Atlanta Shoulder Injury Lawyer

Dealing with a personal injury can be incredibly stressful and confusing. If you or someone you love has suffered an injury, particularly a shoulder injury, in Georgia, you likely have many questions about how to navigate the path to recovery, both medically and financially. You may be concerned about making a mistake that could jeopardize your case or result in less compensation than you deserve. The Atlanta shoulder injury lawyer team at Merritt & Merritt Law Firm are here to fight for your rights and compensation so you can get the compensation you deserve. Call us for a free consultation to discuss your case today at 404-975-1775.

Understanding Shoulder Injuries in Personal Injury Cases

Shoulder injuries are a common outcome in various types of accidents and can significantly impact your daily life. These injuries can range in severity and may lead to lasting pain and physical limitations.

Common types of shoulder injuries that can result from personal injury incidents include:

• Rotator cuff tears: Damage to the group of tendons and muscles that surround and stabilize the shoulder joint, often caused by sudden trauma or repetitive stress.
• Dislocated shoulder: Occurs when the upper arm bone is forced out of the shoulder socket, typically causing severe pain and restricted movement.
• Fractured collarbone: A break in the collarbone, often resulting from a direct impact or a fall onto an outstretched arm.
• Torn labrum: Damage to the ring of cartilage that lines the shoulder socket, which can be caused by trauma or repetitive motions.
• Brachial plexus injuries: Damage to the network of nerves that control the shoulder, arm, and hand, often resulting from severe trauma or stretching.

These injuries can arise from various incidents, such as car accidents, slip and fall accidents, workplace accidents, sports-related accidents, or physical assault. Injuries like rotator cuff tears or biceps tendon injuries are common for individuals who perform heavy manual labor or repetitive lifting or overhead work. Falls from heights, manual labor involving heavy lifting, and repetitive tool usage are frequent causes of workplace shoulder injuries.

How Workplace Shoulder Injuries Happen in Georgia

Shoulder injuries can happen in a multitude of ways, there are, however, some common occurrences that cause shoulder injuries in the workplace. These include:

• Lifting and Carrying is frequently cited as a cause of work-related injuries. Lifting heavy items quickly can lead to shoulder injuries, including muscle strains, disc herniation, or rotator cuff tears. Manual labor jobs involving heavy lifting or carrying can strain shoulder muscles and tendons, leading to injuries such as rotator cuff tears.
• Jobs requiring repeated motions, especially overhead work or using the same tools for extended periods, can cause overuse injuries like tendonitis or bursitis. Over time, these repetitive motions can lead to significant shoulder damage.
• Falls from heights, such as ladders, scaffolding, or elevated surfaces, are particularly noted in high-risk industries like construction and can result in severe shoulder trauma. Falls on the same level can also cause injuries to nearly any body part due to bracing or the impact itself.
• Other Workplace Accidents involving machinery, motor vehicles, or other hazards can cause direct impact injuries to the shoulder.

Common types of shoulder injuries that can result from these workplace incidents and are often seen in personal injury cases include rotator cuff tears, dislocated shoulders, fractured collarbones, torn labrum, brachial plexus injuries, shoulder sprains, AC joint separations, SLAP tears, bursitis, and tendinitis. These injuries can have significant impacts on a victim’s life.

Your Rights and Compensation in Georgia

Under Georgia law, if you are injured as a direct result of someone else’s negligence or unlawful conduct, you are generally entitled to be fully compensated for all the injuries you have suffered if you prove the other party was negligent. Georgia uses what’s called modified comparative negligence to determine who is ultimately negligent in personal injury cases, and sometimes both parties could be found negligent. The important thing to remember is that in order to file a claim against someone for compensation, you cannot be found more than 50% negligent for the accident. If it is determined you are more than 50% negligent for the accident, then you cannot file a claim. If you are able to file a personal injury claim, then whatever percentage you are found responsible for the accident is how much is reduced from your monetary compensation. For example, if you were found 15% negligent for an accident, then whatever damages you are awarded will be reduced by 15%.

The goal of monetary compensation in the law is to try to restore you and your family to the position you were in before the accident. In personal injury cases, this compensation can include damages for medical expenses, lost wages, and pain and suffering related to your injuries.

What Damages Can an Atlanta Shoulder Injury Lawyer Help You Recover?

You suffered an accident, and as a result may have multiple medical bills, costs from property damage that needs to be recovered, or even emotional distress from the accident itself. To make matters worse, you may be out of work due to the injury, and have no way of paying those bills or any way to support your wellbeing.

This is where our Atlanta shoulder injury lawyer team can help you recover the compensation you need so you can focus on recovering.

Damages can be awarded for several factors, many of which are physical damages such as bills, physical damage to property or yourself. However, there are also damages that are not physical that can be awarded by the court. This requires an experienced attorney from Merritt & Merritt Law Firm to build the best case possible for your recovery. Don’t let your compensation be put in the hands of just any attorney, call us today at 404-975-1775 to discuss your case for free with an Atlanta shoulder injury lawyer.

Some of the ways damages can be calculated and awarded are:

• Severity of the Injury: More severe injuries are likely to result in higher settlement amounts. Severe shoulder injuries, such as severe rotator cuff tears or dislocations, can lead to settlements ranging from $50,000 to $150,000 or more, especially if they are debilitating and require long-term care. Moderate injuries, like moderate rotator cuff tears or fractures, might range from $10,000 to $40,000, potentially requiring surgery or extensive treatment. Minor injuries, such as soft tissue injuries, could range from $2,500 to $10,000 and may require minimal treatment.
• Length of Recovery Time: If your injury prevents you from working or performing daily activities for an extended period, this generally increases the potential settlement value.
• Medical Expenses: The cost of diagnosing and treating your shoulder injury, including doctor visits, diagnostic tests (like X-rays, MRIs, and CT scans), physical therapy, pain management, surgery, medications, and transportation to appointments, are all part of the damages you can claim. In cases with catastrophic injuries, determining existing and future medical costs may involve hiring medical experts to develop a “life care plan”.
• Lost Wages and Income: If your shoulder injury prevents you from working, you are entitled to claim the income you lose. If the injury causes a permanent disability that affects your future ability to earn income, you can also recover damages for the loss of future earning capacity.
• Pain and Suffering: This accounts for the physical and emotional impact of your injuries on your daily life. You are entitled to compensation for past, present, and future pain and suffering.
• Insurance Coverage: The amount of available insurance coverage can cap the amount you can ultimately recover, regardless of the value of your injury. Identifying all potential sources of insurance is critical.

It is important to remember that these examples of settlement amounts are not guarantees, as every case is unique, and outcomes vary based on specific circumstances.

Pre-Existing Shoulder Conditions and Your Claim

One of the factors that can complicate a personal injury claim, especially one involving a shoulder injury, is the presence of a pre-existing medical condition in the same area. Defendants and insurance companies may try to argue that your current symptoms are solely due to your prior health issues, not the new accident. However, in Georgia, having a pre-existing condition does not automatically prevent you from recovering compensation. Georgia law follows the “Eggshell Plaintiff” doctrine, which means that a defendant must “take a plaintiff as they find them”. Even if a pre-existing condition made you more susceptible to injury, the defendant is still liable for the full extent of the damages caused by their negligence. You are as such entitled to compensation for new injuries and the worsening or aggravation of any pre-existing conditions due to the accident. That is why it is crucial to disclose any pre-existing conditions to your Atlanta Shoulder Injury Lawyers during the legal process. Failing to do so can harm your credibility and negatively affect your case outcome.

Why Hire the Atlanta Shoulder Injury Lawyer Team at Merritt & Merritt Law Firm?

Suffering a shoulder injury in an accident in Georgia can be a difficult experience, impacting your health, finances, and overall well-being. Understanding your rights, the potential value of your claim, and how factors like pre-existing conditions can influence your case is essential.

While navigating the legal process on your own is possible, hiring an experienced personal injury attorney can make a significant difference in the outcome of your case.

Merritt & Merritt Law Firm offers experienced legal representation and offers 24/7 support for you when you need us. If you or a loved one has suffered a shoulder injury due to someone else’s negligence in Georgia, contact an Atlanta shoulder injury lawyer at Merritt & Merritt Law Firm today for a free case evaluation at 404-975-1775.