How to Determine the Settlement Award From a Rotator Cuff Injury

Insurance companies have formulas that they use to calculate the damages they are willing to pay for various injuries, including rotator cuff injuries. Although the companies do not make these formulas public, the closer your settlement offer is to the high range of what they are willing to pay, the sooner you're likely to get a settlement and the higher your settlement is likely to be.

Instructions

• 1

  Gather together your medical records, including any insurance payments, to calculate your medical expenses. Since rotator cuff injuries in particular are often progressive in nature, you will need to consult with your doctor or other medical expert to estimate any future medical expenses. Although in court this amount would be determined by expert testimony, during settlement negotiations with an insurance company, a notarized statement from the medical expert in question might suffice. Add together present and estimated future medical expenses to arrive at a subtotal.

• 2

  Calculate the losses you have suffered from lost work time by multiplying time off work by average wages or earnings (even if you took sick leave). If your rotator cuff injury has not completely healed, remember to consult with your doctor concerning the degree and duration of any future disability, so that you can include future lost earnings in your calculation. Add this amount to the total of present and future medical expenses that you have already calculated in order to arrive at a new subtotal.

• 3

  Add an amount for pain and suffering. Rotator cuff injuries vary widely in their severity. If the injury is minor, the customary amount is roughly double your total medical expenses. If the injury is severe or chronic, you could claim five times your total medical expenses or even more. Add this amount to the subtotal you arrived at in Step 2.

• 4

  Add in an amount that represents any incidental expenses that you incurred as a result of your rotator cuff injury. You might want to try adding in legal or investigative expenses, although these are far more likely to be awarded in the UK than in the United States.

• 5

  Add an extra amount of 10 to 30 percent to the previous subtotal to give you some room to bargain with the insurance company.

• 6

  Subtract a percentage of the total from Step 5 that represents a reasonable estimate of your comparative fault in the accident that caused the injury, taking into account the contents of any accident report that has been prepared. If you do not believe that you were even partially at fault, then skip this step.