Rotator Cuff Tear Legal Advice: Protect Your Rights After a Car Accident

by | Nov 8, 2024 | Personal Injury

Introduction

Shoulder injuries, particularly rotator cuff tears, are a common but often overlooked consequence of motor vehicle accidents. These injuries can severely impact a person’s mobility, causing pain and limiting everyday activities. Unfortunately, rotator cuff tears typically go undiagnosed for months or even years, leaving individuals suffering from unnecessary pain.

This post is essential for anyone who has been involved in a car accident, especially those experiencing lingering shoulder pain. It’s important to know how to properly diagnose these injuries, navigate insurance claims, and secure fair compensation.

Symptoms of Rotator Cuff Tear Diagnosis After a Car Accident

Shoulder injuries, especially rotator cuff tears, can typically be missed after a motor vehicle accident. Some common symptoms include:

  • Shoulder pain and difficulty with overhead movements
  • Chronic discomfort or weakness in the shoulder
  • Limited range of motion

To ensure a proper rotator cuff tear diagnosis:

  • X-rays may show bone injuries, but not muscle or tendon damage.
  • MRI scans are necessary to detect rotator cuff tears.

It’s significant to report shoulder pain to your physician and insist on further testing if symptoms persist.

Insurance Claims for Rotator Cuff Surgery: What You Need to Know

Dealing with insurance after a rotator cuff injury can be difficult. Insurance companies may try to minimize your claim, especially when surgery is required. Here’s what to keep in mind:

  • Rotator cuff tear surgery can be expensive.
  • Insurance companies might argue that physiotherapy or other treatments are sufficient.
  • A well-documented case strengthens your chances of a successful claim.

If your rotator cuff tear requires surgery, consider these steps:

  • Keep detailed medical records of your injury and treatment.
  • Work with a personal injury lawyer to ensure your insurance claims for rotator cuff surgery are handled properly.
  • Make sure your claim includes post-surgery rehabilitation costs.

Maximizing Compensation for Shoulder Injury in a Car Accident

When filing a claim for a shoulder injury from a car accident, proper compensation is key, especially if surgery is involved. You may be entitled to compensation for:

  • Medical bills, including surgery and ongoing physical therapy
  • Lost wages due to inability to work
  • Pain and suffering caused by the injury

To maximize your compensation for a shoulder injury in a car accident, you should:

  • Seek legal representation from a lawyer experienced in rotator cuff tear legal advice.
  • Ensure your medical expenses, lost wages, and future care costs are fully accounted for.
  • Insist on fair compensation for your pain and suffering.

How a Lawyer Can Help with Rotator Cuff Tear Legal Advice

Handling a rotator cuff tear after a car accident can be overwhelming, especially when dealing with medical treatments and insurance claims. A lawyer can help by:

  • Ensuring proper documentation of your injury
  • Negotiating with insurance companies to cover all surgery and rehabilitation costs
  • Securing compensation for pain, suffering, and lost wages

If you’ve experienced a rotator cuff tear due to a motor vehicle accident, it’s essential to get legal advice to protect your rights and secure the compensation you deserve.

Closing and Call-to-Action

If you’ve suffered a rotator cuff tear from a car accident, don’t wait to seek legal assistance. Delaying action could not only affect your recovery but also limit your ability to receive proper compensation. Working with an experienced personal injury lawyer ensures that your rights are protected and that you receive the financial support needed for medical expenses, lost wages, and long-term care.

Contact us today to discuss your case and get the rotator cuff tear legal advice you need. We’re here to help you navigate the complexities of insurance claims and maximize your compensation, allowing you to focus on your recovery.

FAQs

What should I do if my insurance company refuses to cover my rotator cuff surgery?

If your insurance company denies coverage for your rotator cuff surgery, it’s important to take immediate action. First, gather all the medical documentation, including your doctor’s recommendations, MRI results, and any communication with your insurance company. You can request a formal review or appeal the denial. However, if the insurer continues to refuse coverage, it may be necessary to consult a personal injury lawyer who can advocate for your rights and help you pursue compensation for your medical expenses.

Can I claim compensation for a rotator cuff tear after a car accident?

Yes, you can claim compensation for a rotator cuff tear sustained in a car accident, especially if the injury was caused by the impact of the collision. Compensation may cover medical bills, surgery costs, rehabilitation, lost wages due to time off work, and pain and suffering. The amount of compensation will depend on the severity of your injury, the extent of your medical treatment, and how the injury has affected your ability to work and live your daily life. A personal injury lawyer can help assess your case and maximize the compensation you’re entitled to.

What type of medical evidence do I need to prove my rotator cuff tear in a legal claim?

To prove your rotator cuff tear in a legal claim, you will need thorough medical documentation, including:

  • Doctor’s reports detailing the injury and treatment recommendations
  • MRI results confirming the rotator cuff tear, as X-rays alone may not show muscle or tendon damage
  • Records of any treatments, such as physical therapy or surgery
  • Documentation of your pain and functional limitations, showing how the injury has impacted your daily life having this medical evidence strengthens your case and helps secure proper compensation.

Will I need a lawyer to handle my rotator cuff injury claim, or can I deal with the insurance company on my own?

While it is possible to handle an insurance claim on your own, having a personal injury lawyer can greatly increase your chances of a favourable outcome. Insurance companies often try to minimize payouts or deny claims entirely. A lawyer experienced in rotator cuff tear legal advice can:

  • Negotiate with the insurance company on your behalf
  • Ensure all medical expenses, lost wages, and future rehabilitation costs are covered
  • Protect you from being pressured into accepting a lower settlement having legal representation helps ensure you receive fair compensation and avoid the stress of dealing with the insurance company on your own.

Hi, I’m Laurie C. LaViolette

A senior solicitor at LaViolette Law, and I’ve been practicing law in the HRM for over 27 years. My focus is on Personal Injury, Disability Claims, Estate Planning, and Real Property law. I take pride in providing attentive, detailed service, and I enjoy building long-term relationships with my clients. If you’d like to get in touch, feel free to contact me directly!

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