Settlement FAQs

how much is a rotator cuff settlement worth

by Prof. Danial Lowe Published 2 years ago Updated 2 years ago
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The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more. What Impacts the Settlement Amount of a Rotator Cuff Injury? The severity of the rotator cuff injury has the most impact on the potential settlement value of the case.

Full Answer

How much is a torn rotator cuff lawsuit worth?

The average value of a personal injury lawsuit involving a torn rotator cuff is between $35,000 to $150,000. The most severe rotator cuff injuries may have a settlement value of $200,000 or more. What is the disability rating for rotator cuff repair? TDIU for Rotator Cuff Repair

How long to recover from a rotator cuff injury?

Unfortunately, a torn rotator cuff may result in severe damage to structures, such as the shoulder, and it is likely to miss months or perhaps years of physical activity or sports. The longer you leave it untreated, the worse your condition can get. The normal time frame to recover from such an injury is about three to six months.

Can rotator cuff injuries heal by itself?

Sadly, a rotator cuff tear cannot heal on its own. This is true for any tear, from minor to a complete one. See, rotator cuff tears happen on the enthesis of our upper arm bone. This is the transition zone between your tendon and bone. Unfortunately, this area has a poor blood supply, making it harder for repairing cells to reach the tendon. ( 2)

What is the prognosis for a rotator cuff injury?

Treatments range from resting the affected arm to surgery. Tendinitis can progress to a rotator cuff tear, and that injury can get worse with time. Seeking treatment as quickly as possible helps to keep the injury from progressing. Nonsurgical treatments improve symptoms in about 80 percent of people with a rotator cuff injury.

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What is the average payout for a rotator cuff injury?

These injuries can cause varying levels of debilitation and recovery time which is why average amounts for settlements for a torn rotator cuff range between lows of $30,000 and highs of $500,000+.

What is the value of a shoulder injury?

How Much is a Shoulder Injury Worth?INJURYAVERAGE AWARDAVERAGE % DISABLEMENTShoulder only$25,37816.39%Shoulder + Neck$29,3236.04% (shoulder) 11.56% (neck)Shoulder + Neck + Lower Back$23,6883.13% (shoulder) 11.08% (neck) 2.30% (lower back)Shoulder + Lower Back$26,2653.53% (shoulder) 10.05% (lower back)4 more rows

Is a torn rotator cuff a disability?

When these muscles are overused or subjected to undue force, the tendons may tear from the stress. Rotator cuff tears can severely limit a person's range of motion, which may qualify them for disability benefits based on their inability to work.

Why is rotator cuff surgery so painful?

A rotator cuff surgery is a major surgical intervention in the shoulder, and the reason that there is pain after surgery is the amount of normal surgical trauma. Cutting, drilling, cauterizing, and suturing tissues create pain and inflammation.

What is a good settlement offer for a shoulder injury?

The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more.

How long are you out of work for a torn rotator cuff?

If you have a desk job, you may be able to go back to work or your normal routine in 1 to 2 weeks. If you have a more active job, you may be away from work for a few months.

What is the percentage of disability for a torn rotator cuff?

Rotator cuff surgery is rated based on the severity of the pain and the thickness of the rotator cuff tear. Most often, VA rates this condition as 10 or 20 percent disabling.

Can you live with a fully torn rotator cuff?

Patients with “well-balanced” massive rotator cuff tears may still have good active motion and be able to perform their activities of daily living. This is usually achieved through balanced force coupling across the glenohumeral joint (intact subscapularis and teres minor) and recruitment of the deltoid muscle.

Can you regain full strength after rotator cuff surgery?

This observation is supported by a study showing that in patients who have had rotator cuff surgery, strength in the shoulder muscles is not fully recovered until nine months after the surgery. As a result, it is normal to expect some continued symptoms of pain or soreness after rotator cuff surgery for several months.

Will my shoulder ever be the same after rotator cuff surgery?

Shoulder function not fully restored after rotator cuff surgery, follow-up study finds. Summary: Shoulder motion after rotator cuff surgery remains significantly different when compared to the patient's opposite shoulder, according to new study.

What is the most painful shoulder surgery?

Rotator cuff repair is the most painful surgery in the first postoperative days. The main risk factor for pain is a work related accident or occupational disease, associated with higher VAS values from D1 to 1 year and greater morphine intake.

What is the best pain medication for rotator cuff surgery?

Nonsteroidal anti-inflammatory drugs (NSAIDs) Over-the-counter pain medications, such as ibuprofen, are used to ease discomfort by reducing the inflammation around the torn tendon.

What percentage of disability is a shoulder injury?

20/20% – at shoulder level.

What is the average workers comp shoulder injury settlement in California?

between $25,000.00 and $175,000.00In my experience, the average workers compensation settlement amount for a shoulder injury is between $25,000.00 and $175,000.00.

Is rotator cuff a surgery?

Rotator cuff repair is surgery to repair a torn tendon in the shoulder. The procedure can be done with a large (open) incision or with shoulder arthroscopy, which uses smaller incisions.

How much does Workmans Comp pay Maryland?

Awards for under 75 weeks: one-third of your average weekly wage, up to 16.7% of the statewide average wage at the time of your injury (or $181 for injuries occurring in 2020). Awards for 75-249 weeks: two-thirds of your average weekly wage, up to one-third of the statewide average ($360 for 2020 injuries).

How Much Compensation Will I Get For a Maryland Torn Rotator Cuff Case?

The average value of a personal injury lawsuit in Maryland involving a torn rotator cuff is between $35,000 to $150,000. The most severe shoulder i...

What Impacts the Settlement Amount of a Rotator Cuff Injury?

The severity of the rotator cuff injury has the most impact on the potential settlement value of the case. Minor or partial tears of the rotator cu...

Are Rotator Cuff Injuries Common in Car Accidents?

Shoulder injuries are very common in car accidents. Our Maryland car accident lawyers have seen scores of these cases. The sudden impact of an ac...

Can a Torn Rotator Cuff Result in a Permanent Disability?

Yes. Severe rotator cuff tears can sometimes result in a permanent loss of full motion range in the shoulder. This can significantly restrict a per...

How many variables drive the value of rotator cuff injury claims?

The value of rotator cuff injury claims varies wildly. Five variables drive the value of these claims:

What is the rotator cuff?

The rotator cuff is essentially a cuff of tissue. It is firm, gristly tissue that covers and attaches to the ball and socket of the shoulder joint. It consists of a group of muscles, tendons, and ligaments. This controls the shoulder's mobility and stabilizes the ball of the shoulder within the shoulder joint.

Why is the shoulder at risk?

But the shoulder is particularly at risk because the balls of our upper arms are bigger than the shoulder socket that holds the ball. This is why we see so many of these rotator cuff injuries (and bicep tear injuries by a similar mechanism) in car accidents. The rotator cuff is essentially a cuff of tissue.

What causes a rotator cuff to hurt?

Typical causes of a rotator cuff injury may include falling, lifting, and repetitive arm activities — especially those done overhead, such as throwing a baseball or placing items on overhead shelves.

How to harm a good injury case?

One way to harm a good injury case is to not follow your treatment plan. Studies show that the physical therapy that you get after surgery is strongly correlated with a good outcome. If you do not follow your therapy plan, the insurance company is going to hit your accident lawyer over the head with that fact during settlement negotiations.

Can a rotator cuff injury flip your life?

A rotator cuff injury can flip your life upside down. Our accident attorneys see a lot of rotator cuff injuries in serious traffic collision cases. If you have a rotator cuff injury because someone else was not paying attention, you are entitled to seek compensation via settlement payout or verdict.

Is shoulder surgery successful?

So surgery is often successful but there are no guarantees. (From a legal perspective, as we discuss below, the average compensation for a shoulder injury requiring is much higher than one that does not have surgery.)

How much was the rotator cuff case settled?

The plaintiff and client rotator cuff injury case was settled with treatment, doctor, surgery, trial, medical, legal advice, shoulder pain, and injury lawyers compensation amounting to $40,000 only. It was a rear-ended minor car accident, and the plaintiff involved was able to settle the case right away. Rotator cuff surgery was not required in this case. That’s why the claim value of compensation for the client and plaintiff was only little.

How does a rotator cuff injury affect settlement?

First, it is the severity of the injury. If the plaintiff and injury brought too much impact, pain, and suffering to the victim, then the compensation amount will increase. If it’s only mild, then the amount will be decreased. Second, it is the prior health condition of the victim. If there is already a correlating condition on the health of the victim to the cuff injury, then it will be questionable if the injury brings too much pain. If yes, then there will be conditions, as well as further deliberation considering the prior health condition. Lastly is the damage. If both the victim and plaintiff brought damage to the setting of the injury, then both will face the consequences of their actions, especially if both have committed mistakes that resulted in the injury. There will either be a decrease or complete withdrawal of the amount to be received from the jury by the plaintiff and victim.

What happens if you get injured in a rotator cuff accident?

If a plaintiff with a rotator cuff tear injury accident isn’t treated by surgery, then it will affect the recovery process. It is also possible to experience a life of pain and suffering if the accident causes it to be torn apart. Thus, those with rotator cuff injuries need to seek proper medical advice and surgery.

What is the most important variable in a personal injury settlement?

The severity of the torn rotator cuff and rotator cuff tears is considered the most important variable in a personal injury settlement. Whenever the injured needs professional medical help, such as physical therapy, free consultation, shoulder check-ups, the shoulder joint case caused by an accident will be more valuable compared to those who don’t. So, orthopedic surgeons are the professionals that must be visited to fix the rotator cuff tear through arthroscopic surgery. If the torn rotator cuff injury accident is severe and needs an open arthroscopic surgery procedure, then the settlement value will be higher than the minimum. This is also true if a reverse shoulder replacement is needed. If the torn rotator cuff injury is difficult to address even by the surgeons, then the amount will definitely increase. Traumas will also be counted as additional evidence to increase the settlement amount.

What happens if you get a rotator cuff injury?

It affects the muscles, range of a joint, and other related limbs. That's why you should always see a doctor after an accident. Even worse, the effect of this car accident can force old injuries back. The good thing is that there are lawyers who are trained and well-equipped to help you get compensation for a severe traffic accident and make sure the victim gets a proper settlement amount. If there are persons victimized by this incident and no one pays enough attention to them, then the shoulder injuries' settlement will be less than ideal for the victim.

Do lawyers have to be effective in a rotator cuff injury?

There are points that both the lawyers and victim s need to be aware of . This will ensure that the victim receives full compensation for the rotator cuff tear injury and its damages.

How much insurance do you get for a soft tissue injury?

In this case, the average insurance to receive fully is around $35,000 to $150,000. This is the range of amounts to receive depending on the severity and pieces of evidence presented during the trials of the case. For the most severe case, the insurance can reach up to $300,000. These amounts are not bad at all, and they can still increase or decrease, depending on the decision in court and the soft-tissue injuries incurred as well.

How to figure out the value of a rotator cuff injury?

The best way to figure out the value of your case and possible settlement is to seek out competent legal representation as they can better assist you in identifying the key aspects of your case. However, that is not to say that calculating the average settlement amount for a separate shoulder injury is impossible. Rough estimates can still be reached through calculating the compensable damages related to your case. These compensable damages are usually separated into three categories: economic damages, noneconomic damages, and punitive damages.

How to treat rotator cuff tears?

Treatment of rotator cuff injuries can include the following: Rest. Heat or cold to the sore area. Medicines that reduce pain and swelling.

Why is the rotator cuff so important?

Formed by a combination of muscles and tendons, the rotator cuff helps your shoulder move and stay fully able. Any problems or damages to a rotator cuff can be quite common and can arise as a result of tendinitis, bursitis, or tear injuries. Rotator cuff tendons can become quite inflamed from frequent use, age, or injury.

Why do rotator cuffs get inflamed?

Rotator cuff tendons can become quite inflamed from frequent use, age, or injury. Any repetitive overhead motion can cause a rotator cuff, but they can also be caused by direct and forceful impact; such as a slip and fall accident.

Why do you need an arthroscopy for a frozen shoulder?

The procedure of an arthroscopy for a frozen shoulder is performed to help improve the limited activity and passive shoulder movement of this injury. This injury is susceptible to inflammatory issues and fibrosis, where chronic inflammatory cells can accumulate in the disease capsule. The frozen shoulder can be retriggered even after a surgical procedure has been accomplished to fix it. For this reason, this injury is prone to chronic inflammation, and a long healing time.

How much did the plaintiff get for a car accident?

A plaintiff received $300,000 settlement after suffering shoulder injury after a car accident. Injury involved torn tendons and rotator cuff, arthroscopic surgery and six months of physical therapy. A plaintiff receives $190,000 verdict for suffering a torn rotator cuff.

How to treat shoulder impingement syndrome?

The treatment of an arthroscopy for a shoulder impingement syndrome (SIS) may not completely prevent the pain of the injury from returning. Exercise, therapies, acupuncture, and surgical procedures are recommended for this issue. But it is NOT recommended to use nonsteroidal anti-inflammatory drugs (such as over the counter pain relief), for this condition. The surgical procedure recommended will depend on each individual case, but a standard surgical technique of a routine arthroscopic subacromial decompression (ASD), is often performed, with an arthroscopic bursectomy. Interestingly, some studies suggest that clinically many exercise therapies can be effective to alleviate pain in this area.

How to repair a torn rotator cuff?

Surgery to repair a torn rotator cuff typically involves re-attaching the tendon to the upper arm bone. A complete tear requires stitching the tendon while a partial tear may only need a debridement, which is when the surgeon removes unhealthy tissue to promote healing.

How to tell if you have a rotator cuff injury?

You may have pain when trying to lift or lower the arm on the affected shoulder. Other signs include: Pain while resting or sleeping. Pain while trying to move your shoulder or arm in certain positions.

What is a rotator cuff?

A rotator cuff is a group of muscles and tendons that surrounds the shoulder. Its purpose is to support the arm bone within the shoulder socket/joint.

How long does it take for a torn rotator cuff to heal?

Recovery is dependent on varying factors. How long you waited to seek treatment, how severe the injury is, where the injury is located within the rotator cuff, and the treatment route you choose to take can all affect the length of time it takes for complete healing.

What happens when you impinge on your rotator cuff?

Over time, impingement can lead to tendinitis, which is when the tendons within the rotator cuff become inflamed.

How long does it take for bursitis to heal?

Bursitis or tendonitis can take anywhere from 3-6 months to heal, even with steroid treatments and physical therapy.

How long does shoulder impingement last?

Impingement is considered a chronic condition and symptoms can last up to six weeks or longer.

How much does it cost to repair a rotator cuff?

According to one source, the average cost of rotator cuff surgery repair in the US is $21,800 [ 3]. This does not include additional costs including physical therapy, medications or follow-up visits.

How much does rotator cuff surgery cost?

Enlist the help of an attorney if needed. The average cost of rotator cuff surgery is around $21,000, but there are a lot of other factors which affect claim value. Primary among them are the severity of injury, fault in the accident, preexisting conditions, and available policy limits.

How Does a Car Accident Cause a Rotator Cuff Injury?

According to the American Association of Orthopaedic Surgeons (AAOS), a rotator cuff injury most commonly takes the form of a tear in one of the muscles, tendons or ligaments that surround the shoulder joint (known as the rotator cuff) [ 1].

What Are the Symptoms of a Torn Rotator Cuff?

If you’ve been down this road and had rotator cuff surgery already you’ll be intimately familiar with the symptoms. But for anyone earlier in the process, the most common symptoms (per WebMD) are [ 2]:

What causes rotator cuff tears?

Rotator cuff tears occur when the muscles, ligaments or tendons around the shoulder socket are damaged. The blunt impact of an accident can cause this type of injury. A dull ache, muscle weakness, and reduced range of motion are the primary symptoms of rotator cuff tears.

How to dispute rotator cuff injury?

Insurance companies often try to dispute claims involving rotator cuff injuries by stating they are due to preexisting conditions or degenerative processes. Get your doctor or surgeon to write a letter indicating the likely origin of the injury, this will help to head off this issue.

What do you need to know about rotator cuff surgery?

To properly diagnosis a rotator cuff you need a physical examination and an MRI, X-ray or Ultrasound.

How much does rotator cuff surgery cost?

When a quick referral happened, the cost for rotator cuff surgery and related care was around $25,000, and they returned to work in about 7 months. When they weren’t referred to a specialist quickly and had to go through a gatekeeper, the cost was over $100,000 and the recovery time was 18 months.

What is the rotator cuff?

(Older workers in general are also more susceptible to this injury.) In simple terms, your rotator cuff is a series of four muscles in your shoulder that hold your arm in place.

What is Jeff's shoulder X-ray?

Jeff’s co-workers rush him to the hospital, where he is treated with painkillers and receives a shoulder X-ray, which shows a full-thickness tear in one of the tendons in his shoulder.

How much does it cost to repair a fracture?

Though simple fractures can be treated without surgery, complex or open fractures can result in serious tissue damage and will likely need surgery, which can cost between $15,000 and $20,000. Along with surgery comes the other medical costs and lost time at work. Recovery time after surgery can take three to six months.

What does it mean when a tendon is full thickness?

These tears can be classified as partial or full thickness, with full thickness meaning that there’s a hole in the tendon or it’s completely separated from the bone.

Can you sue your employer for shoulder injury?

You won’t be able to get any compensation for pain and suffering in a workers’ compensation shoulder injury settlement. However, in limited circumstances you may have the right to sue your employer for a work injury. In a personal injury lawsuit, you can seek compensation for all your damages, including pain and suffering as well as your full wages.

Can you get a scheduled settlement for shoulder injury?

In other words, your doctor says your shoulder injury won’t get any better with treatment. Your doctor will determine an impairment rating to express the percentage of your disability.

How much is a rotator cuff tear worth in Florida?

I have settled shoulder surgery cases from $10,000 (where there was limited insurance) all the way up to $210,000.

What happens if you fall down and have a rotator cuff tear?

If someone’s carelessness caused your to fall down and suffer a rotator cuff tear in Florida, you may have a case to get your damages (e.g. medical bills, lost wages, pain, suffering, mental anguish, inconvenience, etc.).

What does a radiologist say about a rotator cuff tear?

A doctor who looks the MRI may say that you have a pre-existing rotator cuff tear based on calcification, which may lower the value of your case.

What is the strongest case for a fall?

Assuming that someone’s carelessness caused your fall, the strongest case is when an orthopedic doctor states that the person’s fall or other type of accident caused him or her to tear their rotator cuff.

What causes rotator cuff tear in Florida?

Someone’s negligence may cause your rotator cuff tear in a Florida car accident. If so, you may have a case.

Why do rotator cuff tears happen?

Most rotator cuff tears happen due to the tendon being worn out, which happens slowly over time. The injured person’s doctor is therefore a key witness in a rotator cuff case.

What happens if a tear is too big?

If the tear is very small, there is a chance that the defense doctor will deny that a tear exists. This may decrease the value of the case.

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