A rotator cuff tear is a common injury caused by the impact of a vehicle accident, especially a rear end collision. Depending on the severity of the injury, it may mean considerable pain, extensive surgery and loss of earnings because of the need for recovery at home.
The full cost of such an injury may be recovered by filing a personal injury claim against the person who caused the accident.
A claim should include full medical costs, lost earnings and a component for pain and suffering. Insurers routinely try and claim that rotator cuff injuries are caused by normal wear and tear of the body and may argue that the injury was pre-existing.
Careful medical analysis and documentation by a medical professional as well as legal help provide by an experienced personal injury attorney can be invaluable.
How a Rotator Cuff Tear Injury Can Affect You
The rotator cuff is the combination of muscles and tendons that help to control the shoulder joint. This joint is normally the most movable of all the body’s joints. A rotator cuff tear can happen when the body is jerked forwards and puts the shoulder area under sudden severe strain.
This can happen, for instance, when the driver is bracing him or herself holding on to the steering wheel just as the vehicle lurches forwards.
The tear is normally in one of the tendons and makes the whole joint swell up, become painfully tender and prevent the full range of movement at the shoulder that was available previously.
Like a lot of car accident injuries, a rotator cuff tear may heal by itself with rest and time off work, but if the injury is more severe, it will need surgery to repair the tear and expedite recovery.
Because of the inability to freely move the joint, this may severely impact on the injured person’s ability to carry out their normal occupation. The full extent of the injury may not be detected until some time after the injury itself, although an examination by a physician may confirm that damage has been done.
It is important that any unusual symptoms experienced after an n accident should be carefully examined by a physician. If an injury is left too late before diagnosis, it may allow an insurer to conclude that the injury was unrelated to the accident and deny a claim.
Damages That Can Be Claimed For a Rotator Cuff Tear
A rotator cuff tear can make it hard to do one’s normal job. Even if the tear is not in the shoulder on the same side as the arm that is used the most, loss of movement can be inconvenient, embarrassing and painful. Claiming for such an injury may be absolutely essential if long term prognosis is not favorable.
It would be expected that a personal injury claim would be carefully calculated to take into account the cost of treatment, the loss of earnings while absent from work, an amount for “pain and suffering” (depending on the state in which the injury took place) and possibly punitive damages if the degree of negligence is hard to refute.
Find out more about what damages you might be entitled to if you file a personal injury claim.
Consult with a Personal Injury Attorney
Compensation for a rotator cuff tear is too important to neglect experienced legal help. Insurers may try and take advantage of your lack of legal knowledge and state personal injury law and reduce the claim amount offered or even deny the claim altogether.
An experienced personal injury attorney will help to ensure you ultimately get the sort of compensation you need to get your life back on track.
Find out more on how a personal injury attorney can help you with your case.