Torn Rotator Cuff Injury Lawsuit in 2024 | Average Settlement Value
Are you suffering from a torn rotator cuff due to your work, profession, or the fault or negligence of another? If yes, you should immediately present these facts to the liability claims adjuster to get maximum compensation for your torn rotator cuff injury lawsuit. Rotator cuff injuries require extensive medical care. So, you would want to ensure you collect every penny you are entitled to when you were injured in an accident.
Understanding torn rotator cuff
Rotator cuff injury causes a dull ache in the shoulder that gets worse when using the arm away from the body. These can occur earlier in people having jobs that require repeatedly performing overhead motions.
Nonetheless, many people with rotator cuff injuries can manage their symptoms and return to activities with physical therapy exercises. These types of exercises improve the flexibility and strength of the muscles surrounding the shoulder joint.
However, other rotator cuff tears may occur as a result of a single injury. In such cases, it’s important to take medical evaluation to discuss the role of surgery.
Symptoms of rotator cuff injury
- Difficulty reaching out to the side.
- Progressive weakness of the shoulder.
- Pain in the shoulder, especially at night.
- Pain or tenderness when reaching overhead.
- Significant pain that causes you to avoid certain activities.
- Trouble reaching behind the back.
Who is at risk for rotator cuff injuries?
The following people are most at risk of suffering from torn rotator cuff:
- Athletes, especially baseball players, tennis players, rowers, and wrestlers.
- People above 40 years of age.
- People with jobs requiring repetitive lifts, such as carpenters and painters.
Risk factors of rotator cuff injury
These factors affect how soon you develop a rotator cuff injury.
Age:
As you get older, the risk of a rotator cuff injury increases. This type of injury is most common in people older than 60.
Construction jobs:
Occupations such as construction jobs, including carpentry or house painting, demand repetitive arm motions, often overhead. As a result, it can damage the rotator cuff over time.
Family history:
Sometimes, there is a genetic component involved with rotator cuff injuries. This is why they occur more in certain families.
Treatment for rotator cuff injuries
Here are the ways a torn rotator cuff can be addressed or treated.
- Cortisone injection.
- Electrical stimulation of muscles and nerves.
- Heat or cold to the sore area.
- Medicines that reduce pain and swelling.
- Rest.
- Surgery.
- Ultrasound.
Rotator cuff injury lawsuit settlement and verdict
- A complete or partial tear.
- The diagnosed seriousness of the injury.
- The victim’s age (values are much higher for victims under the age of 30).
- Prior medical history.
- Whether or not the victim had surgery.
Other important things to remember
The more difficult rotator cuff cases to prove and defend are those where the client has a pre-existing injury. In these cases, the challenge arises when the imaging shows a degenerative shoulder rotator cuff injury rather than acute trauma.
One way to harm a good injury case is not to 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.
The risks involved in getting rotator cuff surgery
A torn rotator cuff surgery has high stakes and risks, such as:
- A failed rotator cuff repair.
- Chronic ongoing pain, even after the surgery.
- Death from a blood clot traveling to the brain or heart.
- Developing pulmonary embolism.
- Developing a frozen shoulder.
- Hospital-acquired infection.
- Issues related to the surgery or anesthesia.
- Injury to the peripheral nerve.
- Surgical site infection.
Compensable damages for rotator cuff injury lawsuit
Your compensation can include both economic and non-economic damages for rotator cuff injury lawsuit
Economic damages:
- Past and future medical expenses.
- Loss of income.
- Loss of potential income.
Non-economic damages:
- Pain and suffering.
- Emotional distress.
- Loss of consortium.
Latest Rotator Cuff injury lawsuit case settlement in 2024
Tennessee; $238,000 Verdict: Two passengers, a paraplegic man and his female caregiver, were in a transport van that T-boned another vehicle. As a result, the man suffered minor soft-tissue injuries and underwent minor medical treatments. On the other hand, the woman suffered a rotator cuff tear and underwent shoulder surgery about one year later. Meanwhile, the no-fault driver suffered soft-tissue injuries, including the aggravation of a pre-existing one. The three plaintiffs alleged negligence against the transport van driver. They claimed that she ran a stop sign and failed to yield the right-of-way. Consequently, the jury awarded $238,000.
Tips on winning your rotator cuff injury case
If you are the victim getting ready for trial, you need to point out to the insurance company or the jury that one of the reasons for your suffering and losses is the surgery itself. Surgeries could be painful and come with a lot of risks, including infection and death. There is also a risk of nerve or blood vessel injury, inability to repair the injury, persistent pain, and arthritis. You won’t even get any guarantee of function or abilities after surgery. The adverse effects of surgery are the part of the claim that often gets overlooked.
Choosing the top rotator cuff injury attorney will help you get fair compensation for your claim. Ethen Ostroff Law is your one-stop platform to get a consultation regarding your rotator cuff case. We will guide you through the arduous process of fighting for proper compensation for a rotator cuff injury Lawsuit. What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
