Shoulder Injury Car Accident Settlements
If you have suffered a personal injury to your arm or shoulder in a car accident, it is natural to wonder what type of settlement you might receive in a claim or lawsuit. Like many accident settlements, a shoulder injury car accident settlement can be difficult to predict; however, there are some factors that are often included in lawsuits that we can cover here in detail. The purpose of this article is to review the major considerations in shoulder and arm personal injury cases, and to cover recent car accident settlements and verdicts in these cases.
How Much For A Shoulder Injury Car Accident Settlement?
If you have a shoulder injury from a car accident, you probably want to know how your injury will affect the value of any settlement or court award you might receive. The exact dollar amount for your car accident shoulder injury will depend on your specific injuries, but there are several common points to consider.
This article covers the most important factors to value your shoulder injury claim. If you have questions after reading this article, be sure to contact a qualified personal injury attorney.
Types of Shoulder Injuries from Car Accidents
The shoulder is a complex joint that includes nerves, bones, muscles, tendons, and ligaments. When any of these parts are damaged in a car accident, you may experience terrible pain as well as a loss of strength, flexibility, and motion.
There are many kinds of shoulder injuries with different degrees of severity that can result from car accidents. Any and all of these injuries can result in a shoulder injury car accident settlement. Usually, a shoulder injury is to the muscles, tendons, and ligaments that hold the shoulder together. But there are cases of fractures of the bones that meet at the shoulder joint.
There are two major types of shoulder injuries. The first is an instability injury where one of the shoulder joints is not in alignment. An instability injury will cause pain when you raise your arm and you feel the joint coming out of place.
The second type of shoulder injury is impingement when muscles rub against the top of your shoulder blade. Impingement may occur from moving your arm overhead repetitively.
Trauma from a car accident can cause many serious shoulder injuries:
- Rotator cuff tear
- Torn labrum
- Dislocated shoulder joint
A labral tear is a rip in the tissue that keeps your humerus locked into the shoulder joint. Another common shoulder injury from a car accident is a fracture of the shoulder bones.
When The Rotator Cuff Is Injured in a Car Accident
One of the most frequent shoulder injuries in a car accident is a rotator cuff injury, which makes it a major focus in many car accident lawsuits. A torn rotator cuff is painful and debilitating, and can seriously limit your range of motion, making completing your daily tasks a chore.
What Is The Rotator Cuff?
The rotator cuff refers to four muscles and tendons around the shoulder joint. The main job of your rotator cuff is to ensure the shoulder can perform a wide range of motion. Thus, the rotator cuff is why the shoulder has a wider range of motion than another other joint. Obviously, that is why a normal rotator cuff is essential for allowing you to do countless daily tasks, such as simply raising your arm.
What Is a Rotator Cuff Tear?
A tear happens when one of the four tendons suffers injury. Rotator cuff tears can occur from repetitive use, but they are common in car accidents.
Insurance companies are notorious in car accident claims for trying to argue that your torn rotator cuff is a degenerative condition and not related to your car accident. But a good personal injury attorney can help you recover compensation for a torn rotator cuff injury from a car accident.
Rear-End Collisions and Rotator Cuff Tears
Almost any kind of car accident can cause a shoulder injury such as a rotator cuff tear. But one of the most common injuries to the rotator cuff occurs from a rear-end collision.
If you are about to be rear-ended, you may look in the rear view mirror just before impact. Because you are expecting an impact, you may tense up and brace your hands on the steering wheel. A shoulder in a tensed state can absorb tremendous force when the vehicle slams into yours. Therefore, an acute rotator cuff tear can easily occur from a violent or even minor rear-end crash.
Signs of a Rotator Cuff Tear From a Car Accident
Remember, your doctor is the only one who can diagnose your shoulder injury like a torn rotator cuff. Their findings will be vital to making a personal injury claim. You could experience these symptoms after your car accident that could be a sign of a major shoulder injury, such as a rotator cuff tear:
- Sudden and severe pain at the top or outside of the shoulder
- Pain that radiates through your arm
- Limited range of motion
- Shoulder swelling
- Difficulty sleeping because of pressure on the shoulder
- The overall weakening of the shoulder joint
- Popping or clicking when you move your arm
Other Arm and Shoulder Injury Symptoms
Interestingly, the shoulder is a type of ball and socket joint with three major bones. These bones are the scapula, clavicle and humerus (arm bone). All of the bones are joined at the shoulder joint by ligaments, muscles, tendons and the joint capsule. When functioning normally, the shoulder joint has the largest range of motion in the body. To clarify, this mobility has advantages, but it also means the joint is more prone to injury in violent accidents.
After a car accident, it is important to take note if you are suffering from any shoulder pain. Recovery from a shoulder injury can take months and it is critical to have it diagnosed as soon as possible. Some of the most common shoulder and arm injury symptoms to watch for are:
- Stiff and tender shoulder that hurts the most at night; sleep is often difficult
- Lack of feeling, weakness, inflammation in the shoulder
- Physical exertion makes shoulder pain worse
- Difficulty moving the arm in any direction without pain
- Concentrated, focused pain in the shoulder joint
- Shoulder appears bruised or pale
How are Shoulder and Arm Injuries Valued?
Unfortunately, valuing a shoulder or arm injury personal injury claim means arriving at a reasonable ‘guesstimate’ of what a jury would award to you in a lawsuit. Also under consideration is what the plaintiff to the lawsuit would agree to pay. The plaintiff in such cases usually is a car insurance company. Companies also ask questions about what you’d be willing to accept to settle before going to trial. A good lawyer will help walk you through this.
The major factors in valuing any shoulder and arm injury case is how severe your damages are, and what the chances are the jury would find the defendant liable when/if the case goes to court.
However, estimating what you could receive in a car accident shoulder surgery settlement or car accident rotator cuff surgery settlement can be challenging for one big reason: During a trial, it is usually the jury that will decide the amount of money the insurance company or defendant must pay you.
Easily Predicted Costs for Shoulder Injuries
Some shoulder and arm injury damages – such as lost earnings and medical costs – are simple to predict, for instance. These losses are usually the amount that you can show you have paid/lost, and will keep paying/losing as you recover. But for subjective pain and suffering damages, predictions of a settlement amount are just a guess.
This guess is based upon research of past awards that were won in previous arm and shoulder injury cases. But every personal injury case and jury varies. So even the most educated analysis by a personal injury attorney of your pain and suffering damages could be off by a significant margin. Why is this?
Simply put, many arm and shoulder injuries will affect different plaintiffs differently. For example, if you are an active golfer and you played 18 holes every Saturday, perhaps your shoulder impingement or rotator cuff injury prevents you from enjoying this activity. The damages incurred for pain and suffering in this type of case might be higher than a person who was sedentary before the car accident, and as such the compensation for the car accident will likely be higher.
The Type of Injury Will Affect Your Settlement
If you had an earlier shoulder injury, such as rotator cuff surgery, that the accident makes more likely to recur, it is possible you could receive a lower settlement. Also, if the arm or shoulder injury prevents you from earning your living, the defendant may be responsible for years of lost or reduced wages.
The other major issue regarding the value of the shoulder and arm injury settlement is how likely the other person would be found negligent at the trial. If there is little evidence that the other person caused the accident, the value of your shoulder injury drops. Even if the chances of a higher settlement are great, the defendant could be willing to go to trial to try to prevail and pay little or nothing. And if fault is unclear, the plaintiff may want to settle as there is a chance of getting nothing from a jury.
Average Shoulder and Arm Injury Settlement
Here is some real settlement and verdict information for various arm and shoulder injury car accident settlements. Talk to a personal injury attorney, however, to get better idea what your car accident injury is worth:
- Median verdict and settlement for torn rotator cuff cases in Fulton County, Georgia: $72,500
- Median verdict and settlement for torn rotator cuff cases in all of Georgia: $25,000
- $100,000: Client in Georgia had car hit in rear end at high speed by someone without insurance. This led to a complete rotator cuff tear. The case was worth more, but the limits of insurance coverage was reached at $100,000. This is a good example why people should buy as much uninsured motorist coverage they can afford.
- $737,000: A plaintiff in Illinois was rear ended, and the liability for the case was clear. The initial offer from the insurance company was only $190,000. The attorney on the case used a vocational rehabilitation specialist to show the level of work restriction and lost wages, resulting in a much higher settlement.
Shoulder Injury Settlement Calculator
Has an accident caused a shoulder or arm injury? Find out how much financial compensation you may be legally entitled to in just minutes with our free online Car Accident Shoulder Injury Settlement Calculator.
How Likely Is The Defendant To Be Found Liable For Your Shoulder Injury?
Another major factor in valuing your shoulder injury claim is how likely the defendant will be found liable in a trial. If there is little evidence that the defendant was at fault in the car accident, the value of your case declines.
Even if the damages could be high, some defendants may not want to settle and roll the dice in a trial. When fault for the car accident is questionable, you may want to take a lower settlement because there is a risk of getting nothing at trial.
Talk To An Attorney for Shoulder Injury Car Accident Settlement Help
If you were injured in a car accident and suffered a shoulder injury, it is important to consult an experienced personal injury attorney. Shoulder injuries can be very painful and expensive to repair. To get the highest amount of compensation for your injury, have your shoulder injury case reviewed by a personal injury attorney today at no cost.
Frequently Asked Questions
Suffering a torn labrum in a car accident can have a major impact on your life. You will have trouble lifting items of varying weight, you will have trouble rotating your arm, you will have routine popping or grinding and you will also suffer from pain and discomfort for quite a long time. There are other problems that can arise from suffering a torn labrum, all of which can lead to an extended amount of time out of work. So, what’s the average settlement for a torn labrum?
Settlements Vary Based on Circumstances
It’s hard to pinpoint the average settlement for a torn labrum because each injury is different. Your case will depend on the circumstances involved. For example, how serious was the injury you suffered? Did your injury require surgery? Are you looking at months of rehabilitation? Will you be unable to work for six months to a year? All of these factors must be taken into consideration when determining a settlement value.
Medical Evaluation is Required
In order to receive a settlement for a torn labrum from a car accident you will need to be medically evaluated. Your settlement will be based on the following injuries:
- Reduced motion
- Radiating pain
- Popping in the shoulder when it moves
- Pressure on the shoulder
- Severe and sudden pain on the outside or top of the shoulder
The Bottom Line
The bottom line when it comes to determining a settlement value for your torn labrum is that it can range from as low as $25,000 to as high as $200,000 or more. All of the factors mentioned above need to be taken into consideration by your personal injury attorney when seeking compensation.
Suffering an injury in a car accident can change your life in an instant. You might not be able to care for yourself on a daily basis, you might be out of work for months, and you might need to go through extensive rehabilitation. No matter the circumstances, even the most minor of car accidents can lead to neck and shoulder pain. So, can you get compensation for your injuries after a car accident?
Whiplash is a Serious Injury
One of the most serious injuries you can suffer in a car accident is that of whiplash. The impact of the striking vehicle into your vehicle does not have to be at a high rate of speed to cause whiplash. The sheer movement of your head and neck in a swift motion can lead to whiplash injuries. Whiplash can cause severe pain in the neck and shoulder areas of the body to the point where you cannot work.
File a Claim for Injuries
It is imperative that if you are suffering any type of pain following an accident you should file a claim for your injuries. Whiplash injuries might not appear on an x-ray or CT scan, but they can still be quite painful. It is best to speak with a personal injury attorney immediately after being injured in a car accident to build a case.
The best way you can improve your chances of receiving compensation for your injuries is to collect evidence. Speak to witnesses, take pictures of the accident scene, seek medical evaluation and refrain from speaking to insurance companies before talking to an attorney. Collecting as much evidence as possible can help improve your chances of recovering compensation for your car accident injuries.
One of the most common types of personal injury cases involves the shoulder. The shoulder is one of the most important parts of the body. You use your shoulder more often than you might think. Everyday tasks will be difficult to complete if you suffer a shoulder injury in a car accident, construction accident, or any other type of accident. Victims of shoulder injuries often want to know how much compensation they can get for such an injury. The factors explained below help determine the value of compensation.
Estimate Your Damages
The first step in determining how much compensation you can get for a shoulder injury is to estimate your damages. You will need to provide your attorney with how much money you have spent related to the injury since it happened. This includes providing originals or copies of all medical bills related to the shoulder injury. If the injury is serious enough to keep you out of work you will need to provide the number of days missed and your salary information. You will also want to determine how much pain and suffering you’ve gone through since the injury. This is a difficult injury to pinpoint because it is not concrete like a physical injury.
Will the Defendant be Found Liable?
You also need to weigh the chances that the defendant will be found liable if the case reaches trial. If you, as the plaintiff, have little evidence to prove that the defendant was the cause of your injury, the value of your case drops significantly. If there’s a high chance the defendant will be held responsible, your case’s value will be high.
Car accidents can be traumatizing in more ways than one. For starters, a car accident can cause you to suffer physical and emotional injuries, such as a labral tear and post-traumatic stress disorder. A labral tear is a serious issue that can change how you live your life because of the limited mobility you will have with your arm. The labrum is made up of fibrocartilage tissue that connects to the socket of your shoulder to keep the shoulder stable. A labral tear happens when there is damage to the fibrocartilage tissue and it can lead to serious pain and other issues with your shoulder and arm.
How Labral Tears Happen in Car Accidents
Labral tears can happen because of any of the following circumstances in a car accident:
- You were holding onto the steering wheel with a tight grip when the accident happened;
- Your shoulder suffered a direct blow in the car accident;
- You anticipated the car accident, which led your body to become tense or tight.
Common Symptoms of a Labral Tear
The symptoms you will most likely experience from a labral tear caused by a car accident include the following:
- Instability in the joint
- Vague pain
- Clicking or popping when moving the shoulder
Impacts of a Labral Tear on Your Life
A labral tear can have a major impact on your daily life, especially since it involves the shoulder, which you use more often than not during the course of the day. Some of the impacts you will experience include the following:
- Inability to lift objects
- Loss of arm rotation
- Grinding or clicking feeling and sounds
- Ongoing pain and discomfort
- Shoulder dislocation
- Feeling of heaviness in the arm
If you have injured your shoulder and needed surgery from being involved in a car accident, you can expect a large settlement value. Once again, determining how much the settlement value is worth has many different variables to be considered while coming up with a value. Shoulder injuries that require surgery result in a higher payout than injuries that don’t require surgery. Some settlement examples include:
- $170,000- shoulder injury requiring surgery caused by trucking accident
- $250,000- shoulder injury requiring surgery resulting from car accident
- $275,000- shoulder injury/multiple other injuries requiring surgery resulting from car accident
- $250,000- torn rotator cuff requiring surgery
- $689,000- torn rotator cuff requiring surgery resulting in loss of his job
There are many different types of shoulder injuries with a wide range of severity from a torn rotator cuff to broken bones and fractures. In the case of a shoulder injury, it is very common to see torn rotator cuffs and unfortunately, is common that rotator cuff injuries may require surgery. If untreated by surgery, it is possible that it will not heal and will remain torn. When determining how much a settlement should be also has many factors that help decide how much a victim should be owed. Some factors that go into determining the case value include:
- How severe was the tear?
- Was surgery required?
- How long was the recovery time?
- Pain and suffering
- What was the physical therapy process like?
- Compensation for loss of wages
- Was the shoulder able to fully recover?
Some examples of real settlement verdicts of torn rotator cuff injuries that required surgery include:
- $190,000- bus accident resulting in torn rotator cuff requiring surgery
- $250,000- rear-end collision resulting in torn rotator cuff requiring surgery
- $340,000- left turn collision resulting in torn rotator cuff requiring surgery
- $300,000- struck by vehicle walking on the side of the road resulting in torn rotator cuff requiring surgery
Car accidents cause many injuries to all areas of the body. One common shoulder injury you may sustain from a car accident is a torn labrum. The labrum is the cartilage tissue attached and surrounding your shoulder socket to help keep the ball of the joint set in place. A torn labrum can require surgery and a painful, lengthy recovery. There is no exact amount a victim of a torn labrum can except due to many variables that are unique to each individual case. Some examples of settlements received for a torn labrum include:
- $315,000- car accident resulting in torn tendons and torn labrum requiring surgery and 8 week recovery timeframe
- $275,000- car accident resulting in torn labrum along with other injuries, requiring surgery.
- $300,000- car accident suffering torn labrum, torn tendons and rotator cuff requiring surgery.
Whiplash is a soft tissue injury causing muscle and ligament strains, typically known for affecting your neck and spine. However, whiplash injuries, particularly severe ones, are known for expanding symptoms beyond the neck. It is very possible to experience shoulder pain in the case of a severe whiplash injury. Depending on many different factors such as, what type of accident you were involved in (t-bone, rear-end), or how the safety restraints restricted you from moving can influence how your body is affected by the whiplash. If you are experiencing whiplash after a collision, you may also be experiencing shoulder pain known as Impingement Syndrome. This happens when your tendon rubs against your shoulder blade causing irritation, swelling and pain. The backward and sudden forward motion that causes whiplash may also cause pain to areas below your neck and shoulders.
Shoulder impingement after a car accident is one of the most frequent shoulder injuries. Shoulder impingement can restrict your ability to move your shoulder and can cause weakness and pain when you reach for and lift things.
While other body joints have bones that are surrounded by muscles and tendons, the shoulder is unique. It has muscles and tendons that are also surrounded by bones. The muscles of your rotator cuff are between the head of your upper arm bone or humorous and the bony projection on your shoulder blade called the acromion.
Impingement can happen when the tendons of your rotator cuff rub against these bones. This can be caused by repetitive motions, but also can be caused by the violent forces of a car accident. A common car accident scenario is if you see in your rear view mirror that you are about to be hit from behind. It is natural to grip the steering wheel and tense up. When the collision occurs, some of that impact can be transferred into the delicate shoulder joint, causing rotator cuff damage and/or joint impingement.
Some of the common symptoms of impingement after a car accident include:
- Pain when you reach over your head
- Pain when you try to reach behind you
- Muscle weakness in the shoulder when trying to lift something
- Shoulder pain that radiates from the front of the shoulder to the side of the arm
- Swelling or tenderness in the front part of the shoulder
It is important to know that shoulder impingement is common after car accidents and it will get progressively worse without treatment. Your range of motion may decline as time goes by. That is why it is so important to have a doctor look you over as soon as possible after the accident.
Shoulder injuries in car accidents can be serious and very painful. They can often prevent you from doing your work and various activities that you enjoy. While the shoulder has the most free range motion of any joint in the body, it is easily damaged in a car accident or other type of accident.
Shoulder injuries can range from a dislocated shoulder and torn ligaments, to a torn rotator cuff, to a shoulder fracture, or simply a severely broken arm. More specifically, you could have a fracture of the collar bone, humerous or top of the upper arm bone or scapula or shoulder blade.
Another serious shoulder injury that can lead to a large settlement is a dislocation of the collar bone; this is also known as a separated shoulder. Another type of dislocation is of the sternoclavicular joint between the sternum and clavicle. The glenohumeral joint also can be dislocated, which is the ball and socket joint of the shoulder.
How much an arm and shoulder injury personal injury settlement will be dependent upon many factors that vary widely. Some of the factors to determine the settlement value are:
- Whether any tear in the shoulder ligaments and tissue was full or partial
- Whether you needed surgery on your arm or shoulder
- How well you healed after the surgery
- How well your injury responded to physical therapy
- How much work time you missed
- Whether you were able to regain full range of motion; if you have a permanent disability, this will increase the settlement value
- Whether the arm or shoulder was on your dominant side
Some arm and shoulder injuries on the less serious side can range from $10,000 to $25,000, if the injury generally heals well and missed work time is less. But for more serious, long term injuries, settlements of $75,000 to $100,000 or more are not uncommon.
Many people have shoulder problems after they are in a car accident. The trauma to your shoulder joint due to the high impact of a car crash can cause a variety of shoulder injuries, including bursitis. Bursitis in the shoulder is essentially an inflamed shoulder bursa. The bursa is a sac filled with fluid that helps to reduce friction in the shoulder. It is common for the bursa sac to be damaged in a car accident.
Your shoulder is a ball and socket joint with three major bones, which are held in place by tendons, ligaments and muscles. The shoulder joint usually has the greatest range of motion in your body. Because of the range of motion, this joint is more easily injured than others.
After a car accident, if you have pain in the shoulder, this is a warning sign that you should have it checked out right away. Some of the common types of pain that can indicate a serious shoulder injury, including bursitis, are:
- Tingling, weakness, numbness and swelling in the shoulder
- Shoulder pain in a certain spot that can get worse when you exert yourself
- Difficulty moving the arm in any way without pain
- Sudden, serious pain in your shoulder
- A pale, blue or discolored shoulder
One of the common types of shoulder injury after a car accident is frozen shoulder. This is where the injury from the car accident leads to pain and inflammation that eventually limits your ability to move the joint. It is common for bursitis to form in the shoulder after a car accident and cause this limited range of motion.
If you stop moving the shoulder much for several weeks due to bursitis, the tissue in the shoulder will get thicker and shrink. This will cause pain and make you move the shoulder less. This is a vicious cycle that can lead to long term disability.
Do not believe what the car insurance company tells you. You can certainly get a tear in a rotator cuff from a car accident! A torn rotator cuff is a very painful and debilitating injury that can limit your shoulder’s range of motion. Completing daily tasks can become an exercise in torture. Unfortunately, a torn rotator cuff is a very common injury from all types of car accidents, including rear end collisions.
A tear in the rotator cuff happens when one of the four tendons are injured, either from wear and tear, or in a violent collision such as a car accident. Insurance companies like to try to claim that a torn rotator cuff is only from wear and tear, but this is nonsense. It is clear by a complete medical examination by a medical professional when a torn rotator cuff is caused by a car accident or other type of collision.
Any type of car crash can cause this injury, but it is especially common with the rear end crash. If you think you are about to be hit from behind, you may tense up and grab the steering wheel. Your shoulder is tensed, and if it is, it is entirely possible for the force of the accident to be transmitted into the shoulder and rotator cuff.
Only your doctor can diagnose a torn rotator cuff, and their findings are crucial to your claim. But if you have these symptoms after a car accident, you might have this serious shoulder injury:
- Severe and/or sudden pain to the top or outside part of the shoulder
- Pain that radiates through the arm
- Reduced motion
- Difficulty sleeping because of pressure on the shoulder
- Popping or clicking of the shoulder when you move your arm