Shoulder injuries from accidents can have lasting effects on your daily life, work capacity, and overall well-being. When someone else's negligence causes your injury, you deserve fair compensation for all the ways this trauma has affected you. At Kode Law, Seattle personal injury lawyer Preet Kode works with clients to help ensure their damages are fully documented and that they have the resources they need to move forward with confidence.
Types of Damages Available for Car Accident Shoulder Injury Claims in Seattle
Your shoulder injury deserves compensation that addresses both your immediate needs and long-term challenges. Understanding the types of damages available in a car accident claim helps you make informed decisions about your case and ensures you don't settle for less than you deserve.
Economic Damages
Economic damages represent the measurable financial impact of your shoulder injury. These concrete losses form the foundation of most personal injury claims and include several important categories.
- Medical expenses. Emergency room visits, diagnostic imaging like MRIs and X-rays, orthopedic consultations, and surgical procedures can quickly accumulate thousands of dollars in bills. Physical therapy sessions, which may continue for months, add substantial costs. Prescription medications for pain management and inflammation also contribute to your medical expenses.
- Future medical costs. Some injuries require ongoing treatment, additional surgeries, or long-term physical therapy. Shoulder replacement surgery, for example, may become necessary years after your initial injury.
- Lost wages. If your shoulder injury prevents you from working, you can seek compensation for the income you've already lost. Compensation for lost wages includes salary, bonuses, commissions, and other employment benefits you would have received. Self-employed individuals can recover lost business income during their recovery period.
- Reduced earning capacity. Perhaps you can no longer perform the physical demands of your job or must accept lower-paying positions due to your limitations. Vocational experts can help calculate the lifetime impact of your reduced earnings.
- Property damage. This includes repairs to your vehicle as well as the replacement of your personal belongings damaged in the crash. Keep all receipts and documentation related to property damage.
Non-Economic Damages
Non-economic damages compensate for losses that don't have specific dollar amounts but significantly impact your quality of life. These damages acknowledge the human cost of your shoulder injury beyond financial considerations.
- Pain and suffering compensation. This addresses the physical discomfort and emotional distress caused by your shoulder injury. The constant ache in your shoulder, the sharp pain during movement, and the difficulty sleeping on your injured side all contribute to your pain and suffering damages.
- Loss of enjoyment of life. If you can no longer participate in recreational sports or enjoy hobbies that require shoulder mobility, you deserve compensation for these losses. This damage category also covers limitations in family activities and social participation.
- Mental anguish. Dealing with chronic pain, facing an uncertain recovery, and adjusting to physical limitations can trigger anxiety, depression, and other emotional challenges. Some accident victims develop post-traumatic stress disorder (PTSD), especially after violent accidents involving significant trauma.
Factors That Influence Damage Awards in Shoulder Injury Claims
Several factors affect the settlement value of your shoulder injury case. Understanding these elements helps set realistic expectations for your case outcome.
- The severity of your shoulder injury. Complete rotator cuff tears requiring surgical repair typically result in higher compensation than minor strains. Permanent limitations, ongoing pain, and functional impairment all increase the value of your claim.
- Your age and activity level before the accident. A young construction worker who suffers a career-ending shoulder injury may receive more compensation than an older individual with a desk job. The court considers how the injury affects your remaining productive years and earning potential.
- The degree of fault assigned to each party. Washington follows contributory negligence rules, meaning your damages may be reduced if you bear partial responsibility for the accident. If you're found 20% at fault, your compensation would be reduced by that percentage.
- Insurance coverage limits. If the at-fault party has minimal insurance coverage, you may need to explore other sources of compensation, such as your own underinsured motorist coverage or the personal assets of the responsible party.
- Quality of legal representation. An experienced Seattle personal injury lawyer understands how to properly value shoulder injury cases, present compelling evidence, and negotiate effectively with insurance companies. Strong legal advocacy often results in higher settlement amounts and better trial outcomes.
