Elbow and Shoulder Injuries
Elbow, shoulder, and other arm injuries can often result from an accident caused by someone else’s negligence. Whether these events occur on someone else’s property, in a motor vehicle collision, or in another situation, the Miami injury attorneys at the Law Offices have the experience and knowledge to protect the legal rights of victims throughout South Florida. Our firm is dedicated to holding those responsible for accidents accountable and pursuing proper compensation for the people whom we serve.Holding Negligent Defendants Liable for Compensation
Instinctively, we use our arms to protect ourselves in hazardous situations. Whether it is to break a fall or steady oneself during a collision, this instinct may lead to serious elbow or shoulder injuries. The degree of severity may also vary, since some issues may heal quickly while others may take lengthy rehabilitation to get back to the status quo, or they may even result in permanent conditions. Some common types of elbow and shoulder injuries include:
- Shoulder separations or loss of joint stability;
- Torn rotator cuffs;
- Broken scapulas or clavicles;
- Radial head fractures to the elbow; or
- Ulnar nerve injuries.
Shoulder or elbow injuries often lead to extensive medical treatment and decreased functionality of arm usage. As a result, they can interfere with a victim’s job, as well as his or her ability to enjoy day-to-day life. If an elbow or shoulder injury was a result of another party’s negligence, that party should be held financially responsible for medical costs and other damages associated with the victim’s recovery process.
In many situations, a victim may be able to file a personal injury claim to pursue the compensation to which he or she may be entitled. These cases tend to be based on a theory of negligence, which has four elements. To establish a negligence claim, a plaintiff must prove that he or she was owed a duty of care, that the duty of care was breached by the defendant’s actions, that the breach was a direct and foreseeable cause of the victim’s injuries, and that quantifiable damages resulted.
In Florida, plaintiffs are not barred from recovering damages even if they are partially at fault for their own injuries. The amount of compensation is merely offset by each party’s degree of fault. Therefore, for example, a plaintiff found to be 35 percent responsible can potentially recover damages from other negligent parties for up to 65 percent of the costs and losses stemming from an accident. Damages available in a personal injury lawsuit often include past and future medical expenses, lost income, loss of earning capacity, and pain and suffering.
Florida has a four-year statute of limitations within which personal injury claims must be filed, and a two-year statute of limitations applies to wrongful death actions. A victim must bring his or her case within this time period, or a court likely will find that the right to compensation is barred.Consult a Knowledgeable Personal Injury Lawyer in Miami
If you have suffered an elbow or shoulder injury in a slip and fall or another incident of negligence, the Miami accident attorneys at the Law Offices can help you explore your options. We also represent people in Fort Lauderdale, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call (877) 499-4878 or contact us online for a free, no-obligation consultation.