Rotator cuff injuries can be painful and debilitating. A torn rotator cuff can lead to functional limitations, numbness, limited mobility, and chronic pain. Rotator cuff injuries can arise from slip and fall accidents, falls from heights, traffic accidents, or any number of other events. If your rotator cuff was injured due to someone else’s negligence, you might be eligible for a sizable personal injury award. The value of your case can turn on many different facts, which we discuss below. Call a dedicated New York personal injury lawyer for help with a rotator cuff or other injury claim.
Factors Affecting Rotator Cuff Settlements
Rotator cuff injuries can range from mild to severe. When it comes to a personal injury case, the main factor in determining the value of a claim is the severity of the injury. There are several measures of severity when considering a rotator cuff injury, including:
- Whether the rotator cuff tear was partial or full
- Whether the plaintiff required surgery after the accident
- Whether the plaintiff has any permanent or long-lasting functional limitations
- Whether the plaintiff continues to feel chronic pain, numbness, or weakness as a result of the injury
- How well the patient healed after surgery
- How long the plaintiff was out of work due to the injury
- Whether the injury is on the plaintiff’s dominant side (i.e., the plaintiff is right-handed and injured their right shoulder)
- Whether the plaintiff’s daily life and recreational activities have been impacted by the injury, how much they have been affected, and for how long they will likely be affected
- Whether the plaintiff will require ongoing physical therapy, nursing care, or additional medical procedures
- The plaintiff’s age
- The plaintiff’s previous medical history
The more severely the plaintiff’s life has been affected by the injury, the higher the value of the claim will be. Make sure to discuss any and all issues arising from your rotator cuff injury with your personal injury lawyer to ensure that they can help you maximize the value of your claim.
Punitive Damages
The conduct of the defendant in causing the injury can also affect the claim. If the defendant’s conduct was especially egregious and demonstrated a reckless disregard for the health and safety of others, then the plaintiff might be able to pursue punitive damages. Punitive damages are awarded on top of compensatory damages in order to punish and deter wrongful conduct. If punitive damages are on the table, a plaintiff’s settlement value or trial award could be significantly higher.
Call a Seasoned Personal Injury Lawyer After a Rotator Cuff Injury in the Bronx
If you have suffered a serious rotator cuff injury as a result of someone else’s negligence in New York, find out if you’re entitled to compensation by calling the experienced and talented New York personal injury lawyers at the Bronx offices of the Kohn Law Firm for a free consultation at 718-409-1200.