If you have a personal injury case that involves a shoulder injury, then you might wonder what steps to take to file a claim and how much you are entitled to.
Each personal injury case is unique on its own. However, there are certain factors that cut across all shoulder claims. Before that let’s have a look at different types of shoulder injuries.
Normally, a shoulder injury comprises muscle ligaments at the joints and tendons. There is two major medical categories associate with shoulder injuries.
The first one is known as instability – when one shoulder is not aligning properly that often leads to pain if the injuring person attempts to raise his or her arm.
The second category is calling impingement. This is when the muscles of the shoulder rub against the blade at the top of the shoulder.
How shoulder injuries value by parties
Personal injury valuation means determining the best possible guess as to what the plaintiff might be award by a jury while at the same time considering what the defendant is willing to pay.
There are two main factors using in valuing a shoulder injury:
- The nature of and extent of the injuries inflicting on the plaintiff
- The likelihood that the defendant will be found liable for causing the injuries
Just like any other personal injury, there are laid out procedures for filing for damages or compensation.
Below are 9 critical steps to prepare for shoulder injury compensation:
The first step begins with meeting with an attorney in what is also referring to as consultation. Most personal injury lawyers offer consultation for free.
At the consultation stage, you suppose to reveal the details of the case such as the nature of the accident and the level of injuries.
The lawyer will ask you several questions as you also seek clarifications on some of the things you don’t understanding.
The lawyer will also tell you the best course of action as well as the type of damages or compensation that you be granite.
Filing of court documents
The next step is for your attorney to file a personal lawsuit and serve all parties involved with relevant documents. The accusing party will be list as the defendant while you will be listed as the plaintiff.
After all the parties have been served with court documents, the next stage is discovery. This is where evidence is exchange formally.
During this stage, your lawyer will send a list of interview questions to the defendant. Your lawyer can also request for additional evidence or documents at this stage.
Pretrial motion and hearings
Lawyers usually use this stage to demand more evidence from either side. Both sides may also try to reach an agreement and prevent the case from going to a full trial.
For example, the lawyer representing the accused person may file a case dismissing all the evidence provide by the plaintiff’s side.
Here is where lawyers attempt to reach a settlement before a case proceeds to a full hearing. A settlement gives the defendant an opportunity to agree to pay compensation in exchange for releasing from liability by the plaintiff.
Negotiations typically begin by a plaintiff placing a demand for compensation before a defendant replies with an offer. The two sides will negotiate until they come into an agreement or proceed to a full trial if they fail to agree.
In case the parties fail to agree, the personal injury case will proceed to trial. This stage involves a jury deciding if the defendant is guilty or not and determining the amount of compensation.
Collecting your judgment
After agreeing on a settlement with the defendant, the judge will enter a judgment in your favor. Your lawyer will then collect the funds and distribute them accordingly.
In case the defendant feels that compensation issued is too high, he or she can file a post-trial motion to have the amount reduced.
Both parties can decide to appeal the case if they feel unsatisfied by the court’s verdict. For example, if the court denies you the personal injury compensation, your lawyer can file another lawsuit to challenge the decision.