This video will look at the settlement value of rotator cuff injuries in a typical accident case. Miller & Zois lawyer Ron Miller has handled more than his fair share of rotator cuff injury cases and has spend a lot of time analyzing the average settlement value of these cases (and how to push it higher).

Common Injury

Our accident attorneys see so many shoulder injuries in serious traffic collision cases because the shoulder is particularly vulnerable in an accident. Rotator cuff injuries are the most common type of injury to the shoulder in an accident.

Statistics

The value of rotator cuff injury claims vary wildly but there are 4 specific variables that drive the value of these claims: The severity of the injury; The age of the victim (values much higher for victims under age 30); Prior medical history; and whether it is a complete or partial tear of the rotator cuff.

The most important of these variables is the severity of the injury. Rotator cuff injuries that require surgery are in a different ballpark than those that are not. Insurance companies (and juries), want to see that you have had the surgery as opposed to the intention to have it. We see even greater value in reverse shoulder replacement cases in particular often have a greater value.

The more difficult rotator cuff cases are where the client has a preexisting injury. These cases almost always begin with a subpar offer. The challenge for plaintiffs’ lawyers is when the films show degenerative changes or a prior injury as opposed to an acute trauma. Good lawyers can still win many of these cases. But they are more of a challenge. You have to put your chin strap on, get the best experts, and develop a case the jury can understand.

Settlement Statistics

I’m not a huge fan of settlement and verdict statistics to understand the value of a different case. But they do give you a framework to understand the value. So let’s look at the statistics.

The median verdict or reported settlement for a rotator cuff injury case in Maryland is $50,000. The median value of a rotator cuff case in D.C. is $140,000. Keep in mind that these are just median averages. Actual awards can be much higher or lower.

Our last major rotator cuff injury case was a very typical scenario. Our client is hit when by a truck making an unsafe right turn and he suffers a significant rotator cuff injury. Insurance companies undervalue rotator cuff cases and This claim was no exception. The insurance company offered $20,000 presuit. This was a nonstarter. We filed a lawsuit. We assumed we were going to trial but the offer kept coming up and up. When the offer reached $175,000, the client decided to settle the case.

If you have a rotator cuff injury case or any other type of personal injury case, call my office today at 8005538082. You can find more information here: https://www.millerandzois.com/rotator...