How much could I get for a torn rotator cuff and labrum?
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How much could I get for a torn rotator cuff and labrum?
I was in a motor vehicle accident for which I was not at fault. I was injured and taken by ambulance from the scene. Now I have to have surgery.
Asked on October 22, 2012 under Personal Injury, Kentucky
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
It is impossible to give you reliable advice without representing you in a claim. A torn rotator cuff and labrum that requires surgery is a moderately severe injury and deserves compensation. The amount of compensation depends on a number of factors.
One set of factors relate to you. What other injuries do you have? How long have you been treating for these and other injuries? How much are your medical expenses? What kind of result do you have from the surgery? Will you have a permanent deficit? Did you lose time off work? Will you lose time off work? Will your ability to work be affected in the future? All of these factors make a difference.
Another set of factors relate to the at-fault driver. How clear is the fault? Are there aggravating factors, such as alcohol use or reckless driving involved? How much insurance does this driver have? Who is the driver's insurance company?
Yet another set of factors relate to the state and locality where this happened. What laws apply to the circumstances - did the at-fault driver violate any laws? What are the laws on comparative fault - can the at-fault driver blame you for anything? Are there limits on your ability to recover? Are there limits on your ability to recover medical expenses? How are juries treating these type of cases in your area?
All of these factors make a difference. With your injury, I strongly suggest that you retain an attorney to represent you. It is unlikely that you can negotiate a fair settlement or handle all of the collateral issues that arise in these type of cases (such as paying back any insurance company that paid for your medical expenses, paying your doctors for the bills that are not paid by insurance, meeting any statutory prerequisites in your state, etc.).
Good luck.
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