Legal Question in Personal Injury in Pennsylvania
Rotator Cuff Removal
A male friend of mine, current age 63 was in a car accident approximately 18 months ago. The accident was the other driver's fault. He had to have the rotator cuff in his right shoulder removed because of the accident. He is right handed and now has little use of the right arm. He has no strength in it, cannot lift anything of any weight and cannot lift the right arm over his head. The other insurance company wants him to sign medical release papers and be done with it. He feels he has lost too much use of his right side to simply sign the papers. He does not know if there would be a monetary amount he should ask for to compensate for his loss, or if he should risk suing for the loss. How does he determine the price of the loss of strength and mobility in this arm?
2 Answers from Attorneys
Rotator cuff removal, accident case
The only real risk would be if your friend tries to deal with the insurance company on his own. He definitely needs to have an attorney represent him. What risk is there in suing? Since the statute of limitations will run very soon (two years from the accident), the risk is in waiting longer to get an attorney and thereby showing the insurance company that he doesn't really want to assert his rights.
Your friend needs to get a lawyer, and soon! If he's in the Philadelphia area, I'd be happy to help; and if he's elsewhere, I'd be happy to refer him to a good lawyer.
Another attorney has written an excellent listing of the factors which go into evaluating a fair settlement; these also explain why it would be foolhardy to try to deal with the other insurance company directly. They are only interested in trying to get rid of the claim as cheaply as possible, and won't hesitate to take advantage of an unrepresented claimant.
Unfortunately, there's a size limit on postings here, so I was unable to post it. Feel free to email me and I'll send it to you.
Accident Matter
Please feel free to contact us to discuss this matter.
Best Regards,
Mike Monheit
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