Rotator Cuff Injury Settlement Amounts

A rotator cuff injury can flip your life upside down. Our accident attorneys see a lot of rotator cuff injuries in severe 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.

If you want to know the settlement amounts for a rotator cuff injury, you have the right question. You deserve to be fully compensated for the harm you have suffered. This page is mainly dedicated to helping you better understand the trial and settlement value of your rotator cuff tear injury claim.

Our Maryland personal injury lawyers have settled or taken to trial scores of rotator cuff accident lawsuits. So our attorneys are well-versed in the science of these cases and what you can expect in a settlement payout.,

Rotator Cuff Settlements With and Without Surgery

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 cuff are generally less severe and have a lower settlement amount. Complete tears are more serious, often requiring surgery. Surgery claims generally fetch higher values.

There is a practical reason for this. Surgery is painful, recovery can take months, and the victim may be unable to work or perform ordinary activities during rehabilitation. Some patients never recover full shoulder strength or range of motion.

But there are no guarantees about settlement value. We have seen clients undergo surgery, make remarkable recoveries, and receive less compensation than they would have received if they had permanent limitations. That is good news for the client medically, even if it takes some money off the table in settlement negotiations.

On the other hand, we have handled rotator cuff cases without surgery where the insurer undervalued the injury because the client had relatively little medical treatment. The fact that someone did not have surgery does not mean the injury was insignificant.

We have also seen substantial differences between the first settlement offer and the eventual recovery. An insurance adjuster may undervalue a case before litigation because the client has not undergone surgery or has relatively small medical bills. Once a lawsuit is filed and the insurer has to consider what a jury may do, the valuation can change dramatically.

Severity of Rotator Cuff Tear Drives Settlement Amount

But let’s talk about the injury itself because the severity and scope of rotator cuff injuries drive settlement amounts. Your rotator cuff is a group of muscles and tendons in your shoulder. Trauma can cause damage to these muscles or tendons.

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.

Every part of our body is vulnerable in a car or truck accident. But the shoulder is particularly at risk because the ball of our upper arm is much larger than the shallow shoulder socket that holds it. The rotator cuff helps stabilize this joint. This is one reason we see rotator cuff injuries, and biceps tendon injuries by a similar mechanism, in car accidents.

The rotator cuff is essentially a cuff of tissue. It is firm tissue that covers and attaches around the ball and socket of the shoulder joint. It consists of four muscles and their tendons. This controls the shoulder’s mobility and stabilizes the ball of the shoulder within the shoulder joint.

The four muscles comprise the rotator cuff: the supraspinatus, infraspinatus, subscapularis, and teres minor. They originate from the scapula, and their tendons attach to the upper part of the humerus.

The function of the rotator cuff is to hold the shoulder joint together and hold the ball of the humerus snug in the socket while larger muscles move the arm around in space.

The supraspinatus tendon is the tendon that is most commonly torn when people suffer a rotator cuff tear. As defense lawyers are quick to point out, rotator cuff tendons, like many of our other joints and tendons, tend to degenerate as we age.

One of the challenges with rotator cuff injuries is that parts of the tendons have a limited blood supply, which can make healing difficult. Surgery is sometimes necessary to reattach a torn tendon to the bone and allow it to heal.

So surgery is often successful, but there are no guarantees. From a legal perspective, the average compensation for a shoulder injury requiring surgery is much higher than one that does not require surgery. The extent of the tear, the difficulty of the repair, complications, rehabilitation, and permanent limitations all affect the value of the case.

Other Factors That Drive Auto Accident Shoulder Injury Settlement Amounts

Besides the severity of the injury, these are additional variables in calculating rotator cuff settlement amounts in car accidents:

• Medical expenses: The total cost of medical treatment, including surgeries, physical therapy, medication, and rehabilitation, will be considered when determining the settlement amount. These costs, along with lost wages, serve as an anchor for insurance adjusters and juries in calculating settlement amounts. Higher medical expenses can result in a larger settlement to compensate for the financial burden incurred by the victim, assuming the insurance company or jury believes they were necessary and related to the car accident.
• Lost wages and future earning capacity: If the shoulder injury prevents the victim from working or significantly impacts their ability to earn a living in the future, the settlement may account for lost wages and potential loss of future earning capacity. Victims who have physical jobs may see higher settlement payouts because they can claim future lost wages.
• Pain and suffering: This really is a subcategory of the severity of the injury. The physical pain, emotional distress, and suffering endured by the victim due to the shoulder injury will be factored into the settlement amount. This includes the impact on the victim’s daily activities, hobbies, and quality of life. Again, rotator cuff injuries with surgery are generally valued higher than the same injury without surgery.
• Insurance coverage and policy limits: This is the most important variable in some cases where there is insufficient insurance coverage. The at-fault party’s insurance coverage and policy limits can impact the maximum amount that can be obtained in a settlement. If the at-fault party’s coverage is limited, it may affect the settlement amount available to the victim.

Maryland’s Contributory Negligence Rule

There is another issue that is particularly important in Maryland: contributory negligence. Maryland is one of the few states that still follows this rule. If the defendant proves that the injured person’s own negligence contributed to causing the accident, the plaintiff generally cannot recover damages, even if the defendant was far more negligent.

This is different from states that allow a jury to reduce an award based on each party’s percentage of fault. In Maryland, the defense may have a complete defense if it establishes contributory negligence. There are exceptions and limitations, but this rule is one reason why proving liability is so important in Maryland car accident cases.

What Drives Rotator Cuff Case Value?

Here is a closer look at the factors that drive higher payouts. Because, as you will see, the value of rotator cuff injury claims varies wildly. Five variables drive the value of these claims:

• The diagnostic severity of the injury
• The age of the victim and the effect on future activities and earnings
• Prior medical history
• A complete or partial tear
• Whether the victim had surgery

Rotator cuff cases with surgery are generally more valuable than those without a surgical procedure. Most orthopedic surgeons use arthroscopic repair today. Some injuries require open surgery or more extensive procedures, and reverse shoulder replacement cases, in particular, often have greater value because of the seriousness of the underlying condition and the resulting limitations.

But we would not automatically value an open procedure higher than an arthroscopic repair. The actual injury, recovery, permanent impairment, and damages matter much more than the name of the procedure.

The more difficult rotator cuff cases are where the client has a preexisting injury. In these cases, the challenge is that the films show a degenerative shoulder injury instead of acute trauma. Good lawyers in Maryland, particularly in Baltimore, can still win many of these lawsuits. But they are more of a challenge.

One way to harm a good injury case is not following your treatment plan. Studies show that rehabilitation after surgery is important to recovery. If you do not follow your therapy plan, the insurance company will hit your accident lawyer over the head with that fact during settlement negotiations.

There is no reliable national average that tells you what your claim is worth simply because an MRI shows a torn rotator cuff. The state, the jurisdiction, the extent of the injury, the available insurance coverage, and the evidence presented at trial can all make a significant difference.

If untreated by surgery, many full-thickness rotator cuff tears will not heal in the sense that the torn tendon eventually reattaches itself to the bone. A rotator cuff tear may remain visible on an MRI even when the patient’s pain and function improve substantially with physical therapy or other treatment.

That said, the average shoulder injury settlement without surgery will generally be less than a surgery case. But there are exceptions, particularly where the victim has significant permanent limitations or the injury seriously interferes with employment.

If you are an injury lawyer working on a settlement or getting ready for trial, you want to remember to point out to the insurance company or jury that one of the real harms and losses is the surgery itself. It is painful, and it comes with risks.

The risks associated with rotator cuff surgery include infection and, in rare circumstances, death. There is also a risk of nerve or blood vessel injury, inability to repair the injury, continued pain, and arthritis. There is also no guarantee of function or abilities after surgery. This is a part of the claim that often gets overlooked: the pain and suffering from the fear that your loss of function is permanent.

Preexisting Rotator Cuff Injuries and Insurance Company Defenses

One of the most common defenses to a rotator cuff injury lawsuit is that the tear was already there before the accident. Insurance companies love this defense, particularly when the victim is older and the MRI shows tendinosis or other degenerative changes.

Sometimes the defense is legitimate. Rotator cuff tendons can weaken and tear gradually, and not every tear found after an accident was caused by the accident.

But there is another side to the argument. Many people have degenerative changes in their shoulders and live perfectly normal lives without pain or functional limitations. Then they get hit by a car, and suddenly they cannot lift their arm, sleep comfortably, or perform the work they were doing before the crash.

Our lawyers look closely at the medical history before the accident. Was the client getting treatment for shoulder pain? Was there a prior MRI? Did the client have difficulty lifting, reaching overhead, or working before the collision?

We also want to know what happened immediately after the accident. Did the client complain of shoulder pain at the emergency room? When did the weakness begin? What did the first orthopedic examination show? Does the MRI reveal findings that support an acute injury, a degenerative tear, or an aggravation of an existing condition?

The MRI can help us in these cases. Radiologists and orthopedic surgeons look for findings such as edema in the muscle or tendon, which can support a recent traumatic injury. Bone bruising and certain tendon configurations can also provide useful clues. Muscle atrophy and fatty infiltration may suggest that the tear has been there longer. Tendon retraction is another important finding, but it can occur with both acute and chronic tears.

These findings are not conclusive. An older person can have degeneration and still suffer a new tear or an aggravation of an existing tear in a car accident. We want orthopedic experts examining the actual MRI images, not just accepting the insurance company’s interpretation of the radiology report.

The insurance company may point to an older person’s MRI and announce that the injury is degenerative. But that is not the end of the conversation. Maryland law allows compensation for the aggravation of a preexisting condition caused by someone’s negligence.

We have handled many injury cases where the defense focused on the client’s age and medical history. A good lawyer needs to explain what the client’s life looked like before the accident and how it changed afterward.

Rotator Cuff Settlement Amounts and Jury Payouts

Calculating settlement amounts for rotator cuff injuries is complex and influenced by several key factors. But one of the most critical in some cases is the availability of adequate insurance coverage. Without sufficient funds, whether from the defendant’s insurance policy or the victim’s own uninsured/underinsured motorist coverage, securing fair compensation can be difficult.

Insurance limits often set the practical ceiling on what the victim can recover from the available policies. So even a strong lawsuit may not yield a high settlement if there simply is not enough insurance or other collectible assets to cover the full value of the claim.

Beyond insurance coverage, the severity of the injury plays a central role in determining settlement payouts in rotator cuff lawsuits. Cases involving rotator cuff tears that require surgery, rehabilitation, and extended recovery periods generally lead to higher settlements due to the increased medical expenses, lost wages, and pain and suffering. Other contributing factors include the age and health of the victim, the impact on their ability to work or engage in daily activities, and the presence of permanent limitations or disability.

Example Rotator Cuff Settlements and Verdicts

Here are sample settlements and verdicts in these cases nationwide. Many of these settlements and verdicts were handled by the personal injury lawyers at our Maryland-based firm, Miller & Zois.

Keep in mind these are civil tort lawsuits. Workers’ compensation claims are governed by a different system, with different benefits and rules for valuing injuries. A worker injured by someone other than the employer may also have a third-party negligence claim.

This is not a scientific sampling, so you cannot pull an average of these compensation amounts and achieve a meaningful statistic. It may not reflect the value of your case, even if the facts are similar. But the results and payouts are interesting. We hope they give you some idea of how other similar claims have been valued and narrow the expected settlement ranges in your case.

Miller & Zois Rotator Cuff Settlement and Verdict Examples

• Maryland, $40,000 Settlement: Our client suffered a minor rotator cuff injury. The injury thankfully resolved very quickly without surgery or significant physical therapy.
• Maryland, $175,000 Settlement: Our client was hit when a truck made an unsafe right turn. He had a few injuries, most notably a rotator cuff injury. Insurance companies undervalue rotator cuff cases. This claim was no exception. The insurance company offered $20,000 presuit, arguing the client received little medical attention (which was true). This was a non-starter. 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, our client decided to settle the case.
• Maryland, $250,000 Settlement: A Miller & Zois client was traveling on Route 97 North in Anne Arundel County in the far left lane. She stopped her vehicle and was rear-ended. She had surgery to repair her shoulder and had a quality recovery. GEICO offered its $50,000 limits, and Erie paid $200,000 in uninsured motorist coverage.
• Maryland, $340,000 Verdict: The victim suffered a rotator cuff injury in a classic left-turn case. Like most shoulder injury cases, this man also had other serious injuries as well, including a disc injury. Defendant made no offer to resolve the case before trial. Miller & Zois handled this case.
• Maryland, $50,000 Settlement: Plaintiff was traveling on Washington Boulevard on a motorcycle in Baltimore City. Defendant took a left turn in front of him. He was diagnosed with a torn rotator cuff and had two surgeries. Plaintiff, an engineer (and a great guy), would have had a much larger recovery. But, as in many of these motorcycle cases, he had no uninsured motorist coverage and the defendant had no assets and a $50,000 liability policy.
• Maryland, $70,000 Settlement: Our client had a surgical repair, but, thankfully, she was young and made a full recovery without remaining symptoms. This was fortunate for her, but it did have a bit of a chilling effect on her settlement offer.
• $150,000 Settlement (Delaware): This is a Delaware case our personal injury law firm handled with counsel there. Long story about why we filed in Delaware. She received an insignificant offer, partly because she received a lot of physical therapy for her shoulder injury but did not get surgery. We filed suit and the case settled shortly after that. She had just under $25,000 in medical bills.

Recent National Rotator Cuff Settlements and Verdicts

• New Jersey, $62,932 Verdict: The plaintiff was a passenger in a van when the host driver recklessly turned right from the middle lane at a high speed, causing a collision with another vehicle. The plaintiff claimed to suffer a left rotator cuff tear, tears to the left supraspinatus and subscapularis, cervical radiculopathy, and cervical and lumbar disc herniations.
• Alabama, $1,954,024 Verdict: The plaintiff was delivering goods to the defendant Dollar General store when a loading ramp provided by the store gave way underneath him, causing him to fall and suffer a torn rotator cuff, a broken toe, and other injuries.
• Washington, $54,419 Verdict: A 66-year-old woman collided with the defendant’s vehicle when the defendant made a negligent left-hand turn in front of oncoming traffic. She suffered a right rotator cuff strain and soft tissue neck and back injuries.
• Tennessee, $238,000 Verdict: Two passengers, a paraplegic man and his female caregiver, were in a transport van that T-boned another vehicle. The man suffered minor soft-tissue injuries. He underwent minor medical treatments. The woman suffered a rotator cuff tear. She underwent shoulder surgery about one year later. The non-fault driver suffered soft-tissue injuries, including the aggravation of a preexisting one. The three plaintiffs alleged negligence against the transport van driver. They claimed she ran a stop sign and failed to yield the right-of-way. The jury awarded $238,000.
• Virginia, $200,000 Settlement: The defendant driving a Ford F-350 rear-ended the plaintiff at a red light. An MRI showed a degenerative tear requiring surgery. The plaintiff incurred $100,000 in medical bills, a lot in a rotator cuff injury case. The plaintiff argued that he was asymptomatic before the crash. Erie Insurance argued that the injury was degenerative and not from the truck accident but agreed to settle for $200,000.
• Mississippi, $639,000 Verdict: A 70-year-old woman was struck by an 18-wheeler. She suffered a torn rotator cuff and a disc injury. The woman underwent steroid injections and physical therapy. She would need future fusion and shoulder repair procedures. The woman alleged that the truck driver’s negligence caused her injuries. The defense contested this allegation. A jury ruled in the woman’s favor and awarded $639,000.
• Louisiana, $11,929,722 Multi-Injury Verdict: A 58-year-old cyclist with an intellectual disability was struck by a distracted driver. He suffered a traumatic brain injury, post-concussion syndrome, a torn rotator cuff, a shoulder dislocation, hip and fibula fractures, a T5-9 fracture, rib fractures, and a deep head laceration. The man experienced depression, memory loss, headaches, and diminished language capacity. He could no longer work and required ongoing care. The man’s mother alleged that the at-fault driver’s inattentiveness caused permanent injuries. The defense admitted liability but disputed the traumatic brain injury claim. A jury ruled in the man’s favor and awarded $11,929,722. This award involved multiple catastrophic injuries, particularly the brain injury. It should not be viewed as the settlement value of an isolated rotator cuff tear.
• Missouri, $55,000 Settlement: A woman was sideswiped. She suffered a partially torn right rotator cuff. The woman also suffered soft-tissue neck and back injuries. Her physician recommended future shoulder surgery. The woman alleged that the at-fault driver’s negligence caused her injuries. She received a $55,000 settlement.
• Pennsylvania, $25,000 Bench Verdict: A woman was T-boned. She suffered a torn rotator cuff, cervical protrusions and bulging, and segmental dysfunction throughout her spine. The woman alleged that the at-fault driver’s negligence caused these injuries. She claimed he ran a red light and was speeding excessively. Following a bench trial, the woman received $25,000.

See More Rotator Cuff Settlements and Jury Verdicts

• Pennsylvania, $85,000 Verdict: A man tripped and fell over a curb near a casino entrance. He suffered a left rotator cuff tear and disc herniations and bulging. The man alleged that the casino’s failure to maintain safe premises caused his injuries. The casino denied liability by arguing comparative negligence. A jury found the casino 60 percent liable and the man 40 percent liable. They awarded $85,000. Pennsylvania applies comparative negligence rules. Maryland law is different: contributory negligence generally bars recovery if the plaintiff’s own negligence helped cause the accident.
• New Jersey, $100,000 Verdict: A 79-year-old passenger was rear-ended by an underinsured driver. She suffered a right rotator cuff tear and a C4-5 herniation. The woman underwent radiofrequency ablation. She alleged that the at-fault driver’s negligence caused her injuries. The woman made a UIM claim against Liberty Mutual. She received a $100,000 verdict.
• Maryland, $86,633 Verdict: A 78-year-old pedestrian was struck at a Baltimore intersection. She tore her left rotator cuff and biceps tendon. The woman also had her preexisting back condition aggravated. She underwent physical therapy and painkilling injections. The woman also took pain medications. Her physicians testified that she had reached her maximum medical improvement. The woman alleged that the driver’s failure to yield to a pedestrian caused her permanent injuries. A Baltimore City jury awarded $86,633.
• Connecticut, $41,612 Verdict: A 25-year-old student was a passenger in a car accident caused by the defendant when he ran a stop sign and struck her vehicle on the front right side. Plaintiff suffered a left rotator cuff tear resulting in 3% permanent partial disability. Liability was admitted. The battle was over how much money to award. After a bench trial, the plaintiff was awarded $41,612 for her injuries.
• New Jersey, $100,000 Settlement: A 56-year-old plaintiff driver claimed that the defendant carelessly crossed over the center line, causing a head-on collision. As a result of the accident, the plaintiff suffered a torn left rotator cuff that required arthroscopic surgery to repair. He also suffered a broken left ankle and claimed to have a herniated disc. The case settled for policy limits of $100,000.
• Florida, $181,337 Verdict: The defendant rear-ended the plaintiff on a two-lane road in Escambia County, Florida. The plaintiff was subsequently diagnosed with a tear of the right rotator cuff, which he claimed was the result of the car accident with the defendant. Like most of these cases, liability was admitted. The trial was solely about damages. There was no dispute that the plaintiff’s rotator cuff was torn. But the defendant’s personal injury lawyer claimed that the force of the accident was not enough to have caused the injury. The jury was not persuaded. It awarded the plaintiff $181,337 in damages, including $81,000 for past medical expenses. The interesting thing about the case is the jury apparently reached this verdict despite its finding that his injuries were not permanent.
• Michigan, $65,000 Verdict: Plaintiff was injured when his car was rear-ended. Plaintiff claimed that he suffered a rotator cuff tear and underwent arthroscopic surgery. Plaintiff hired a rotator cuff injury lawyer who filed suit against the uninsured driver and his uninsured motorist carrier, Auto-Owners Insurance Company. Defendants contended that the accident was the fault of Plaintiff for slamming on his brakes for no reason. Plaintiff denied the contention, and a jury awarded him $65,000.
• Georgia, $56,552 Verdict: Plaintiff, a homemaker, was rear-ended on an interstate exit ramp. She initially claimed lower back pain. Two weeks after the accident, she began to complain of shoulder pain. She was diagnosed with a torn labrum in her right shoulder and underwent surgery. After continued shoulder complaints over the next nine months, she underwent two more procedures on the same shoulder for rotator cuff repairs. She additionally underwent lumbar surgery for aggravation of spinal stenosis. She filed a personal injury claim, seeking over $200,000 in medical costs. Her rotator cuff attorneys asked the jury for $750,000 in economic and noneconomic damages. The defendant, insured with GuideOne, admitted liability but disputed everything beyond the initial shoulder injury. The jury largely accepted the defense position on damages and awarded the plaintiff $56,552.
• Pennsylvania, $47,500 Settlement: Plaintiff, a 64-year-old woman, was lying in bed when, if you can imagine, the defendant’s vehicle crashed into the wall of her house, knocking her out of bed. She struck her shoulder against the wall. The defendant was arrested for DUI. The plaintiff was diagnosed with a rotator cuff tear. Plaintiff underwent surgery. Records showed that the plaintiff previously underwent rotator cuff repair surgery 15 years before the subject collision. The defense contended that Plaintiff suffered from unrelated health issues, including circulatory problems and a knee condition, limiting her mobility, and her rotator cuff injury was chronic rather than acute. The case settled the day before trial for $47,500.
• Florida, $500,000 Verdict: Plaintiff, 34, was working as a landscaper, blowing grass to the shoulder of the road when he was struck by a vehicle. Plaintiff was diagnosed with a rotator cuff tear and aggravation of a preexisting lumbar disc herniation. Plaintiff underwent shoulder surgery and lumbar surgery. The defense maintained that Plaintiff caused the collision by stepping into the path of the oncoming vehicle and that Plaintiff did not sustain a permanent injury. Plaintiff returned to employment, but in a limited capacity with a different employer. He claimed that his accident-related injuries diminished his future earning capacity. The defense emphasized his accident history, which included four prior accidents and a visit to his orthopedic surgeon four days before the accident. The jury found that Plaintiff suffered a permanent injury due to this crash, but found Plaintiff to be 40% comparatively negligent. Plaintiff was awarded $500,000 in damages, which was reduced to a net of $300,000. In Maryland, that finding of contributory negligence would generally bar recovery rather than merely reduce the verdict.

Rotator Cuff Injury Settlement FAQs

Getting an Experienced Maryland Rotator Cuff Injury Lawyer

Our Maryland personal injury lawyers are experienced in handling rotator cuff injury cases. If you have suffered a severe injury in a motor vehicle collision in Maryland, Pennsylvania, or Washington, D.C., call us at 800-553-8082 or get a free online consultation.

(If you are outside of Maryland, Pennsylvania, and D.C., contact us online and ask for a recommendation for a personal injury attorney in your jurisdiction. We do not have a lawyer to refer to in every jurisdiction. But we do in most states.)