own. In Georgia, you usually have two years to file, and your settlement may be reduced if you were partially at fault.
Reaching for a seatbelt. Lifting a coffee cup. Rolling over in bed at night. After a shoulder injury from a car accident, the smallest movements can turn into painful reminders of the crash. That pain drags on for months while the bills pile up and you’re still trying to heal. If you’re worried about recovering both physically and financially, The Persons Firm is here to help.
In this article, our Marietta car accident lawyer discusses:
– The types of shoulder injuries car accidents cause
– How these injuries happen in a collision
– Symptoms to watch for
– Treatment options and recovery timelines
– What affects your shoulder injury settlement value
– How Georgia’s comparative negligence rule applies
What Types Of Shoulder Injuries Are Common After A Car Accident?
Car accidents commonly cause rotator cuff tears, labrum tears, shoulder dislocations, fractures, and frozen shoulders. The shoulder is one of the most mobile joints in the body, and that same mobility is what makes it so vulnerable in a crash.
The injuries we see most often include:
– Rotator cuff tears: Damage to the muscles and tendons that stabilize the joint.
– Labrum tears: Tears to the cartilage rim that holds the shoulder in its socket.
– Dislocations: The upper arm bone is forced out of the socket.
– Fractures: Broken bones in the collarbone, shoulder blade, or upper arm.
– Frozen shoulder: Stiffness and pain that set in as the joint is protected during healing.
How Do Car Accidents Cause Shoulder Injuries?
Shoulder injuries usually occur when a sudden force impacts the joint during a collision. Three causes stand out.
Your seatbelt saves lives, but it can also press hard across the shoulder in a sudden stop, straining the muscles and tendons. Many drivers brace against the steering wheel in the split second before impact, sending the force of the crash straight into the shoulder joint. In a side-impact or T-bone collision, the shoulder can also be crushed against the door or console.
What Symptoms Should You Watch For?
Common symptoms include pain, weakness, limited range of motion, swelling, and a popping or clicking sensation when you move your arm. Some show up right away. Others take days to appear as the adrenaline wears off.
Don’t wait to see how you feel. See a doctor as soon as possible after your accident. Prompt treatment protects your health and creates a medical record that ties your injury directly to the crash, which matters a great deal for your claim.
How Are Shoulder Injuries Treated, And How Long Does Recovery Take?
Treatment ranges from rest and physical therapy for mild injuries to arthroscopic or open surgery for more serious tears and fractures. Your doctor will tailor treatment to the type and severity of your injury.
Milder injuries may heal with rest, ice, anti-inflammatory medication, and a few weeks of physical therapy. Serious ones often call for arthroscopic surgery (a minimally invasive repair) or open surgery, followed by months of rehab. Recovery can take anywhere from a few weeks to a year or more, and some people never regain full use of the shoulder.
What Affects The Settlement Value Of A Shoulder Injury Claim?
The value of a shoulder injury settlement depends mainly on the severity of the injury, whether surgery is required, the permanence of the damage, and how it affects your ability to work. No two cases are the same, and there’s no fixed formula.
A few things tend to push a shoulder injury claim’s value higher:
– Surgery: Surgical cases usually involve higher medical bills and longer recovery.
– Permanency: Lasting weakness, stiffness, or limited motion adds to your damages.
– Lost income: Time off work and any reduced earning capacity count.
– Pain and suffering: The physical pain and the effect on daily life also matter.
Your settlement should also account for medical expenses, both current and future. Insurance companies often undervalue these claims, so having someone review your case can make a real difference.
*Every case is different, and past results do not guarantee future outcomes.*
How Does Georgia’s Comparative Negligence Rule Affect Your Claim?
Georgia follows a modified comparative negligence approach, which means you can still recover compensation as long as you were less than 50% at fault for the crash. Under O.C.G.A. § 51-12-33(g), Georgia law bars a plaintiff from recovering damages if the plaintiff is 50% or more at fault for the injury or damages claimed. If your share of the blame is smaller, your recovery is simply reduced by that percentage.
Timing matters too. Under O.C.G.A. § 9-3-33, actions for injuries to the person must be brought within two years after the right of action accrues. Waiting can cost you the right to recover anything, so it’s best to reach out early.
Frequently Asked Questions About Car Accident Shoulder Injuries
How much is my shoulder injury claim worth?
There’s no set amount. Value depends on your medical bills, whether you need surgery, how permanent the injury is, and how it affects your work and daily life. The best way to understand what your claim is worth is to have an attorney review the specific facts of your case.
How long do I have to file a claim in Georgia?
You generally have two years from the date of the accident. Don’t wait. Evidence disappears, and memories fade.
What if I were partly at fault for the accident?
You can still recover as long as you were less than 50% at fault, though your compensation is reduced by your share of the blame. That’s why it helps to have an attorney who can push back when the other side tries to shift fault onto you.
How much does it cost to talk to a lawyer?
Nothing. The Persons Firm offers a free consultation so you can weigh your options without any pressure or obligation.
The Persons Firm Is Here To Help
A shoulder injury can upend your daily life, and you shouldn’t have to face the insurance company alone while you’re trying to heal. Our attorneys at The Persons Firm, LLC handle car accident claims for people throughout Marietta and the surrounding areas, and we’ll walk you through every step so you can focus on your recovery.
We are here to help. Contact us at [Phone] for a free consultation. You can also visit our Marietta office at 531 Roselane Street Northwest 200, Marietta, GA 30060, and let The Persons Firm support you through this difficult time.