HOW DO YOU OVERCOME THE LIMITATION ON LAWSUIT OPTION OR THE VERBAL THRESHOLD IN NEW JERSEY FOR INJURED SHOULDERS IN CAR ACCIDENTS? BY USE OF MRI OR SURGICAL OBSERVATION EVIDENCE
Many New Jersey car occupants injure their shoulders in car accidents. In a car accident, the shoulders are subjected to a myriad of forces that can result in significant injuries. When a vehicle suddenly stops or collides with another object, the body continues to move forward due to inertia, often pushing the shoulders against the restraint systems, like seat belts, which can exert concentrated pressure.
One American databases of motor vehicle collision injury claims is published by the Insurance Research Council (IRC) which provided detailed survey analysis of more than 70,000 claims from 32 of the larger insurance carriers. According to the IRC, out of those 70,000 claims, 10 to 14 percent of them involve shoulder injuries.[1] Most shoulder injuries include rotator cuff tears and impingement syndromes. Clinical observations note that most occur on the outboard side, left shoulder for driver and right shoulder for front passenger.
But for many of these injured occupants to get compensation for their shoulder related damages in New Jersey, their shoulder injury must be proven to be a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. To prove that a car occupant suffered a permanent shoulder injury that was a result of a motor vehicle accident, objective credible medical evidence is required.[2] Many times an MRI or surgical observation provides this evidence.
Magnetic resonance imaging (MRI) of the shoulder uses a powerful magnetic field, radio waves and a computer to produce detailed pictures of the bones, tendons, muscles, and blood vessels within the shoulder joint. It is primarily used to assess injuries. These MRI images are the objective credible medical evidence that are not only used by treating physicians to diagnosis and treat shoulder problems, but also used in litigation as evidence showing a permanent shoulder injury because of a car accident.
Also, surgeons during shoulder surgeries often report their visual observations made during the surgery. If they see shoulder problems during surgery that are considered to be permanent medical issues, that have not nor will not heal to function normally even with further medical treatment, which now require surgical intervention and correction to function normally, their reported observations are also objective credible medical evidence of a permanent shoulder injury used in litigation.
It is important to consult with your medical provider about any shoulder problems, or other medical issues that you may suffer from after a car accident. What might seem minor at first, and likely to go away shortly after an accident, may get worse as time goes on or problems never do go away, and it is important for your medical provider to quickly diagnose your specific medical problem to help you with that medical condition.
Williams Cedar, LLC specializes in representing victims who were injured in New Jersey motor vehicle accident cases, Pennsylvania motor vehicle accident cases, as well as other negligence cases in New Jersey and Pennsylvania involving professional malpractice, product liability, premises negligence, environmental contamination, sexual assault, and civil rights violations. Feel free to consult us anytime, free of charge, to go over any legal questions you may have or issues where you think that we may be able to help you. Call us at (856) 470-9777.
[1] Insurance Research Council, Auto Injury Claims: Countrywide Patterns in Treatment, Cost, and Compensation, 2003. Survey of 32 insurance carriers in America of 72,354 claims.
[2] See N.J.S.A. 39:6A-8a.