- What is the Rotator Cuff?
- Types of Rotator Cuff Injuries
- Example Shoulder Injury Settlements
- Factors Influencing Shoulder Injury Settlements
- Steps To Take If You Experience A Shoulder Injury During A Vehicle Collision
- Get Help From Brown & Crouppen For Your Shoulder Injury Claim
- Frequently Asked Questions
What is the Rotator Cuff?
The rotator cuff is a group of four muscles and their associated tendons that provide stability and facilitate movement in your shoulder. These muscles – the supraspinatus, infraspinatus, teres minor, and subscapularis – are attached to the shoulder blade and extend into tendons that connect to the humerus, the upper arm bone. When these muscles contract, they pull on the tendons, which in turn pull on the bone, enabling you to lift and rotate your arm. The rotator cuff plays a critical role in nearly every shoulder movement, whether it’s lifting, pushing, pulling, or rotating your arm.
Rotator cuff injuries can vary widely in terms of severity, ranging from mild inflammation to complete tears of the tendons. The severity of your injury will determine the course of treatment and can significantly affect your ability to recover fully. Understanding these injuries is critical for anyone considering legal action to recover damages for a shoulder injury.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Types of Rotator Cuff Injuries
Rotator cuff injuries are categorized into different types based on the extent of the damage. Each type of injury has distinct symptoms, treatment options, and implications for your overall health and ability to perform daily tasks.
1. Rotator Cuff Tendonitis
Rotator cuff tendonitis is an inflammation of the tendons that make up the rotator cuff. This condition often accompanies shoulder impingement and can result from a single traumatic event or from chronic overuse. This can include repetitive lifting or overhead activities.
- Symptoms: Shoulder pain, stiffness, swelling, skin discoloration or redness, and a cracking or popping sensation when moving the shoulder. The pain associated with tendonitis is often described as a dull ache, which can worsen at night or with certain movements, particularly those that involve reaching overhead.
- Treatment: Treatment typically involves rest, physical therapy, ice application, pain relievers, and in some cases, corticosteroid injections. Physical therapy is crucial as it strengthens the surrounding muscles and improves shoulder stability, helping to prevent further injury. In more severe cases, if conservative treatment does not alleviate symptoms, surgical options might be considered to remove inflamed tissue and create more space in the shoulder joint.
2. Shoulder Bursitis
Bursitis is the inflammation of the bursa, a fluid-filled sac that cushions the shoulder joint. The bursa reduces friction between tissues in the body, and when it becomes inflamed, it can lead to painful impingement symptoms. Shoulder bursitis is often linked with tendonitis, as the inflamed tendons can irritate the bursa.
- Symptoms: Gradual or sudden onset of shoulder pain, stiffness, swelling, painful range of motion, nighttime pain, and sharp or pinching pain with overhead motions. The pain is often localized to the top and outside of the shoulder and can be exacerbated by activities such as lifting, pushing, or pulling.
- Treatment: Similar to tendonitis, treatment includes rest, physical therapy, ice application, pain relievers, and corticosteroid injections. In cases where conservative treatments fail to provide relief, more invasive procedures like aspiration (removal of excess fluid from the bursa) or even surgical removal of the bursa might be necessary.
3. Partial Rotator Cuff Tear
A partial tear of the rotator cuff means that the tendon is damaged but not completely severed. The depth of the tear can vary, with some partial tears involving only a small portion of the tendon while others extend deeper. Partial tears can occur suddenly, due to trauma, or gradually, as a result of wear and tear over time.
- Symptoms: Pain when lifting objects above shoulder level, popping or clicking sounds, and a sensation of instability in the shoulder. People often describe a sharp pain or a catching sensation when moving the arm in certain positions. Over time, if left untreated, a partial tear can progress to a full-thickness tear.
- Treatment: Partial tears are often managed non-surgically with physical therapy, ice, pain relievers, and corticosteroids. However, surgery may be recommended for deeper or more persistent tears, especially if the person’s symptoms do not improve with conservative treatment. Surgical options can include arthroscopic repair, which involves using small instruments and cameras to repair the tear with minimal invasion.
4. Full-Thickness Tear (Complete Tear)
A full-thickness tear occurs when the tendon is entirely detached from the bone. This type of tear can be partial (incomplete) or complete, with the latter involving a total detachment of the tendon from the bone. Full-thickness tears often result from a sudden injury, such as a fall or lifting something heavy, but they can also develop over time from untreated partial tears.
- Symptoms: Initially, mild pain worsens over time, especially with overhead movements, and there is difficulty performing routine activities like combing hair or reaching behind the back. Over time, the pain may become constant and more severe, even at rest, and the shoulder may feel weak and unstable. In severe cases, there may be a visible deformity or a loss of muscle mass (atrophy) in the shoulder.
- Treatment: Surgery is often required to reattach the tendon to the bone, with options including arthroscopic tendon repair or, in more severe cases, open tendon repair or tendon transfer. The goal of surgery is to restore the function of the rotator cuff and relieve pain. Post-surgery, physical therapy is essential to regain strength and range of motion in the shoulder. Recovery can take several months, and in some cases, complete recovery may not be possible. This is especially true if the tear is severe or if treatment is delayed.
5. Massive Rotator Cuff Tear
A massive rotator cuff tear involves significant damage, typically with two or more of the four tendons tearing away from the humerus. These injuries are often more challenging to repair and may result in poor outcomes even after surgery. Massive tears are often associated with significant trauma, such as a fall from a height or a high-impact car collision, and they can severely impair shoulder function.
- Symptoms: Severe pain, especially at night, inability to lift objects above shoulder height, and significant weakness in the arm and shoulder. People with massive tears may also experience a grinding or popping sensation in the shoulder joint, along with a noticeable decrease in muscle mass around the shoulder.
- Treatment: Treatment options may include arthroscopic or open surgery. This can include superior capsular reconstruction or reverse shoulder replacement, depending on the extent of the tear and the person’s overall health. In some cases, a tendon transfer may be performed. This is where a healthy tendon from another part of the body is used to replace the damaged rotator cuff. For people who are not candidates for surgery, physical therapy may help improve shoulder function and reduce pain. However, it’s unlikely to restore full strength or range of motion.
Example Shoulder Injury Settlements
Understanding how similar cases have been settled can provide insight into the potential value of your claim. Here are some examples of rotator cuff injury settlements:
- $7,500 Settlement: A Missouri woman suffered a rotator cuff tear and foot laceration when a store door shut too quickly, causing her injuries. The case was settled for $7,500.
- $50,000 Jury Award: A Missouri woman was rear-ended at an intersection, resulting in a torn rotator cuff requiring surgery. The jury awarded $50,000, accounting for medical expenses, lost wages, and pain and suffering.
- $130,000 Settlement: An Illinois woman sustained a torn right shoulder rotator cuff in a car accident where the defendant failed to yield. The settlement included compensation for medical expenses, lost wages, and pain and suffering.
- $170,000 Jury Verdict: A Missouri man was hit by a truck while in a crosswalk, leading to a rotator cuff tear requiring surgery. Although the plaintiff was found 15% negligent, the jury awarded $170,000.
- $275,000 Jury Award: A woman suffered a rotator cuff tear and lumbar strain when an uncovered light fixture fell in a department store. The jury awarded $275,000 for her injuries and the associated impact on her life.
- $500,000 Settlement: A woman in Missouri sustained a torn rotator cuff and fractured ankle when a police car ran a stop sign and hit the car she was in. The settlement reflected the severity of her injuries and the long-term impact on her life.
- $750,000 Settlement: A Missouri man suffered multiple injuries, including a torn rotator cuff, after falling down stairs in a restaurant due to an unmarked door leading to the basement. The settlement reflected the restaurant’s negligence in ensuring safety.
- $1,500,000 Jury Award: A Missouri woman was struck by a truck, leading to multiple injuries, including a torn rotator cuff. The jury awarded $1,500,000, including $628,589 in medical expenses.
These examples illustrate the wide range of settlement amounts that can be awarded in rotator cuff injury cases. The specific circumstances of each case, including the severity of the injury, the impact on the victim’s life, and the degree of negligence involved, all play a crucial role in determining the final settlement amount.
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Factors Influencing Shoulder Injury Settlements
The value of a personal injury settlement can vary greatly depending on several factors. Understanding these factors can help you gauge the potential worth of your claim and ensure that you receive fair compensation for any shoulder injuries.
1. Severity of Injuries
- Physical Injuries: The more severe your physical injuries, the higher your settlement is likely to be. This includes not only the immediate impact of the injury but also any long-term or permanent damage. For instance, a severe rotator cuff tear that requires surgery and extensive rehabilitation will generally result in a higher settlement than a minor strain or sprain.
- Emotional Trauma: Emotional trauma, such as anxiety, depression, and PTSD, also plays a significant role in determining settlement amounts. The psychological impact of a shoulder injury can be profound, particularly if the injury leads to chronic pain or disability. Emotional trauma can also affect your ability to work, interact with others, and enjoy life. These should be considered when negotiating a settlement.
2. Medical Expenses & Future Care Needs
This includes all current and future medical expenses related to your injury. Hospital bills, surgeries, rehabilitation, therapy, and necessary modifications to your living arrangements are all considered when calculating a settlement. For instance, if your injury requires ongoing physical therapy or multiple surgeries, these costs should be factored into your settlement.
3. Loss of Income and Earning Capacity
If your injury prevents you from working, either temporarily or permanently, your lost income and reduced earning capacity will be significant factors in your settlement. This includes both the immediate loss of income during your recovery period and any long-term impact on your ability to work. If your injury leads to a permanent disability that prevents you from returning to your previous job, your settlement should reflect the loss of future earnings as well.
4. Pain & Suffering
Pain and suffering refers to the physical discomfort and emotional distress caused by your injury. While challenging to quantify, this aspect is crucial in settlement negotiations. It accounts for your pain, discomfort, emotional anguish, and the overall impact on your quality of life.
For example, if your injury has resulted in chronic pain that interferes with your ability to sleep, work, or engage in recreational activities, this should be reflected in your settlement.
Steps To Take If You Experience A Shoulder Injury During A Vehicle Collision
If you suffer a shoulder injury in a vehicle collision, taking the right steps can protect your health and your legal rights. Below are recommended steps to take:
Step 1: Ensure Safety: Move to a safe location to prevent further injuries. Your priority should be ensuring that you are out of harm’s way. This might mean moving your vehicle to the side of the road or exiting the vehicle if it’s safe to do so.
Step 2: Call Emergency Services: Report the collision and request medical assistance. Even if you believe your injuries are minor, it’s crucial to have a medical professional assess you at the scene. Adrenaline and shock can mask the pain of a serious injury.
Step 3: Seek Medical Attention: Even if your injuries seem minor, get a medical evaluation to rule out any hidden damage. Some injuries, like a rotator cuff tear, might not be immediately apparent and could worsen without prompt treatment.
Step 4: Gather Information: Collect details about the collision, including contact information for all involved parties and witnesses. Take photos and videos of the scene, capturing any damage to the vehicles and any visible injuries you or others may have sustained. Documenting the scene thoroughly can be crucial for your case later on.
Step 5: Consult with a Personal Injury Attorney: A personal injury attorney specializing in shoulder injuries can guide you through the legal process and help you seek compensation. An experienced attorney will know how to gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the process.
Taking these steps can help ensure your safety and strengthen your position should you need to pursue a legal claim for compensation for damages sustained in a collision.
Get Help From Brown & Crouppen For Your Shoulder Injury Claim
At Brown & Crouppen, we understand the devastating impact a shoulder injury can have on your life. Our team of experienced attorneys is dedicated to helping you navigate the complexities of personal injury litigation and ensuring that your rights are protected. With offices in Kansas City and St. Louis, we are ready to help you recover the compensation you deserve.
Starting your case is easy. Contact us at (888) 803-2581 for a free consultation or fill out our free case review form online. Remember, if you don’t get paid, we don’t get paid. Our goal is to make the legal process as straightforward and stress-free as possible so that you can focus on your recovery.
Frequently Asked Questions
How long do I have to file a shoulder injury claim?
In Missouri, the statute of limitations for filing a personal injury claim is 5 years. In Illinois, it’s typically 2 years. It’s crucial to consult with an attorney promptly to ensure you file within the required time limit.
Missing the deadline could mean losing your right to pursue compensation, regardless of the merits of your case.
How long will my shoulder injury claim take to resolve?
The timeline for resolving a shoulder injury claim can vary depending on factors such as the severity of your injury, the length of your recovery, and the negotiation process. It can take several months to over a year to reach a settlement. Complex cases or those involving severe injuries may take longer, especially if a lawsuit is filed.
What is the impairment rating for a shoulder injury?
Impairment ratings, including those for a rotator cuff surgery, vary greatly depending on the specifics of the injury, the success of the surgery, the person’s recovery process, and any lasting effects or disabilities.
The American Medical Association’s Guides to the Evaluation of Permanent Impairment is commonly used as a basis for determining impairment ratings. According to the 5th edition of the guide, rotator cuff disorders can result in an impairment rating of 0% to 25% for the upper extremity. This can translate to a 0% to 15% whole-person impairment.
The actual impairment rating you might receive, however, depends on factors like your range of motion post-surgery, residual pain, strength, and the impact of the injury and surgery on your ability to perform daily activities or your job.
