In a car accident, someone’s negligence might end up costing you a rotator cuff tear and if this is what truly happened then you have a case on your hands. The rotator cuff are group of muscles and tendons that makes sure the shoulder stays steady and a rotator cuff tear arises when one of these tendons or muscles gets torn either because of excessive use or injury.
They weaken the shoulder and disrupts your daily activity and we have brought you this article which talks about compensation for rotator cuff surgery. Victims are aware of the fact that a lawyer isn’t going to heal the pain they are suffering because of a torn rotator cuff injury and that is why it is the job of the lawyer to ensure that they get the best settlement as possible.
The fact is permanent shoulder injuries would always have a larger settlement plan compared to other injuries that you can easily recover from. A torn rotator cuff injury is one that would result to so much pain and it could also end up leading to other complications.
We would be using the case study of a home care giver who who suffered a torn rotator cuff injury while taking care of a service user. The injury she sustained were so severe that she had to change her job. Instead of continuing working as a care giver, she decided to settle for the job of a teacher and this tells you that she settled for a less paying job. She also decided to get a payout for the rotator cuff injury that she had sustained and she hired a legal professional to help build a case.
Compensation For Rotator Cuff Surgery
If you are considering getting a a payout for the torn rotator cuff injury that you have sustained then you should try hiring a lawyer that would help in gathering evidences that will be used when negotiating with the insurance company. Studies have also shown that a rotator cuff injury takes a lot of time to heal and in most cases, it would also require surgery as a remedy for the situation.
The payout for this situation here would have to cover for the surgery, the pain and also time taken off work to get medical attention and also heal. All of these can be used as mitigation when filing for a claim and in the case of the woman we are talking about, her case was made against the care home because they didn’t put anything in place that would ensure its staffs are well protected from suffering injuries like this.
It is the duty of employers to make sure that all of their staffs are protected at work and most companies today still fail in completing the required risk assessments. You would need the help of a professional lawyer if the insurer isn’t admitting liability. A competent lawyer would be instrumental in building a very strong case just in case the other party refuses to take liability for the injured worker and the case would be built on evidence from claimant, witness reports, medical records and medical expert reports.
The lawyer can use all of these to prove why his client is demanding a payout from the insurer and trust me if the evidences are strong then the insurer would take responsibility. It could also result to the insurer making an interim payment for treatment of the injury.
In the case of the giver, after getting an interim payment to cover up for some medical bills, she later sought for a full payout for the rotator cuff injury she had suffered and since the insurer had already admitted liability because of the strong evidences that have been tabled against them.
They ended up paying out $65,000 in full to the claimant for her injury. The interesting part about this case is it didn’t get to court and a settlement was reached amicably and often times, this is always the case.
It is way better for the claimant not to go through additional stress and trauma that comes with chasing a court case but the most important thing here is if you are considering asking for a full payout as compensation for rotator cuff surgery then you would need a legal representative by your side. A lawyer would be able to listen to all you have to say and come up with a better compensation amount that would cover up for all that you have lost.