Shoulder injuries can be painful and prevent you from working or doing any of the activities of daily living. If you suspect you have suffered a shoulder injury due to a car accident, fall down or work related injury, it is important that you seek medical attention and receive a proper evaluation as soon as possible.
Although minor shoulder injuries may heal over time with proper medical care, a full thickness or partial thickness tear injury to a rotator cuff or labrum may not heal without surgical intervention. A tear injury may actually worsen with time and result in a frozen shoulder or other complications if left untreated. Only a qualified orthopedic physician can evaluate and diagnose your symptoms and determine whether you have suffered a serious shoulder injury, or advise if you will need surgery.
If you have suffered a shoulder injury as the result of a car accident, fall down or a work related injury, speak to a knowledgeable attorney right away.
Settlement for $737,500 reached in shoulder injury/rotator cuff tear case.
Cook County, Illinois.
In a recent case, John J. Malm was the second attorney retained to represent a 57-year-old man who suffered a shoulder injury as a result of a rear-end-type automobile accident. The other driver’s legal liability in causing the accident was not in dispute. The case was to be tried before a jury on the question of damages: “how much is this claim worth?”
The client had previously engaged another law firm to represent him against the insurance company. The at-fault driver’s insurance company requested a settlement mediation, at which a settlement proposal was made. After mediation, the insurance carrier and their attorneys offered $190,000 to settle the case. My client’s former attorney strongly urged him to accept the offer. Unsatisfied with the insurance carrier’s offer, my client contacted attorney John J. Malm for a second opinion. Mr. Malm was asked to take over the handling of the case, and he put together an aggressive litigation strategy calculated to increase offer of settlement.
Mr. Malm began taking depositions of eyewitnesses to the crash, whose testimony helped establish the severity of the impact, which caused the injury. Mr. Malm then engaged a vocational rehabilitation specialist to review the client’s work restriction and offer an expert opinion concerning his diminished future employment prospects. Through the testimony of a forensic economist, attorney Malm argued that his client’s future lost income claim would be significant. After completing depositions of the insurance carrier’s own expert physician and economist, the case was prepared for trial, and settled just before trial for $737,500.
There is no substitute for hard work. By allowing attorney John J. Malm to review the facts surrounding the accident, the injuries suffered by the client, and executing an aggressive litigation strategy, the client obtained an additional $547,500 in settlement for his shoulder injury case.