There is no way to calculate what an average payout might be after a crash in Louisiana, even for victims who suffered similar injuries or underwent the same types of treatment. Too many factors contribute to the value of a collision case to compare the outcomes.
Each crash occurs uniquely, and each victim suffers unique injuries that require an individualized treatment plan. The best way to learn what a fair settlement value might be based on your Louisiana crash is to work with a personal injury attorney who can investigate and put a fair price on the case. Our team is here to help.
You can schedule a free case evaluation with a Lafayette, LA, car accident lawyer to discuss your right to a fair settlement today.
Shoulder Pain After a Car Accident Could Be a Serious Injury
A shoulder injury could occur in any accident, leading to severe limitations on range of motion, pain, and even lasting impairment. Don’t dismiss your pain in the days immediately following an accident. The longer you wait to go to a doctor to address your pain, the worse an injury may get.
Crash injuries that cause shoulder pain may include:
- Fractures of the bones that comprise the shoulder joint
- Partial tears of the soft tissues
- Dislocation of the shoulder
- Fractures or breaks in the upper arm bone
- A rotator cuff tear, which refers to the shoulder muscles that stabilize the joint
- Other soft tissue injuries, which could involve nearby muscles, ligaments, or tendons
Whiplash, usually thought of as a neck injury, can also cause pain in the shoulders, particularly across the back of the shoulders. This pain may also radiate down one or both arms. Stiffness in the neck and a severely limited range of motion are other possible symptoms.
Note that it does not matter whether you find yourself contending with minor injuries or severe injuries. Either way, physical losses stemming from a negligence-based car accident can entitle you to loss compensation. You have the right, in the face of negligence-based losses, to demand support from the party responsible for your condition.
Treatment and Recovery Could Last a Few Weeks to Several Months
The treatment for your pain and underlying injuries will depend on the diagnosis and other factors. An emergency department physician, your primary doctor, or an orthopedic doctor may order X-rays and other imaging tests to evaluate your symptoms and put a plan in place to address them.
Immobilization, physical therapy, or surgery may be necessary to stabilize the joint and ensure proper healing. If you undergo these treatments, work with family members or an attorney to keep track of your medical bills. You may have the right to hold the party responsible for your car accident legally liable for your medical treatments.
Some Accident Survivors Need to Take Significant Time Away from Work
Shoulder injuries require recovery time. Depending on your job and its required tasks, an extended period could pass before your doctor releases you to return to work. There may be additional limitations on your everyday activities, as well.
This requires you to pay for medical care, therapy, and other expenses while causing you to miss out on paychecks and activities you enjoy. Even handling chores around the house or lifting your children might be challenging to do.
You can keep track of your lost wages while away from work so as to later demand fair compensation from a liable party. Any complaint you file against the offending party may also site the cost of in-home assistance with children and chores as costs the liable party needs to compensate you for.
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Personal Injury Claims Allow You to Fight for Accident Injuries Compensation
If you want to hold an at-fault party financially responsible for the losses you endured in a personal injury accident, you can file a shoulder injury claim with Louisiana’s civil courts. Note, however, that the courts require you to meet the state’s burden of proof before you move your case forward.
To meet Louisiana’s burden of proof, you must prove the following:
- A liable party owed you a duty of care
- The liable party engaged in preventable negligence
- The negligence resulted in a car accident that damaged your shoulder
- The economic losses you’re now dealing with directly relate to your accident
Evidence Establishes Your Right to a Shoulder Injury Lawsuit
Your personal injury lawyer will help gather the evidence needed to make these claims. At the same time, our team can work with you to defend your right to comprehensive accident compensation, as you have an equal obligation to prove your right to financial support.
Before bringing your case forward in court, make sure medical professionals create recorded notes detailing the severity of your injuries. Our legal team may later recommend calling on medical experts, including emergency responders who came to the accident scene, so that they can contribute to your fight for a shoulder surgery settlement.
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Should You Bring Your Losses to an Insurance Company’s Attention?
The party responsible for your car accident should, at the least, maintain Louisiana’s minimum liability car insurance. So long as they do, you may have the right to file an insurance claim for an accident settlement with an applicable insurance company.
That said, filing an insurance claim does not guarantee your right to a fair settlement. Insurance providers can prioritize their own best interests, even in the wake of a severe accident.
We recommend calculating the total value of your accident before meeting with insurance claims adjusters so that you can more accurately defend your right to accident compensation.
Don’t Let Insurance Companies Take Advantage of You
Remember: there’s no such thing as an average settlement for car accident-related shoulder injuries. Do not let an insurance claims adjuster try to minimize your losses.
If you’re struggling to communicate with an insurance adjuster, consider calling a Louisiana car wreck lawyer for representation. We offer free legal consultations to motor vehicle accident survivors.
You can request that a personal injury lawyer help you appeal a denied claim if you believe an insurance provider acted in bad faith. Our team can even open an investigation into that provider’s behavior with the intent to take them to court over their misconduct.
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What Damages Can You Recover By Filing a Claim Against the At-Fault Driver?
You can secure payment for the expenses you had to pay and the losses you incurred due to the crash. This could include your current and future damages, as well as intangible losses.
If you have an advocate from our personal injury law firm on your side, we can help you calculate a settlement range that is appropriate based on your shoulder pain, limitations, expenses, and more.
Examples of recoverable damages in a Louisiana car accident with shoulder injuries can include:
- Medical bills for evaluation, surgery, treatment, and physical therapy
- Future medical expenses related to the injury
- Lost income while you missed work during recovery
- Repair or replacement of your car
- Additional property damages
- Additional expenses related to the crash
- Pain and suffering
- Loss of enjoyment
- Reduced quality of life
Note that you must have evidence on hand to prove your right to the economic and non-economic damages you include in a car crash complaint.
A car accident attorney can help you gather that evidence without exacerbating common shoulder injuries or other severe conditions.
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Working with an Attorney Can Help You Focus on Physical Recovery
If you choose to let a lawyer from our firm handle your claim, you can focus on your treatment, therapy, and getting your injured shoulder back to full strength and range of motion. We will take care of gathering evidence and preparing your case to pursue compensation.
Once we have supporting evidence and a good idea of what an appropriate settlement range might be, our lawyer will file an insurance claim based on the at-fault driver’s liability coverage. We will demand a fair settlement and negotiate with that goal in mind. If the insurer does not negotiate in good faith, we can prepare a lawsuit on your behalf and sue the at-fault driver.
Deadlines for Suing the At-Fault Driver in Your Crash
Louisiana’s personal injury statute of limitations establishes the timeline on which you must file a personal injury case. The statute of limitations strives to preserve the value of case-related evidence by keeping the cases that come before Louisiana’s civil judges recent.
In most cases, Louisiana traffic accident victims only have up to one year to take legal action under CC Art. 3492. Missing this deadline could prevent you from suing the driver who caused your crash, taking the case to trial, and recovering a court award.
Exceptions to this statute could mean you have even less time to file a lawsuit or take other legal action. As such, consider enlisting the help of an attorney who can begin the process well before the first anniversary of the crash.
What to Expect When You File a Personal Injury Claim After a Car Accident
So long as you file your rotator cuff injury claim within your statute of limitations, Louisiana’s civil courts should consider the request for damages that you put forward. You or your attorney should receive word from the courts alerting you as to whether or not your case will move forward.
Should your case progress, you get to choose whether you negotiate for a fair personal injury settlement or you go to trial. You can work with your attorney to establish a timeline negotiation on your own. If you’d rather go to trial, though, you can expect your attorney to open up discovery.
The other stages of civil litigation break down as follows:
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation and verdict
Which Legal Process Helps You Recover from a Shoulder Injury the Fastest?
In the legal process for shoulder injury claims, negotiations typically precede a trial, and their purpose is to explore the possibility of settling without the need for a courtroom battle. Negotiations can be more efficient in terms of time, as they avoid the lengthy trial proceedings, including jury selection and deliberation.
However, negotiations can come with their own set of challenges. During negotiations, there may be substantial pressure from the opposing party or their insurance company to lower the amount you’re seeking in your settlement.
While this pressure can be challenging, it doesn’t mean you have to compromise your right to fair compensation. Negotiations can sometimes be a back-and-forth process, which might take some time to reach a mutually acceptable resolution.
What If Your Case Proceeds to Trial?
If negotiations fail and your shoulder injury case proceeds to trial, it can be a more time-consuming endeavor. Trials for severe shoulder injuries typically span several months to potentially a year. This extended timeline accommodates essential aspects of the legal process, including building a robust case strategy and allowing for jury deliberation.
While the prospect of a lengthy trial may seem daunting, it offers valuable opportunities to ensure you receive a comprehensive and just settlement for your shoulder injury.
The extra time allows for meticulous case preparation, gathering of evidence, presenting your case convincingly, and giving you the best chance to protect your rights and secure the compensation you rightfully deserve.
Laborde Earles Injury Lawyers Can Evaluate Your Options Today for Free
You can discuss your shoulder injuries, accident claims, and legal options today for free with our team. Laborde Earles Injury Lawyers provides free case reviews to car accident survivors and their executors. Our attorneys can represent clients for a contingency fee, meaning we receive our payment only if we recover compensation for you.
You can reach our main office in Lafayette by phone or through our online contact form to learn more. We also have offices serving Alexandria and Marksville, as well as New Orleans and its surrounding parishes.
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