Getting involved in a shoulder replacement lawsuit can be stressful for both the parties involved. It will not only take more of their time but will also prove costly. For this reason, the defendant may want to settle the case outside of court. According to the website of Williams Kherkher, correcting the damage caused by a poorly designed shoulder replacement device entails huge expenses on the part of the patient.
When the parties involved in a shoulder replacement lawsuit agree to a settlement, there are various factors that the court will look at in awarding an amount to the plaintiff. Any dollar amount will depend on the unique factors of each case. One of the factors that the court will look at is the type of shoulder injury. Depending on the degree of severity, the value of the settlement amount will depend on the location such as in the tendons, muscles, or ligaments. There are two medical categories that will affect the dollar value of the case. The first one is instability which brings pain when raising the arm or a feeling of the shoulder slipping out of place.
The second medical category is impingement which is caused by repetitive overhead arm movements. The case will also depend on how each party value the case if ever the case goes to trial. The court will also look at how each party might be willing to agree upon in order to settle the case prior to trial. Coming up with an accurate settlement amount may also prove to be difficult. Damages such as medical bills and lost wages are easier to value because they are concrete. In the case of pain and suffering, predicting the value is best at an educated guess which could be based on similar shoulder injury cases in the past. The effect of the injury on the plaintiff is also key to determining the settlement amount.