Average settlements can seem like helpful data to know the general range of what kind of settlement you could be looking at, but they are not necessarily relevant to your specific case at all. Plus, there really isn’t good data available for specific injury settlements because that info is often confidential.
Instead of relying on averages, review your case with a lawyer and have them assess what damages you can get. You should be entitled to medical bills, lost wages, and pain and suffering damages. A rotator cuff injury can keep you out of work and make it hard to do tasks at home, creating high-dollar damages until your recovery is completed.
For help with your case, call Basch, Keegan & Spada’s Albany, NY personal injury lawyers at (845) 303-2748.
How Do You Know the Average Settlement for a Torn Rotator Cuff?
To be honest: we often do not know the average settlement for any injury. Most data on settlements is limited for a few reasons:
- Courts do not always retain this data
- Data is not typically sorted by injury type
- Many settlements are confidential.
Even if we have an average amount for your type of injury, it might not be helpful if your case is different from the average – which is likely.
What Should You Do Before You Settle an Injury Case?
Before settling any injury case, take these steps:
Talk to a Lawyer
Our Hyde Park, NY personal injury lawyers can assess your specific case, understand your needs, and take the claims against the right parties to seek compensation.
Calculate Damages
Do not trust the defendant or their insurance company to calculate damages for you. They have an incentive to pay low amounts, while our goal is to see you fully compensated.
Gather Evidence
For us to be able to convince the defendant to settle – or win at trial, if it comes to it – we need evidence. This includes evidence of what happened and who was at fault, as well as evidence of what your damages cost.
Negotiate
Usually, the first offer is far too low. Never accept an offer before checking with your lawyer and having them go back and forth with the defendant.
Often, through sharp negotiations, we can bring up the settlement amount to a fair value.
File a Lawsuit
Most cases are ultimately settled “in court” after a lawsuit has already been filed. Getting your case before the court helps provide pressure and a formal framework for addressing the case, even if we ultimately settle before trial.
What Damages Can You Claim in a Settlement for a Torn Rotator Cuff?
Many rotator cuff injuries involve damages in each of these categories:
Medical Bills
A torn rotator cuff can require MRIs to diagnose the injury, plus surgery to treat it. On top of that, you will often need physical therapy and rehabilitation, whether surgery is needed or not.
These costs should be paid in full through your settlement.
Lost Wages
If your injury keeps you from working or requires reduced hours/light duty work, then you should be reimbursed for that. The person who caused your injury is responsible for all damages, including lost earnings, even if the injury had nothing to do with your work.
Pain and Suffering
You also face intangible harms like pain, mental anguish, emotional distress, and interruption to your daily activities that have no price tag. We can seek monetary damages for these harms anyway, grouped under “pain and suffering” or “non-economic damages.”
Other Damages
There may also be other “economic” damages you suffered because of the accident, such as property damage or other expenses.
Can You Get Surgery Covered in a Settlement?
Yes. Torn rotator cuffs often need surgery, so getting those medical costs covered will be an important part of your settlement.
What if Your Injury Happened at Work?
If you were hurt in the course of your work, you usually cannot sue your employer. There may be coverage through their insurance for medical care, but it does not pay full lost wages or cover your pain and suffering.
Our lawyers can help you sue outside third parties and seek a settlement against them to account for pain and suffering and other damages.
Can You Undo a Settlement if It is Too Low?
Once you accept a settlement, your case against that defendant is over. Unless there was fraud or coercion, you usually cannot undo a settlement.
Do not accept a settlement until you’ve reviewed the case with a lawyer.
Can You Negotiate for a Better Settlement?
Yes, and you should. Insurance companies are notorious for basic initial offers on business factors – like how much it would cost them to fight the case – rather than actually basing the settlement on your damages.
You should always have a lawyer negotiate and try to get a better settlement before you accept anything from the defendant.
Should You Go to Trial or Settle?
The vast majority of injury cases settle before ever going to trial. However, it may take weeks, months, or even over a year to get to the point where the defendant’s settlement offer is good enough to accept it.
Our lawyers will analyze offers and report them to you so we can go over the pros and cons of each offer. Ultimately, the choice of when to settle or go to trial is yours, but our lawyers can bring our years of experience to help you make that decision.
How Long Do You Have to Sue?
You typically have 3 years to file an injury lawsuit under the statute of limitations in New York. Insurance claims may be expected sooner than that. But all of that says when you need to start your case, not finish it.
How Long Do You Have to Settle a Torn Rotator Cuff Case?
As long as you’ve properly filed the claims, you can take your time negotiating and settling. Our lawyers can advise you on any court deadlines that might progress the case, but claims can take anywhere from a few weeks to over a year.
In general, you want to settle as quickly as you can so you can get the money you need, but only settle if the settlement is good enough. Otherwise, we can negotiate further or even go to trial.
Call Our New York Personal Injury Attorneys Today
To get help with your potential case, call Basch, Keegan & Spada’s Shawangunk, NY personal injury attorneys at (845) 303-2748.