Someone’s negligence may cause your shoulder injury and pain in an accident. If so, you may have a case.
Here is a video where I talk about shoulder injury settlements.
The shoulder consists of many joints, tendons and muscles that let the arm move around.
Even Without An Accident, You May Have Shoulder Problems
Even without an injury to your shoulder, moving your shoulder can cause problems with instability or impingement of the bony parts or soft tissue in the shoulder.
The fact that these problems may happen just from moving, and without an accident, can lead to a decrease in full value of a shoulder injury case. The insurance company may argue that your shoulder instability or impingement was not caused from the accident.
I’m going to quickly talk about the shoulder. Then, I’ll discuss shoulder injury settlements and claims.
Anatomy of the Shoulder
The shoulder is made up of three bones:
- Scapula (shoulder blade)
- Clavicle (collarbone)
- Humerus (upper arm bone)
Guest Gets $197,500 for Humerus Fracture and Shoulder Surgery from Slip and Fall
A hotel guest got $197,500 for a fractured humerus, surgery to fix it, and a arthroscopic shoulder surgery. She slipped and fell in a bathtub.
She claimed that the fall also worsened her pre-existing shoulder injury. The hotel’s insurer said it was questionable whether the shoulder surgery was related to the fall.
Glenoid, and Rotator Cuff
The head (top) of your upper arm bone goes into a round socket in the shoulder blade. The socket is known as the glenoid.
Several tendons and muscles in your allow your arm bone to be centered in the shoulder socket. The tissues are known as the rotator cuff.
These tissues blanket the head of your humerus and join it to the shoulder blade.
$210K Settlement for Shoulder Surgery (Rotator Cuff) from Truck Accident
Here is a video of some highlights of this settlement:
A truck driver was rear ended by another truck. The other truck is below.
The injured trucker claimed that the crash caused or aggravated his shoulder labrum tear.
His doctor performed surgery to fix his labrum tear. He also claimed that the crash caused or aggravated his 3 herniated discs.
Travelers insured the careless truck driver. They paid $200,000 to settle my client’s personal injury claim.
My client had $10,000 in underinsured motorist insurance (UIM) coverage with Progressive on his personal car. When the crash happened, he was driving an 18 wheeler owned by his employer.
After initially refusing, Progressive paid me the $10,000 UIM insurance limits. I settled the entire personal injury case for $210,000.
$130K Settlement for a Shoulder Injury from a Car Accident (North Florida)
Here is a short video about this settlement:
I settled this rotator cuff tear surgery case for $130,000. A car crashed into a car within which my client was a passenger.
Below is a photo of the car that my client was in.
Below is a diagram of the accident as drawn by the investigating police officer. Our client was a passenger in Vehicle 2 (as seen in the diagram below).
She had shoulder surgery following a car accident in Bonifay, North Florida. My client lived outside of Florida.
The shoulder surgery was unsuccessful so she later underwent a manipulation under anesthesia (MUA).
She was a nurse practitioner. The adjuster argued that my client’s tear was degenerative and caused by her job.
Her job involved lifting patients to and from a bed or chair. I argued that the crash’s heavy impact caused the acute tear.
Nationwide Insurance Company was the uninsured motorist (UM) liability insurer for the host vehicle.
My client also had an auto insurance policy with Nationwide. She had $300,000 in UM liability coverage on that policy.
Nationwide paid $138,433 to settle the case. $8,433 of the settlement was from Medpay Coverage.
Causes of Shoulder Pain
The majority of shoulder problems consist of:
- Fracture (broken bone)
- Arthritis
- Instability
- Tendon Inflammation (tendinitis or bursitis) or tear of a tendon
Bursitis
Occasionally, too much use of the shoulder leads to inflammation and swelling of the bursa between the rotator cuff and the area of the shoulder blade that is called the acromion.
Here is a closeup of the acromion.
This swelling is called subacrominal bursitis.
If you have bursitis, liable party’s insurance company may argue that your bursitis was due to excessive use of your shoulder, and not the accident.
Bursitis can usually happen at the time as rotator cuff tendinitis.
Tendinitis
If you have tendinitis, the insurance company may argue that it was caused by a breaking down of the tendon that happened slowly through time. The insurance company may argue that the tendinitis wasn’t caused by the accident.
The insurance company may argue that your tendinitis:
- Was caused by excessive overhead tasks at work or sport
- a degenerative disease including recurring wear and tear or arthritis caused by your age, that lead to chronic tendinitis.
Tendon Tears Can Be Accident Related or Not
Splitting of your tendons may come from an acute (sudden) injury such as a car accident or fall.
However, tendon tears can also come from degenerative changes due to your aging, wear and tear or overuse over a long period.
Since a tendon tear doesn’t always come from an acute injury like an accident, it can make these cases tougher to prove.
Hopefully, your doctor says that your accident caused your tendon tear.
The insurance company may hire a doctor who will likely say that the accident didn’t cause the tear. Their doctor will likely say that the tendon tear was due to your advancing age, long-term overuse and wear and tear.
Tears can be partial or full, where the tendon is split into 2 parts. In most complete tears, the tendon is ripped away from its joining to the bone.
Full Tears Have a Higher Full Settlement Value
All things equal, full tears are worth more than partial tears. Rotator cuff injuries and biceps tendon injuries are some of the most typical of these injuries.
Instability
Shoulder instability happens if the head of the humerus if pushed out of the shoulder socket. It can happen from sudden injury or overuse.
Hopefully your doctor says that your shoulder instability was caused by a sudden injury. The insurance company’s orthopedic doctor will likely say that overuse, and not the accident, is the cause of your shoulder instability.
Fracture
Learn about shoulder fracture (broken bone) cases.
Pain and Suffering Damages in a Shoulder Case
As it becomes painful and more difficult to engage in your activities of daily living, the full value of the pain and suffering component increases in a Florida personal injury case.
Tip: Let the doctor know any activities that you can no longer do, or have difficulty doing, because of your shoulder injury. The doctor’s records are a big part of your case.
Average Settlement Value of Shoulder Injury Depends on Type of Injury
As you’ve seen, there are many different types of shoulder injuries. Each injury has a different value for the pain and suffering component of the case.
Thus, it’s difficult to say how much a “shoulder injury” is worth without knowing the specific facts of the case.
Other Factors Affecting Shoulder Injury cases
- Amount of property damage (particularly true in auto accidents) to the vehicles involved.
- How soon you complained of shoulder pain to a doctor after the accident.
Scooter Rider Gets $52,000 for Shoulder Pain and other injuries
A man driving a pickup truck hit a man riding a scooter. The scooter rider had pain in his shoulder, lower back, neck, knee and eye.
The crash happened in North Miami Beach, Florida. Crawford & Company handled the claim for the company that owned the pickup truck.
Broadspire is Crawford’s global Third-Party Administration (TPA) division.
I represented the scooter rider. We settled for $52,000. My client’s eye injury was his worst injury.
Lady Gets $30,000 Settlement for Shoulder Pain and Other Injuries
Check out my $30,000 settlement after a driver was rear ended in Orlando, Florida. She claimed that the accident caused shoulder pain and other injuries.
Her shoulder pain wasn’t her biggest injury though. USAA insured the at fault driver. 
USAA paid $30,000 to settle the case.
Passenger Gets $25,000 for Shoulder Labrum Tear and Other Injuries
See a case where a passenger got $25,000 after a car rear ended him in Key Largo. He claimed a herniated disc, shoulder labrum tear, finger and knee Injury.
Driver Settles Claim for $21,000 for Shoulder Pain and Soft Tissue Injuries
GEICO paid $21,000 to a driver who was hit from behind. 6 days after the accident, he went to a doctor and complained of pain in both shoulders.
20 days later, a nurse practitioner examined him and said that pain was extending into his left shoulder.
He also claimed that the accident caused or aggravated other soft tissue injuries. The crash happened in Coconut Grove, Miami-Dade County, Florida.
$20K Settlement for Shoulder Pain Rollover Truck Accident (Homestead, Florida)
See a case where a driver got $20,000 after a truck hit him. The accident happened in Homestead, Florida.
He claimed that the accident caused soft tissue injuries to his shoulder and neck, and a concussion. He also claimed that he lost sensation in his fingertip.
$10K Settlement for Shoulder Fracture (Car Hit Pedestrian in Miami)
A pedestrian was walking in a crosswalk in Little Havana, Miami-Dade County, Florida. A driver of a car hit the pedestrian.
An ambulance took her from the accident scene to the hospital. She was diagnosed with a fracture of the shoulder and thumb.
She hired me shortly after the accident. Here is a photo of her (in my office) with a sling for her shoulder injury.
As you can see from the photo, she has bruising on her left arm. Accident victims should take photos of any bruising of their arm. The victim can use this if the insurance company tries to argue that the claimant had the injury before the accident.
Specifically, her shoulder fracture was an impacted comminuted fracture of the humeral neck. There was displacement of the greater tuberosity.
Her finger fractures were nondisplaced transverse fractures of the proximal metaphysis of the proximal and distal phalanges of the thumb.
Who paid the pedestrian’s medical bills?
The pedestrian didn’t own a car. She didn’t live a relative who owned a car. Thus, she was able to get $10,000 in personal injury protection (PIP) insurance benefits from the insurance company of the driver who hit her.
United Auto Insurance Company insured the car that hit her. Therefore, they paid $10,000 directly to her medical providers for her medical bills. This left her owing very little in medical bills.
Additionally, United Auto Insurance Company insured the at fault driver with a $10,000 BIL insurance policy. United Auto paid us the $10,000 BIL limits to settle her personal injury claim.
The settlement check is below:
She was very happy with her portion of the settlement. After my attorney’s fees, she received almost the entire settlement. Here is a picture of her and Attorney Justin Ziegler after we gave her the settlement check:
Unfortunately, the driver wasn’t driving for Uber or Lyft that would have given him more insurance coverage. Our client didn’t own a car or live with relatives. Thus, she wasn’t entitled to uninsured motorist insurance.
Shopper Wins $1.5 Million for Pain and Suffering for Shoulder Surgery
Jessie Bellaiche slipped and fell at a Publix Supermarket in August 2010. She suffered multiple-bone fracture of her left shoulder, including the complete dislocation and severing of the humeral head, as well as the detachment of her rotator cuff.
Jessie, a 70-year old woman, underwent major surgery to implant an artificial shoulder joint. The result of the surgery was poor. She was left with only limited movement of her arm which could only be fixed with a second major surgery.
Bellaiche refused to undergo a second surgery. Her attorney offered to settle with Publix for $126,000.00. Publix didn’t accept the offer.
On November 20, 2015, a jury returned a verdict for Bellaiche and awarded her over $1.5 million in damages.
Want to know the best part?
The jury didn’t put any fault on the shopper for her fall.
The breakdown was:
- past medical bills leading up to trial ($60,356.22)
- pain and suffering from the date of her accident to the end of trial ($500,000), and
- future pain and suffering ($1,000,000)
Bellaiche’s future life expectancy at the time was 12.9 years.
The bad news for the injured shopper?
On March 18, 2018, Miami-Dade County’s appeals court said that Publix wasn’t aware that there was water on the floor before the shopper’s fall. Without notice, they said Publix should have been entitled to have the case dismissed before a jury verdict.
Thus, the appeals court ruled in favor of Publix. The shopper gets no compensation. The case is Jessie Bellaiche v. Publix (3rd DCA Florida 2018).
You May Be Still Be Able To Settle Shoulder Injury Cases That Have Issues
I’ve been able to settle shoulder injury claims even though the case had some “issues.”
The bottom line is that every case is different. Even though you may have several things that work against you in a case, your case still may be worth a lot of money.
Using an Online Settlement Calculator to Calculate the Value of a Shoulder Injury Case
I strongly suggest that the injured person does not value his or her case based on an online settlement calculator.
There are many reasons why settlement calculators may not work for Florida injury cases. This is true whether you are looking at my Florida injury settlement calculator or one that someone else made.
Can You Get Pain and Suffering Damages in a Florida Car or Truck Crash?
Someone’s carelessness may cause your shoulder injury in a Florida car or truck accident. But you do not automatically get money for pain and suffering.
Many Florida car or truck crash cases require that the injured person meet the tort threshold in order to get even one penny for pain and suffering.
A threshold injury usually consists of a permanent injury. This is true in shoulder tear cases. In the case of shoulder surgery, significant and permanent scarring may satisfy the tort threshold.
Not every Florida vehicular accident case requires that you meet the tort threshold, so you must understand the law. Do not expect the adjuster to explain the law to you.
Take a look at past Florida personal injury verdicts. You will see that some injuries have a history of meeting the tort threshold. Other injuries do not.
If you have a shoulder tear, you have a higher chance of meeting the tort threshold than shoulder pain alone.
If you have shoulder surgery, then you have an even higher chance of meeting the tort threshold than a shoulder tear without surgery.
Should you hire a lawyer if someone’s carelessness caused your shoulder injury in Florida?
A good way to know whether to hire a Florida attorney is to see if you know the purpose behind every question on this detailed twenty-one page personal injury questionnaire.
There are over 11 reasons to hire a Florida accident lawyer if someone’s carelessness caused your shoulder injury.
Did a driver’s carelessness cause your shoulder injury in an accident in Florida? Did you suffer another injury or another type of accident?
See Our Settlements
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Editor’s Note: This post was originally published in April 2013 and has been completely revamped and updated.
i have not had any surgery for the torn rotator cuff. should i settle now or wait until they ok surgery?
Dear Person Who Hasn’t had Surgery on Rotator Cuff,
It is tough for me to answer this question without knowing whether you were in a work-related accident/incident, or whether this is a personal injury claim against a person or business other than your employer. My answer only applies if your injury occurred in Florida, which is where I am licensed to practice law.
I almost always recommend that my client’s wait to settle their personal injury cases until they have finished all of their medical treatment. This is because the insurance company may not include the cost and pain and suffering associated with your surgery until you have surgery on your rotator cuff.
Many people get recommendations for surgery but never go through with having surgery. Thus, many times an insurance company doesn’t factor in the future cost of surgery when paying a claim unless you have already had the surgery. But it depends, in part, upon the limits of liability coverage available.
Perhaps there is a limited amount of liability insurance available to pay your claim. I have settled cases for my client’s before they had surgery. But it depends on the facts of the specific case and I know too little about your case to give an educated answer.
You should always hire an injury attorney who can help you look for all the available liability insurance that could pay your claim. Do not expect the liability claims adjuster to voluntarily tell you how to get or find extra insurance available. Most of the time they will not go the extra mile for you. They want the claim closed and want to move on to the next claim.
This is why I always recommend that people hire an attorney to handle their personal injury case, especially when they have injuries as serious as a rotator cuff tear requiring surgery. My answer to your question would depend, in part, on the limits of all the liability insurance that is availability, or if you are dealing with a corporate defendant (then the collectibility of the defendant.)
What type of accident/incident were you in? What caused your injury? What city and state did it happen in? How did the accident or incident?
I have many other questions to ask but this is just a starting point.
I would like see if this is something that I can handle for you. Please call me at (888) 594-3577 twenty for hours a day, 7 days a week. There are no fees or costs unless I recover money for you! The consultation is free.
There is a 4 year time limit to sue for injuries based on negligence. There is also a time limit to file a workman’s compensation claim.
I am not your attorney. This is not legal advice.
I have both rotator cuff my company offer my 75000.00 and will put me on long term I been working for them 34 year I wored offshore over sea so i be i long shored man act. I can retier but they say it be better to go on long term, I still be added year to y retement. I am 58 years old can’t get my 401 k unstill 59 1/2
George
Hi Anonymous #2,
Did you injure both of your rotator cuffs? Did you have surgery on your rotator cuff (shoulder)? How did the accident or incident happen? I assume that you are stating that your company offered you $75,000. Did they offer to give you a check for this amount?
I also assume that you mean that the company will put you on long term disability. When you say you worked overseas, where exactly did you work?
You didn’t ask a question, but I assume that you were going to ask whether you should retire now or whether you should make a claim under long term disability. Please clarify so that I can give my thoughts.
You are welcome to call me at (888) 594-3577 24 hours a day, 7 days a week to get a free consultation. There are no fees or costs unless I get you money.
Disclaimer: Please remember that there is a TIME LIMITS ON FILING A LAWSUIT (STATUTES OF LIMITATIONS). I am not your attorney at this time.
I had surgery to repair a torn rotator cuff/labrum and I had 6 anchors inserted to repair my shoulder. I’m only 4 months removed from surgery and this is a work related injury from being physically attacked by a youth at a facility. What is a valid offer from the insurance company in this case. I still have a long way to recovery from this accident.
Anonymous 3,
Thank you very much for your question. I am sorry to hear that you were assaulted and had surgery to repair a torn rotator cuff/labrum. I am only licensed in Florida, so I will assume that the facility that you were attacked in was in Florida. I have many questions:
1) Was the youth that attacked you also an employee of the facility?
Normally in Florida, if a co-worker injures you, then your only claim may be against your employer. However, there are limited exceptions as to when you can make a claim against both your employer, a coworker and a third party such as a security company who was negligent. But in this case because you were attacked (intentional act), I think you are also allowed to sue the coworker (assuming the youth was an employee of the facility) in tort (personal injury).
2) Was your surgery arthroscopic (a few holes in your arm) or open surgery (where you will have a long scar)?
Open surgeries are generally worth more than arthroscopic surgeries. This is because they are usually more invasive and leave a scar.
3) If the youth was not an employee, do his parents have homeowner’s insurance or do they have money to satisfy a judgment if you were to win at trial?
In Florida, sometimes homeowners insurance will not cover intentional acts or intentional harm. In Florida, a child who lives with his parents may be covered under his parents’ homeowners insurance policy.
4) Did you have any problems with your rotator cuff/labrum before you were attacked?
Does the doctor say that when he operated on you he actually saw the tear? Sometimes an MRI will show a tear but when the doctor operates he cannot see a tear. If the doctor does see a tear, then your case is worth more than if he did not see a tear. Workers compensation doctors are known for being “conservative,” and sometimes not relating an injury to the incident or accident. The workers comp doctor knows that he or she is being paid by the workers comp insurer, and he or she wants future business so if there is a diagnosis in the “gray”, he or she will usually say that you should return to work.
5) What was the date of the incident and within what city and state?
As you may know, you have a time limit to make a claim in a personal injury or workers compensation case in Florida.
6) What city and state do you reside in?
7) Was an incident report filed when you were attacked?
8) Finished treatment.
Like you mentioned, it has only been 4 weeks since your surgery, which is a relatively short period of time. In most workers compensation and personal injury cases, you should wait until after you are finished getting your medical treatment to settle your case. There are exceptions to this rule, but it is a general rule of thumb. This is because you don’t know the full extent of your injuries until a doctor states that you are as good as you are going to get.
9) As I mentioned in my article, the full value for settlement purposes for pain and suffering of a rotator cuff/labrum injury is between $100,000 to $175,000. But this amount is for a case against someone other than your employer. This amount doesn’t apply to a settlement with a worker’s employer in many cases, because in Florida a worker that is injured on the job cannot get money for pain and suffering. However, in some situations you may be able to make a negligence claim for injuries or death against your employer.
In a case against a youth who attacked you, you may have to reduce the value of the case for things such as whether you provoked the attack and other factors.
I am only licensed to represent people who are injured in Florida or on a cruise ship. In some situations, I can represent a Floridian (Florida resident) that is injured in another state. Call me at 888-594-3577 to get a free consultation.
No Legal Advice: The above information is general information and is not legal advice. I am not your attorney until you hire me. There is a time limit to file a lawsuit.
I was injured at work, in Florida, in March 2013. I injured my neck, shoulder and lower back. The diagnosis, from my doctor was / is, the accident did damage to the vertebra in my neck, although arthritis and previous damage did exist before the accident of March 2013.
The accident in March 2013 did damage to my shoulder, rotor cuff, ligiment tears. The doctor now wishes to operate after going through months of PT, medication and a very conservative approach before deciding on surgery.
I have had nerve tests done, diagnosis, no nerve damage. (not so sure)
I have had cortizone shots in both my neck and my shoulder with no respone except spazams increase.
My back problems come and go. No real treatment done.
My doctor works for JOI and I feel has had my best interest in mind since the beginning. He has had to go to bat for me against the adjuster more than once, although the adjuster has for the most part been good. Things have moved along fairly smooth, not like some of the horror stories I have read or been told about by other injured workers.
Chubb is the insurance company handling the WC for my employer.
I have not been back to work since the accident March 2013, per instructions from my employer, because of restrictions by the doctor.
I have been recieving partial wages from the insurance company.
I have NOT hired an attorney yet.
All said,….
What would you recommend should be my next action?
With your experience, what could I reasonably expect as a settlement when the time comes?
Dear Person Whose Workers Compensation Insurer is Chubb,
Thank you for your comment. I am sorry to hear that you were injured at work. I will assume that your accident happened in Florida, which is where I am licensed to practice law. Did the “ligament tears” that you mention exist before your injury at work; or Does your doctor say that the ligament tears were caused by the accident? I assume when you say your doctor works for JOI that you are referring to Jacksonville Orthopaedic Institute.
Though there are no guarantees, I give Chubb an “A” rating as they (along with a few other insurance companies) have been the best for paying claims and fair treatment of their policyholders. Do you know whether Chubb is the actual insurance company providing workers compensation insurance for your claim, or whether Chubb is acting as a TPA (Third Party Administrator) and handling the claim in that capacity for your employer? If the latter, then Chubb has little or no decision-making authority in terms of settlement but hopefully that employer will listen to Chubb’s input.
Although not a workers compensation case, I settled a personal injury case for $64,900 with Chubb Insurance and FIGA where my client had ankle surgery after he tripped and fell in a hole covered with grass overgrowth at an office complex and Chubb paid me fairly which is refreshing. Chubb paid about half of the settlement and FIGA paid approximately the other half. But it required a lawsuit and Chubb denied liability (responsibility) even after I filed a lawsuit.
You have missed a long time for work! I am happy to hear that Chubb (or your employer) has paid you for partial wages. I assume that they are paying you for 66 2/3% of your wages, correct?
Do you want to continue working for your current employer?
I suggest that, at the least, you get a free consult with a workers compensation attorney so that you can better understand your rights. The consultation is free and there is no downside.
Is there any other 3rd party (someone other than your employer) whose negligence cause your injury? If so, I would like to hear more details about that. I represent people who are injured in 3rd party claims. There is a time limit to file a lawsuit for a case based on negligence.
I work on workers compensation cases with another law firm. I am happy to refer you them and we can all speak about your claim. If you want me to refer you, please let me know whether you have a preference as to the law firm’s location. There is a time limit to file a workers comp. claim.
I cannot give you an amount that you can reasonably expect as settlement when the time comes because:
1. You are not finished treating, and therefore do not know the full extent of your injury; and
2. I do not have the answers to the above questions that I have asked.
I have over 10 years of experience working on workers compensation cases, by far most of which is working on these cases with different law firms. Though as I said above, I can handle a 3rd party claim completely by myself. There are no fees or costs unless we recover money. Call me at (888) 594-3577 to get a free consultation now! We accept calls 24 hours a day, 7 days a week, 365 days a year.
In the meantime, feel better!
I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit.
Injured at work during fall caused by lifted sidewalk being uneven.Witnessed by residents at my job.Tried injection and p.t. Had mri tear in the
Rotator cuff(PARTIAL TEAR)TEAR (INFRASP.)bicep reattachedad with screws.also ground away spurs? Had surgery but stil having problem with impingment.W/C Cincinnati In. Has been stellar to this point! .Working 6 to 8 hrs a week as I am unable to do my job(4Months after surgery)Last week had injection for impigment problem!Shouldnt have that been fixed with all the surgery?Is this common?I am hopefull I will be able to return to work as maint.Tech.What if I cant return to my job?I need to waite to settle untill this impingment is addressed satisfactory. What would be responsible for settlment??My employer has been stellar also!Do I really need attorney at this point !
Hi Anonymous #5,
Thank you very much for your comment. I am sorry to hear that you were injured. I will assume that you were injured in Florida, which is where I am licensed to practice law. Thus my reply assumes you were injured in Florida. This is not legal advice. I am not your attorney.
I am glad to hear that the workers compensation insurer, Cincinnati Insurance Company, has been awesome so far. I suggest asking your doctor whether having an impingement problem, and getting an injection for that, is common after the surgery that you had. To better educate yourself, I suggest looking at the “acknowledgement of risks of surgery” form that you may have signed before you had surgery. This may talk about some of the risks of having surgery.
If you are not satisfied with the doctor’s answer, perhaps you should ask the workers compensation insurer, Cincinnati Insurance Company, if they will allow you to see another doctor. You can ask that doctor the same question that I mentioned above, and you mentioned in your comment, above.
I represented a client who had an unsuccessful shoulder surgery. She ultimately needed a MAU (manipulation under anesthesia), which is a manual therapy treatment which is used to improve articular and soft tissue movement using manipulation where the patient is under sedation. The gross (total) settlement was for $147,000 and her case was against a driver who hit the car that she was a passenger in. She did not have a workers compensation case because she was not on the job when it happened. The accident happened in Bonifay, Florida (North Fla.).
I hope that you will be able to return to work. You should speak with a workers compensation attorney (and possibly, personal injury lawyer…I’ll get to that in a moment) if you cannot return to your job. You should also speak to a workers compensation lawyer now to protect your rights. Workers compensation attorneys usually give a free consultation. I work on the workers compensation part of a case with an attorney from a different law firm(s) who gives a free consultation.
I do not understand what you mean when you ask “What would be responsible for my settlement?” Are you asking, “Who is responsible for your settlement?”
I agree that it is generally a good idea to wait to settle a personal injury case until the shoulder impingement is “addressed satisfactorily.” I think that you are referring to the medical term of “maximum medical improvement” (MMI), which occurs when an injured employee or person gets to a state where his or her condition cannot be improved any further or when a treatment plateau in a person’s healing process is reached.
Even though you feel that Cincinnati Ins. has been great so far, I still suggest that you at least get a free consultation with an attorney immediately. An insurance company, whether a workers compensation insurer or liability insurer, can change its stance in a moment’s notice.
Do you want to continue working for your employer?
One, of the many, good reasons to hire an attorney is in case there turns out to be a personal injury case in addition to your workers compensation case. If you have a personal injury case, then there are some questions which should be asked:
I noticed that your question did not seem to be directed at the possible personal injury aspect of your claim. In Florida, a personal injury claim is separate and distinct from a workers compensation case. One of the biggest differences between a workers compensation case and a personal injury case in Florida is that in the latter you can get money for pain and suffering if you can prove negligence. In a personal injury case, you would need to prove that there was something wrong with the sidewalk that caused your injuries.
What was the elevation change of the sidewalk that you described as “lifted and uneven?” (E.g. one-fourth of an inch, one half of an inch, three-fourths of an inch).
Did you take pictures of it?
If so, did you take pictures using measuring tape that shows the exact change in elevation?
You should write down the description of the sidewalk so that you can use it refresh your recollection later on. You should also write down the direction that you were walking because the defendant’s expert may argue that a raised sidewalk, may only be a tripping hazard if you are walking in a certain direction. Your expert may agree with the defendant on this point.
I ask this question because, in Florida, if your employer did not own the sidewalk then you may have a personal injury claim against the entity (business, etc.) who owned the sidewalk. In rare instances, you may still have a personal injury case against your employer even if it owned the sidewalk.
Even if your employer owned the sidewalk, perhaps you may still have a personal injury claim against a property management company, if any, who may have been hired to maintain the sidewalk. There may also be other entities who you are legally responsible for the condition of the sidewalk.
A good start to finding out who owned the property where a fall happened in Florida is the property appraiser’s website for the county where the fall happened. If the fall happened in Miami-Dade County, you can go to the Property Search on the Miami-Dade County Property Appraiser’s website and enter the address where the fall happened.
There is a time limit to file a lawsuit, after which your claim will be barred. The time limit to sue a private business for a case based on negligence is 4 years. Workers compensation cases have their own time frame.
As you can see there are many questions that should be answered. And this is just the tip of the iceberg. I am happy to answer any more questions that you have. You can reply here or call me at (888) 594-3577 to get a free consultation now! There are no fees or costs unless I recover money for you. Call 24 hours a day, 7 days a week.
My wife fell at a Resort in Florida on a wet and slippery mini-golf course. She broke her wrist and tore her rotator cuff. The manager at the hotel filed a report with the resort and we contacted them. They sent a form requesting a release of all medical records from all doctors past and present. This seems a bit extreme. What is the likelihood that the resort owner will compensate us for at least our out-of-pocket expenses (with her shoulder surgery last week we are well into four figures)? Do you think we’ll need an attorney to get any compensation from them?
Dear Man Whose Wife Fell on Mini-Golf Course,
Thank you for your comment. I am sorry to hear that your wife fell and was injured. While you may think the request is extreme, they sent you the release asking for all medical records from all doctors past and present so that they can know:
1) Her entire medical history, both before and after the fall, as well as the prognosis.
2) The amount of medical bills, both what was billed and what is owed.
If she files a lawsuit, they are entitled to most of her medical history. They probably want all past medical records to see if your wife has issues with:
a) Her eyesight.
b) Balance or walking issues.
c) Dizziness.
d) Excessive alcohol or drug consumption.
e) And many other things.
They also want past medical records to determine whether her rotator cuff tear pre-existed the incident. Insurance claims adjusters make similar arguments in herniated disc cases in an effort to pay less money to settle.
I suggest she cross of any language in the release that mentions giving them psychological or mental health records.
If the resort has medical payments coverage, then the chance that the resort owner pays your out-of-pocket medical bills is high. You may need to get an attorney involved in order to get compensation, but it really depends on the claims adjuster involved as well as the insurer and/or owner of the resort. If they are denying liability, then you most likely will need to get an attorney involved.
You should send them a request to preserve surveillance video and audio.
Have you spoken with them on the phone? Did they accept all or some responsibility?
I hope that I answered your question. If you have any more questions, just ask me here and I will generally answer in 12 hours and sometimes – like with your question here – within 30 minutes or less.
There is a time limit to file a lawsuit for injuries caused by negligence. I am not your attorney. This is not legal advice.
I was in a car accident and from that I had to have two surgeries, my shoulder- rotator cuff and knee done. A teenager ran a stop sign and hit the driver side of my car. I have recieved a check for the damages of my car for $2000 and 3 monthly checks of $1500 for not being able to work after surgery. I have also lost my job due to all the time I had to take off for both surgeries. I am ready to settle now but I have no idea what is a fair amount. Could you please give me an idea of what that would be?
Dear Person In car accident who had shoulder and knee surgery,
I am sorry to hear that you were injured. I will assume that this accident happened in Florida because this article applies to Florida law and I am only licensed in Florida. I also want to say that I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit in Florida based on negligence.
I suggest that you read my article about things that can affect the value of a personal injury case. In order to determine a fair about, as a starting point, I would need to know:
Was it a work-related accident? If so, what are you injuries? What was the date of the accident and in what city and state? Where do you live?
Also:
1. Who received a ticket?
2. Did the other driver admit fault?
3. Did you take an ambulance to the hospital?
4. How long after the accident did you first get medical treatment, and was it with at the hospital or with a doctor?
As you can see, there are so many questions that need to be answered. This is one of the reasons that I recommend an attorney, especially where you have suffered big injuries like in your case.
Please feel free to answer these questions and ask me anymore here and if the accident happened in Florida please call me anytime at 888-594-3577 or Get a Free Consultation.
I am a police officer and injured my AC joint in a fight with a drunken driver with no insurance. All paper work was done for work men’s comp. it was determined by two dr that I need surgery to repair A.C joint this occurred in October 2013 as of today I am still waiting for approval from wkmens comp. for surgery. I have been paid since injure so no loss in wages. But it has been a long time waiting for surgery and am still in pain. I believe wkmens comp tried to say it was pre-existing but has since been proven wrong. I am wondering what typ of settlement might I be receiving if any and should I retain a attorney?
Hello Police Officer with injured AC joint (in the shoulder) who needs surgery,
I am sorry to hear that you injured your AC joint in a fight with a drunk driver who was uninsured. I am only licensed to practice law in Florida, so my response only applies if your injury occurred in Florida. I will not become your attorney by giving you a response. Can you be more specific about how and where the fight happened? (E.g. Was the driver inside his vehicle when he fought you? Were you both outside the car? If so, how many feet from the car were you?).
I definitely suggest you hire an attorney ASAP.
How old are you? In almost every shoulder injury case that I have, the MRI states that there is degenerative disease. Basically, the MRI states that the shoulder injury had occurred over time. I argue that my client had no symptoms before the accident and that the accident aggravated the pre-existing injury.
I have still been able to get gross personal injury settlements in the amounts of $210,000, $138,433, $65,000 and $57,000 for shoulder injuries with degenerative issues. These settlement amounts were before attorney’s fees, costs and medical bills were paid. Now, these are personal injury settlements and not workers compensation settlements.
A big issue is whether there were major complaints of pain and/or treat on the shoulder before the injury.
Perhaps you may be also able to make a claim under the uninsured motorist coverage under an auto insurance policy. Does the vehicle that you were driving have uninsured motorist coverage which could provide benefits?
In Florida, your personal injury protection (PIP) coverage under your auto insurance policy may pay your medical providers up to $10,000 for your medical treatment. If you have not already done so, you should report the claim to your auto insurance company – or any auto insurance policies that may provide coverage – immediately.
Perhaps the drunk driver’s liability coverage in his homeowners insurance policy or renters insurance policy – if he has one – will cover you. There may also be additional sources of insurance coverage.
I cannot give you a figure for the type of workers compensation settlement that you might receive because there are too many factors that I do not know.
There is a time limit to file a lawsuit.
Hi,
I was hurt last June (2013) when a larger resident fell in a shower and took me out with him. I tore my rotator cuff and it required surgery with an anchor to fix. This was done in January (2014) after they forced me to to several months of therapy that didn’t work. It’s now April, and I’m told I will have to have a bicep cut to relieve the pain that I’m still having which will leave my arm with a popeye deformity and a high likely hood of a loss of around 50% of my current strength which will effectively remove me from ever being a nurse again.
I’m only 30 and will have to be re-educated into another career, not to mention having that deformity on my arm. I’m a woman so I wont be able to hide it like a man.
Should i find a lawyer or settle like they are pressuring me into doing.
Dear Hurt Nurse,
Thank you for telling me about your incident. I am sorry to hear that you were injured. I assume that you mean that you were assistant a resident while performing your nurse duties and you fell down when he fell down. I hope you feel better.
If you want to hire an attorney and this accident occurred in Florida or you live in Florida, you are more than welcome to call me at 888-594-3577 to see if I can represent you. I definitely suggest that you speak with an attorney immediately.
There is a time limit to file a lawsuit. I am not your attorney.
Hello sir, i got major rota tor cuff tear in Jan 20 2014. I had surgery on 4-14-2014, i have been in physical therapy and range of motion has gotten better but there is still a lot of pain and can’t still extend my left arm above my head. i just had a MRI with ink injected into the shoulder, and there’s a area that tore again, part of the surgery that was performed. the doctor that did the surgery does other repairs as well, he said that a 2nd repair is needed. but he can’t do it and his partner that only repairs shoulders is gonna look at it and see if he can fix it or not. My case nurse said i have 3 options. do a second surgery, 2 re-employment through the state and be considered disabled status, 3 settle my claim. I have been getting $2016 a month since Jan. What should i do? Sept 16th i go and see my doctor and than same day i see his partner. please advise, do i now need a lawyer. Being out of work for a another whole year, just doesn’t sound good at all, i cant live on $2000 a month, its hard. i got 14 months left on Workers Comp if i have to go back into surgery.
Dear “Hurt on the Job”:
Thank you for telling me about your injury. I am sorry to hear that you were injured. In part because you have such a serious injury, I definitely suggest that you speak with a workers compensation lawyer. I have settled many Florida workers compensation cases throughout the state of Florida along with a different law firm with whom I work on these cases. Please call me at 888-594-3577 and we can speak further about your workers compensation case. I represent injured people throughout the entire state of Florida.
If you also have a personal injury case, I may be able to represent you in that matter by myself. If you have an injury claim, there are over 11 reasons to hire a lawyer. I have settled injury cases throughout the state of Florida as well. Again, please call me at 888-594-3577.
There is a time limit to file a lawsuit. I am not your attorney. This is not legal advice.
this injury happened in Florida and on the job.
I was recently in a car accident (in Florida) that was 100% the other driver’s fault. The other driver does not have any bodily injury liability insurance. I have torn my rotator cuff and have a herniated disc in my neck. My insurance has underinsured motorist coverage in the amount of $10,000 and medical payments in the amount of $5,000. Does this mean I can settle up to $25,000 with my insurance (between pip, uim, and medical payment)? Can any pain and suffering be recouped from my own insurance or is it only the value of medical bills and lost wages that can be recovered?
MB:
I am sorry to hear that you have these injuries. I wish you a speedy recovery.
Warning: This is not legal advice. The answer to many legal questions, including yours, is “It depends.” Uninsured motorist coverage is a complicated area of the law and is constantly changing, in part, because it is highly regulated.
I am not your attorney. There is a time limit to sue. You should speak with an attorney immediately.
I need to know several things in addition to the information that you have provided. Below are just a few of the many things that I look at when analyzing a personal injury case when uninsured motorist coverage is involved.
1. Are there any other potential defendants whom a claim can make a claim against?
2. Is the uninsured motorist (UM) coverage “stacking” or is it “Nonstacked”?
3. Did the insured execute a written selection on a form approved by the Office of Insurance Regulation and did the insurer file with reduction in premium rates of at least 20%. F.S. 627.727(9)?
4. Did you purchase extended PIP coverage?
5. What type of vehicle was the other driver operating? (e.g. Was it a private passenger automobile, was it a taxi, a limousine, etc.)
6. Has PIP and/or Medpay been paid to your medical providers or you?
7. Did you live in Florida at the time of the crash?
8. Was your registered in Florida at the time of the crash?
My response applies to an uninsured motorist policy that was issued in Florida. I will assume that you were a Florida resident at the time of the crash and that your car was registered in Florida at the time of the crash. If this is not the case, please let me know.
UM coverage provides the same benefits as bodily injury coverage. UM coverage is different from the majority of bodily injury policies because UM coverage may cover damages suffered by an innocent victim of an intentional negligent act caused by an uninsured motorist.
Florida Statute 627.727(7) states that uninsured motorist coverage does not include coverage for pain, suffering, mental anguish, and other intangible damages unless the insured satisfies the no-fault threshold necessary conditions of F.S. 627.737(2). This law allows the uninsured motorist insurer to use the no-fault threshold defense if the uninsured motorist has personal injury protection (“PIP”) coverage.
But if the uninsured motorist does not have PIP coverage and the insurance policy provides uninsured motorist coverage for bodily injury that an insured is “legally entitled to recover” from the owner or driver of an uninsured motor vehicle, damages may be recovered for the negligence of the uninsured motorist without satisfying the no-fault threshold.
Hi, I got injured at work rotator cuff tear in my shoulder in 2013, however I didn’t stop working because I am the household. I did a surgery but I am still suffering the pain. My court settlement will be next month, how much my injury will worth? I really appreciate you opinion.
NM:
I am sorry to hear that you hurt your shoulder and that you are still in pain. I assume that you were hurt in Florida, which is where I am licensed. I cannot comment on a case in another state.
I cannot tell you how much your injury is worth. You gave me only one fact.
Even with a few or several more facts, an attorney needs to review every single document in your case to make an educated guess as to settlement value.
You should ask your attorney what he thinks the settlement will be. That is one of the things that you are paying him for. He may be able to make an educated guess.
I hope that you feel better. There is a time limit to sue. I am not your attorney.