SEEKING TREATMENT IS ONLY THE FIRST STEP
by Contributor
(May 23, 2019) — Have you been in an accident? Injured yourself in some other way? Here’s what you should do when you suffer a shoulder injury.
Shoulder injuries are particularly common after accidents or even as part of daily life.
They can develop slowly over time or all at once. Left untreated, these injuries lead to pain, discomfort, and the higher likelihood of surgery or even disability.
If you have shoulder pain, then you shouldn’t try to live with it. Not only can a doctor identify the problem and prevent it from growing worse, but you may also be entitled to compensation based on the cause of your injury.
What should you do if you suffer a shoulder injury or severe shoulder pain? Follow this guide to protect your health and mobility.
- Get Treatment Right Away
If you get in an accident or suffer an injury, the first thing you need to do is see a doctor, chiropractor, or another professional.
You don’t need to be in severe pain to warrant a trip to the doctor.
Even if your shoulder is only stiff or you feel a lack of strength, it could be a sign of a more significant injury. Getting it seen and treated will not only relieve the pain but prevent you from doing further, unnecessary damage.
Getting treatment right after the event also makes your case more compelling.
If you wait weeks or even months, your insurance company, employer benefits, or the party who caused the injury can make two arguments:
- Your injury isn’t severe because you waited weeks/months for an exam.
- Your injury may not be their fault because it could have happened in the intervening period.
The bottom line: if you might be injured, err on the side of caution. It could save you from far more pain later.
- Tell Your Insurance Company or Employer
Were you in an auto accident? Do you have benefits or insurance that cover injuries?
Get them involved quickly.
Not only will you get your benefits paid out promptly, but you’ll make a more compelling case.
Insurance companies and benefits programs don’t like paying out money: it eats into their ‘for-profit’ model. As a result, you need to put together a timely and compelling case when you make a claim. Waiting days, weeks, or worse, months, can result in a denied claim.
An insurance or paperwork trail will also aid you if you decide you need a shoulder injury lawyer.
- Find Out Your Prognosis
Some injuries are merely strains or sprains that take your arm out of service for a few days but heal quickly.
Other problems, however, can lead to years of physical therapy, medication, and even surgery. Muscle and cartilage tears and dislocated joints can take much longer to heal and may also require surgery.
You’ll need to know your prognosis and your long-term treatment plan not only to care for your body but to present to your insurance company or in the courtroom.
Following your treatment plan will also be necessary. If you don’t follow the prescribed options, others may argue that you made your injury worse and that they aren’t liable to pay for it.
- Consider a Lawsuit
Was your injury the result of a preventable accident or action by another party?
You may have a lawsuit case in the case of negligence by that party.
If you followed all of the above steps, including seeing a doctor, getting treatment, and making the right claims, then you are in good shape to present your case to a lawyer.
An attorney who specializes in personal injury suits will understand how to identify another party’s liability. They’ll use all the paperwork you already have to review your case and determine whether you have a legitimate claim.
If you do have a claim, then you can seek compensation. In a traffic accident or at work, insurance typically covers your medical bills and treatment – and no more.
Lawsuits are a tool to recover other losses. For example, if you missed work or no longer have the earning potential you once did, then you can sue for that amount.
Additionally, some choose to sue for psychological injury or for pain and suffering. These tend to be the more lucrative settlements because they are not fully connected to your medical bills. Pain and suffering settlements tend to be three to five times the cost of your out-of-pocket expenses (i.e., medical bills and loss of income).
Can I Sue?
Whether you can sue for your injury depends on two things: when the injury occurred and who is at fault.
Most states have a statute of limitations on personal injury lawsuits. That means you can’t sue for an injury caused by an event more than three to five years ago. The exact time frame varies from state to state.
You also need to be able to prove fault and negligence. If your injury came from work or an automotive accident, then there’s a real chance someone was careless. The most careless person tends to pay for the injuries of the more careful person.
It’s easy enough to state this on your own, but you also need to prove it in court. This becomes complicated when there is more than one actor involved.
For example, the setting plays a significant role. If your co-worker made a careless mistake at work, then you may be able to hold your employer accountable.
Have a Shoulder Injury? You Have Options
If you were injured or have intense shoulder pain, you have options. Your first step should always include a medical professional to assess the nature and severity of your injury and prescribe a treatment plan.
From here, your options depend on how the injury happened, when it occurred, and whether you have a case.
Are you ready for more information? Click here to see if you might be eligible for a personal injury lawsuit.