You were involved in a motor vehicle accident where you suffered a torn rotator cuff and a bicep tear. You are in pain and may need shoulder surgery.
Is there an average settlement amount in these types of cases?
It is difficult to provide an exact average settlement value for rotator cuff and bicep injury cases. This is because settlement values will usually vary depending on:
- the severity of your injuries,
- whether you will need surgery,
- your age,
- past injuries, and
- the evidence in your case.
Note that the rotator cuff is made up of the following muscles:
- subscapularis, and
- teres minor.1
The main function of your rotator cuff is to help stabilize your shoulder joint and aid in the movement of your upper arm.
1. Will injury severity impact your shoulder and bicep tendon injury settlement?
Most often, yes. Injury victims with more severe injuries will usually receive larger injury settlements.
There are two main reasons for this. More severe injuries often include:
Settlement values will usually go up to help compensate you for both of these.
Note that severe shoulder and bicep injury cases are often associated with:
- rotator cuff tears,
- labral tears,
- shoulder impingement,
- torn ligaments,
- extensive physical therapy,
- corticosteroid injections,
- shoulder replacement, and
- permanent damage.
2. Do settlement values vary depending on the need for surgery?
Usually, yes. There are times when medical treatment for a shoulder injury or bicep tear will require surgery.2
Cases involving surgery often settle for more in comparison to cases that do not involve a surgical procedure.
Again, this is because surgery cases usually involve higher medical expenses, greater recovery times, and more intense levels of shoulder pain. Payouts increase to make sure you are compensated for this.
Note that if you believe your personal injury case will require surgery, your personal injury lawyer or law firm should delay in filing a lawsuit until you fully recover. The same holds true for sending a demand letter to any insurance company.
The reason for the delay is that you will not know the full extent of your damages until you completely recover from your injuries.
3. Does age have an impact on settlement amounts?
It can, yes. With many shoulder and bicep injury cases, the injury victim can receive compensation for the “loss of enjoyment of life.”
This is a type of non-economic damage like pain and suffering.
Younger and more active victims usually receive more money for loss of enjoyment of life than older victims.
This is generally true because you lose out on more aspects of life when at a young age.
In particular, loss of enjoyment of life helps compensate victims for diminished ability to engage in:
- work opportunities,
- family bonding activities, and
- social encounters with friends.
4. How do pre-existing injuries impact an injury settlement?
There are many times in these types of cases where injury victims have previously injured their bicep or shoulder.
These prior injuries are often referred to as “pre-existing injuries.”
Unfortunately, pre-existing injuries can result in lower settlement amounts.
For example, when negotiating an injury claim, an insurance adjuster or opposing personal injury attorney may offer a lower settlement amount because your “accident injuries” are really related to injuries that you suffered in the past.
Example: Joe was involved in a car accident and injured his shoulder socket. He has loss of range of motion in his shoulder as a result.
Joe injured the same shoulder in a work-related accident two years ago. The injury required rotator cuff repair.
In negotiating an injury claim, the insurance adjuster learns of the prior accident and then reduces the value of the injury claim. This is because the adjuster believes that much of the pain and discomfort associated with the car accident injury is really due to the accident at work.
5. Does your evidence have an impact on settlement value?
Most often, yes. The value of your claim will usually increase when you have a substantial amount of concrete evidence to support your case.
As the amount of reliable evidence grows, it is generally easier to prove:
- that another person or entity was at fault for your accident and injuries, and
- the full extent of your damages.
Helpful evidence in shoulder and bicep injury cases includes photos of:
- the accident scene, and
- your injuries.
Note that an injury lawyer can definitely help you in gathering evidence. If necessary, an attorney can also help by retaining an expert to analyze or interpret any evidence.
- See healthline.com, “Rotator Cuff Anatomy Explained.”
- Note that surgery is usually more common in shoulder injury cases and rotator cuff injury cases as opposed to bicep injury cases. Rotator cuff surgery is usually needed to help restore the function and flexibility of the shoulder. Surgical techniques may include arthroscopy (or arthroscopic surgery), open surgery, or a combination of both. See hopkinsmedicine.org, “Rotator Cuff Repair.”