A shoulder injury is any type of injury to one or both of a person’s shoulders. A shoulder injury can be particularly debilitating, since they often affect the person’s use of their hands and arms. Shoulder injuries can also develop in connection with head, neck, or back injuries.
Some common causes of shoulder injuries may include:
- On-the-job injuries
- Repetitive strain (such as when a worker is required to perform heavy lifting or lifting of objects above the head)
- Slip and fall accidents
- Accidents caused by another party’s negligence
- Medical malpractice (i.e., defective shoulder surgeries, misdiagnosis, etc.)
Finally, shoulder injuries may also be caused directly through criminal acts or civil tort acts such as assault and battery.
Is It Possible to Be Compensated for Losses Caused by a Shoulder Injury?
Depending on the nature of your shoulder injury, you may be able to recover various losses that were caused by a shoulder injury. In general, most persons can recover the following financial costs in relation to a shoulder injury claim:
- Medical costs, such as hospital fees and prescription medication costs
- Work-related costs, such worker’s compensation benefits
- Lost wages, if the injury caused the person to lose work hours (may also include loss of future earnings)
- Punitive damages, if the injuries were caused through criminal intent (not available for all cases)
- If available, damages associated with pain and suffering
If the injury is due to a work-related accident, the injured person may need to file a claim with a government agency in order to obtain relief. In some states, a person cannot file a work-related lawsuit unless they first file with such an agency. A lawyer may be needed in order to file the claim with the agency.
What Type of Evidence Do I Need to File an Injury Lawsuit?
If you have suffered a shoulder injury, you should take the following steps to make sure that you have enough evidence to satisfy a claim:
- Record all important information related to the injury or accident. This may include dates, such as when the injury occurred, as well as locations
- Obtain any testimony and information related to witnesses of the injury
- Be sure to keep and make photocopies of all medical documents related to the injury
- If police authorities were involved, request a copy of the related police report
- You may wish to write a detailed, step-by-step of the shoulder injury. Be sure to describe how the injury has affected your daily life, and whether you need compensation
In some personal injury claims, the testimony of an expert medical witness may be required. The expert witness may be requested to verify the extent of a shoulder injury. An attorney can help brief you on how to cooperate with expert witnesses.
Do I Need a Lawyer for a Shoulder Injury Claim?
Shoulder injury claims can often be complex. They may involve several weeks or months of research and analysis. This means that your claim may be processed some while after the actual injury occurred. You may wish to work with a personal injury lawyer, who can help you compile all the documents and evidence that will be used in your case.