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A shoulder injury can be painful and highly disruptive to your everyday responsibilities at home and work. When another party is responsible for causing a shoulder injury, or when you sustain a shoulder injury at work, you may have more options for recovering your losses than you initially realize. An experienced attorney can provide valuable guidance if you are unsure of your legal options for recovery from a shoulder injury. If another party caused it or it happened at work, legal representation would make your recovery efforts much easier to handle and more likely to succeed.
A shoulder injury may sound minor compared to some other serious injuries a person can suffer. Still, any shoulder injury can easily be a very debilitating disturbance in the victim’s life. The victim may not only experience acute initial pain and require immediate medical treatment, but the injury can be very painful as it heals, and it can cause various problematic symptoms. Shoulder injuries commonly diminish range of motion and your flexibility. Some individuals may develop complex regional pain syndrome in the shoulder area or even throughout the upper body. Performing certain tasks may be impossible or incredibly painful until the victim recovers.
Whether you recently sustained a shoulder injury at work in Monroe or another party caused it through an act of negligence or misconduct, the right attorney can be an invaluable asset as you navigate your recovery efforts. Unfortunately, many people who sustain personal injuries aren’t fully aware of their options for legal recourse at first, only learning their options for recovery once they secure legal counsel. The sooner you connect with a Monroe shoulder injury attorney, the more likely you will be to obtain a suitable recovery from your damages.
Ayers, Whitlow & Dressler is a team of experienced attorneys providing a wide range of legal services to clients in the Monroe, NC, area. For example, if you recently sustained an injury at work, we could guide you through the workers’ compensation claim process to secure the benefits you deserve under state law. In addition, if your shoulder injury happened from a car accident or other personal injury outside of work, we could provide the personal injury representation you must have to navigate your civil case successfully.
You may wonder whether it would be worth hiring legal counsel for what may seem like a minor shoulder injury; however, if it happened at work or because of another party’s actions, you should not be expected to bear the economic cost of the incident. The right attorney can make a tremendous difference in the outcome of your case and help you explore options for compensation you may not have recognized on your own.
Our team will take the time to learn as much as possible about your shoulder injury. We can help you determine whether another party is liable for the injury and advise you on the best ways to make them take responsibility. Depending on how it happened and who is responsible, you could face a complex series of legal proceedings following your shoulder injury. Legal counsel you can trust from an experienced Monroe shoulder injury attorney will be invaluable during your recovery efforts, and legal representation significantly improves your chances of successfully obtaining the compensation you must have to recover.
Success with your personal injury case for a shoulder injury will require identifying the party responsible for your injury, establishing the duty of care they held in the situation that led to your injury, and showing proof their actions caused your shoulder injury and the associated damages. This may sound straightforward enough, but any personal injury claim must meet very strict procedural rules in the Monroe, NC, civil court system. Therefore, no matter how clear the fault may be for your recent shoulder injury, it is always best to consult with an attorney about your options for legal recourse if another party caused it.
An experienced Monroe shoulder injury attorney can help their client compile an effective civil claim against the party who caused the injury. This may require gathering physical evidence, consulting expert witnesses like medical professionals and accident reconstruction experts, and obtaining statements from eyewitnesses who saw the client’s injury occur.
If the defendant is clearly responsible for causing your shoulder injury,settling the claim as quickly as possible is in their best interests. Your attorney can guide you through settlement negotiations and ensure you receive a fair offer from the defendant. However, if settlement isn’t an option in your case or the defendant refuses to accept liability, your case could proceed to litigation and take longer to resolve.
In the event of a shoulder injury at work, you should report it to your supervisor immediately and seek prompt medical attention. Your employer is likely required to carry workers’ compensation insurance under state law. If you did not cause your own injury due to egregious negligence, intentional misconduct, or willful violation of workplace safety regulations, you likely qualify to file a workers’ compensation claim for your shoulder injury.
It’s best to consult an experienced attorney if you must file a workers’ compensation claim in Monroe, NC. Your attorney can make the claim process much easier, helping you complete the required forms and gather supporting documentation to submit to the insurance carrier. They will also verify that the insurance company handles your claim appropriately and offers a fair determination of benefits.
In the event that your workers’ compensation claim is denied or the insurance carrier offers an unreasonably low settlement, your attorney will be invaluable in addressing these matters and securing the compensation you rightfully deserve for your damages. If the workers’ compensation insurance company approves your claim, they will issue you a benefits determination that will likely include medical expense coverage and ongoing disability benefits while you cannot work because of your injuries.
In most cases, injured workers cannot sue their employers for workplace injuries in North Carolina. However, exceptions can occur, such as if an employer fails to maintain workers’ compensation insurance coverage as required by state law or if the claimant’s employer or coworker intentionally caused their injury somehow. It is also possible for an injured worker to have reasons for a third-party claim that can enhance their recovery. For example, if someone outside your work caused your shoulder injury, you could file a civil claim after exhausting the recovery available from workers’ compensation.
North Carolina’s personal injury laws dictate the damages available when you have grounds to file a personal injury claim against the party responsible for your shoulder injury. You have the right to claim repayment of all the economic losses they caused. When it comes to personal injury claims for physical injuries, these economic damages typically include:
North Carolina law is relatively straightforward regarding economic damages available in most personal injury claims. However, the state also permits the plaintiff to claim compensation for their non-economic damages in a personal injury case. “Pain and suffering” may not sound like it can be defined with a monetary figure, and every plaintiff has a unique experience. However, it’s possible to use many different formulas to calculate appropriate pain and suffering compensation for your shoulder injury claim.
Any personal injury plaintiff who sustains any measure of permanent harm from a shoulder injury will likely secure a substantial amount of pain and suffering compensation. North Carolina state law does not limit how much you can claim in pain and suffering for your personal injury,except for medical malpractice cases. If you sustained a shoulder injury due to negligent medical care, non-economic damages are limited by state law to no more than $500,000.
An experienced Monroe shoulder injury attorney can be your most valuable asset in maximizing the pain and suffering compensation you receive for your injury. Ultimately, you are not only more likely to maximize your case award but also do so far more quickly than you could have managed on your own. Therefore, the sooner you connect with a Monroe shoulder injury attorney about your case, the more likely you will reach a favorable outcome.
If you intend to file a personal injury claim against any other party in North Carolina,you must understand the state’s contributory negligence law. Negligence is the central legal theme in most civil claims for damages. If another party caused your shoulder injury, success with your case likely hinges on your ability to prove the defendant was negligent in some manner that directly resulted in your claimed damages. Negligence is a failure to exercise reasonable care or a failure to uphold a duty of care in a specific situation. For example, every driver has a duty of care to operate their vehicle attentively and to observe traffic laws.
The contributory negligence law of North Carolina will pose significant problems to any personal injury plaintiff bearing partial fault for their claimed damages. In the event your case reveals that you are partially responsible for causing the damages you have included in your claim, you lose the right to recover compensation from the defendant. Even slight partial fault could negate your civil claim, so it is crucial to consult an attorney if you have any concerns about bearing contributory negligence for your shoulder injury.
Many defendants charged with personal injury claims cite contributory negligence as a defense, claiming the plaintiffs suing them are responsible for causing their own injuries. Your Monroe shoulder injury attorney will be invaluable in countering contributory negligence claims and preserving your right to recover compensation from the defendant. If a settlement is not possible for your contested shoulder injury claim, the attorneys of Ayers, Whitlow & Dressler can provide ongoing support and guidance through litigation until you reach a suitable outcome to your case.
North Carolina state law requires all drivers to carry auto insurance, which takes effect if a driver causes an accident. If the auto insurance policyholder causes an accident, their policy must include bodily injury liability coverage, total accident liability coverage, and property damage liability coverage that meets the state’s minimum coverage requirements. Respectively, a North Carolina auto insurance policy must meet $30,000, $60,000, and $25,000 coverage thresholds for these three types of coverage.
If your shoulder injury happened in a car accident caused by another driver, their auto insurance policy could be your best source of initial compensation immediately following the incident. Minor accidents may be resolved entirely through insurance. However, if the victim’s damages exceed the scope of coverage available from the defendant’s insurance policy, the victim will need to file a personal injury claim to recover any outstanding losses. An experienced Monroe shoulder injury attorney can be a valuable resource when you must file an auto insurance claim to recover from your shoulder injury.
A: The value of your personal injury claim hinges on the extent of the economic losses you suffered because of the defendant’s actions and howmuch harm they did to you. If you suffered a shoulder injury likely to result in a permanent disability of any kind, you could be entitled to substantial compensation for the long-term impact of your injury. Your Monroe shoulder injury attorney can evaluate the total potential value of your case.
A: If a defendant caused a shoulder injury resulting in a permanent disability, the defendant is not only liable for the economic costs of treating the injury and stabilizing the victim’s condition as much as possible but also for the psychological impact a permanent injury is likely to cause and the diminished quality of life the victim endures from this experience. North Carolina law allows a personal injury plaintiff to seek compensation for their pain and suffering with no restrictions except in medical malpractice cases.
A: The rotator cuff is the network of soft tissues that control the shoulder joint, enabling full range of motion in coordination with the muscles of the chest, back, and arms. Rotator cuff injuries are some of the most commonly reported shoulder injuries in North Carolina workers’ compensation claims. These injuries can also occur from car accidents and other incidents that can generate personal injury claims.
A: If you suffered a shoulder injury at work,securing workers’ compensation benefits might only take a few weeks if you have a good attorney assisting you. If you were injured in a car accident, an auto insurance claim is likely to be your first step toward recovery. Once you exhaust workers’ compensation or other forms of insurance in your recovery efforts, you may be able to proceed with a personal injury claim that will enhance your final recovery.
A: A shoulder injury can be debilitating and disruptive in many ways. A good attorney can ensure you take full advantage of all the options for legal recourse after this kind of injury. Even when you consider the cost of hiring legal representation, your attorney’s difference in your final recovery can be substantial and easily account for the cost of your legal fees.
The team at Ayers, Whitlow & Dressler has successfully represented many clients in the Monroe, NC, area who have sustained shoulder injuries at work, in car accidents, and from other acts of negligence and the intentional misconduct of others. Whether you face a difficult workers’ compensation claim, a personal injury case, or a combination of legal proceedings in response to your shoulder injury, we can provide the compassionate and responsive legal counsel you must have to secure a favorable outcome. Contact us today and schedule your consultation with a Monroe shoulder injury attorney you can trust with your case.
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