Is a dislocated shoulder or broken arm bone more severe?

My argument is that a dislocated shoulder has potential for repeat dislocation and therefore is a more aggravated lasting injury. Which is considered more severe, a broken arm bone or dislocated shoulder?

  • It's unclear why it's relevant to the legal process which type of injury is more severe - in general, a specific injury of a specific person would be evaluated against the criteria of a specific jurisdiction, not with injuries of someone else. What is the legal question you're asking?
    – Peteris
    Jun 16 '20 at 1:14

I am wondering if your question is regarding not necessarily guilt, but possible restitution, which in any US jurisdiction of which I am aware, would be the only criminal context where this question would have relevance. And in that case, most US courts would probably only award as restitution those direct and documented costs (i.e. medical bills, possible lost work or other expenses) that exist at the time of sentencing.

If your question is more about civil damages in a tort lawsuit, future losses become much more relevant. A successful argument for awarding more damages for a particular loss would likely require expert testimony.

Edit: regarding Andrew's suggestion, see North Carolina's statute on criminal restitution, N.C.G.S. 15A-1340.34 and following

  • Hi Eric, this answer can be improved by including a citation to example statutes or case law.
    – Andrew
    Jun 3 '20 at 17:31

Assault and the possibility of "aggravated" assault will be defined by the elements defined in the legal code. This will be different by jurisdiction. It is unlikely that the code will get into details of how severe the assault is beyond the definition of the law.

In the state of Georgia, USA, the definitions of assault being aggravated have to do with one of four elements: intent to murder, rape or rob; use of a deadly weapon; use of a strangulation device; or discharge of a weapon from inside a moving vehicle. So "how bad" the injury is does not matter, although clearly prosecution may be treated differently for a more severe injury.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy