When an individual is involved in a car accident and suffers an injury, sometimes the treatment and recovery is straightforward. However, there are often instances where a person’s range of motion is significantly impacted as a result of the accident. These types of injuries can often have long-standing implications for a person’s quality of life if they are not properly addressed.
A qualified local personal injury attorney can help accident victims determine if they are eligible to recover monetary compensation for their injuries following an accident by engaging in litigation. If you or someone you know has suffered limited range of motion following a car accident, read on for some information on how the process works.
Car accidents exert tremendous force on the body, often causing damage to joints, tissues, and soft structures that can significantly limit range of motion.
Injuries may affect the:
Common injury types include dislocations, fractures, and muscle or joint tears. These are some of the most common causes of reduced mobility following a crash.
When any of these systems are disrupted, joint movement can be restricted for days, weeks, or even months. Prolonged immobility may also lead to muscle weakness or reduced strength from disuse, limiting what’s considered a normal range of motion.
Shoulder injuries are particularly common in car accidents and can lead to long-term mobility issues. The shoulder joint—especially the glenohumeral joint—relies on a delicate balance of muscles, bones, ligaments, and connective tissue to function properly. Trauma can easily disrupt this and lead to shoulder pain or stiffness.
Common accident-related shoulder conditions include:
More severe trauma may lead to:
Orthopedic evaluation may involve diagnostic tools like an X-Ray or MRI to assess damage to the scapula, clavicle, collarbone, glenoid, and joint capsule. Personalized treatment options often include:
Early diagnosis and a structured treatment plan are key to restoring shoulder mobility and avoiding permanent damage.
Treatment for limited mobility depends on the body part, injury type, and severity, but early care is essential for full recovery. A wide range of treatment options is available depending on the diagnosis. Effective approaches may include:
Even if symptoms seem mild, working with a qualified healthcare provider is crucial to prevent complications and regain a wide range of motion in the affected shoulder or other joints.
In the realm of personal injury law, the treatment and medical care for limited range of motion explained in the previous section is classified by a term known as “damages.” Damages are any costs that an accident victim incurs as a result of their injuries.
When a person experiences limited range of motion after incurring personal injury from a car accident, the treatments described in the previous section are considered damages and may be eligible for reimbursement/compensation by completing the litigation process.
Damages in personal injury litigation take two primary forms. The first, known as compensatory damages, are what the majority of Americans envision when they think of recovering monetary compensation for damages incurred in an accident. Compensatory damages, as the name suggests, are meant to “compensate” the injured person for the costs involved in remediating any injuries and damaged property that result from the accident. Compensatory damages can include the following:
Treatment for injuries - This can include both treatments received for immediate injuries at the scene of the accident as well as any ongoing treatment to address issues related to the limited range of motion an injury victim may experience after a crash. Consultation with an experienced local personal injury attorney can help plaintiffs assess the anticipated costs of future medical care before heading to court, especially if the damage was significant and resulted in costly procedures such as a shoulder replacement.
Lost income - A court can award compensatory damages to address not only the salary and wages lost due to time off work for medical treatment after an accident, but also any future income lost due to complications or life adjustments that must be made because of the injury.
Property loss - When a vehicle or other personal property is damaged in an accident, a plaintiff may be awarded compensatory damages in order to cover the costs of repairing or replacing the damaged items.
Although compensatory damages are the primary form of compensation used by personal injury courts, there exists a second form of damages that may benefit plaintiffs in certain cases. Known as punitive damages, this type of compensation is awarded to plaintiffs in order to “punish” the defendant for their actions. Punitive damages are typically only awarded in cases where the defendant’s behavior was reckless or negligent to a significant degree. These damages are meant to send a message that the behavior that caused the accident has serious consequences.
In order for a court to award monetary compensation for damages to a plaintiff, the plaintiff and their personal injury attorney must be able to prove that the injuries they suffered from the accident were due to the negligent behavior of the other party involved in the crash. If the plaintiff was substantially responsible for the accident, they are likely going to face significant challenges in recovering compensation from the court system.
Illinois state law follows a doctrine of fault determination known as “modified comparative negligence.” Under this system, a court will look at the actions of every party involved in an accident and assess a percentage of fault to each. If a plaintiff’s degree of fault is 50% or greater, they will be subsequently forced to forfeit any chance at recovering compensation for their damages.
Put another way, an accident victim who is more than halfway responsible for the accident is not actually deemed a “victim” in the eyes of the court, but rather viewed as the predominant cause of the accident and therefore not eligible to receive compensation for their damages.
Therefore, although it may be a natural reaction to pursue litigation after suffering an injury from an auto accident, it is important that prospective plaintiffs take time to truly assess the events leading to the accident, including their own actions. Consultation with an experienced local personal injury attorney can help plaintiffs to better understand if pursuing litigation is appropriate in the given circumstances.
Another important point to consider when going through the litigation process is that if a plaintiff is deemed partially at fault, but less than halfway responsible for an accident, they are able to recover damages under Illinois state law. However, the amount of compensation that the plaintiff will ultimately be awarded will be reduced by a percentage that is relative to the degree of fault a court assigns to the individual.
For example, a plaintiff who is deemed 25% responsible by the court (perhaps for speeding at the time of the crash) will be eligible for compensation. However, whatever final compensation amount the court determines for the plaintiff will be reduced by 25%, reflecting the degree of fault the plaintiff was assigned for the accident.
Getting Professional Legal Counsel
Navigating personal injury litigation can feel overwhelming, especially when you're also dealing with ongoing issues like limited range of motion. For years, the attorneys at Palermo Law Group have helped accident victims in Oak Brook and across Chicagoland get the support they need.
Don’t face the aftermath of a car accident alone—let us help you pursue the compensation you deserve.
For a free consultation contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.