Page Updated: July 27th, 2021
Labral Tear Shoulder Settlement
A labral tear is one of the most difficult shoulder injury cases that you can deal with in court as insurance companies will often try and state that it is not due to your accident, but prior repetitive motion and stress.
It is this difficulty that makes going to court a common outcome in order to get a labral tear settlement that you deserve.
In this article we will go over:
♦ What are labral tear shoulder injuries?
♦ Why are these cases hard to prove in court?
♦ Some sample verdicts that others have gotten from their labral tear injuries in court
♦ Answers to common questions about labral tear shoulder injuries
Read more about labral tear shoulder settlements below.
Table of Contents
Labral Tear Medical Topics
General Settlement Information
7 – About the Author
Labral Tear Injuries
The Labral refers to the cartilage that is found in the shoulder joint. This cartilage helps to stabilize the shoulder joint and helps with controlling the movement of the adjacent bones like the humerus bone of the arm.
A labral injury is serious because the shoulder needs the soft tissue that surrounds it to help provide stability and functionality for the most basic daily tasks and movements.
If any of the many parts of the shoulder are hurt, it renders the whole shoulder practically unusable and therefore becomes debilitating.
Unfortunately, the makeup of the shoulder is also such that recovery takes a long time because the shoulder naturally does not get a great deal of blood supply.
This can result in long recovery times as well as incomplete recovery where the healing never fully allows for your to have shoulder functionality back like before your labral tear injury.
Your labral tear shoulder settlement will take this into account because for any chance of proper recovery, you need to have arthroscopic shoulder surgery in most cases.
Labral Tear Shoulder Settlement 411
Labral tear shoulder settlements will be affected by a few variables, but not all of them are in your favor. One impediment in getting a favorable labral tear shoulder settlement will be that this is an injury that is frequently difficult to diagnose.
While some injuries show up clearly in MRIs and x-rays, a labral tear will often not show up easily or are very hard to see on an MRI or other imaging test.
Unfortunately, when an injury is not able to be seen with any modern technology, there is a much higher chance that the insurance company will try and downplay your pain and injury.
Not all the variables work against you because with the proper counsel on your side, you can focus on getting immediate treatment and medical attention that can help you argue that your injury is not only real, but in need of medical care.
If you require surgery for your labral tear, this can also work heavily in your favor and lead to a better labral tear shoulder settlement for you.
It is also important to note that a labral tear shoulder settlement in California versus a labral tear settlement in Maine will have little difference in terms of payout, as there are national averages that show a properly argued labral tear case can yield $75,000-$200,000 in payouts.
The specific jurisdiction within each state, however, can make a difference. For example, better outcomes can be expected in Los Angeles versus many other counties in California.
Sample Labral Tear Verdicts & Settlements
SAMPLE VERDICT (Connecticut): $122,545. An adult make suffered from injuries to his shoulder including a labral tear that required surgery. The plaintiff was injured while he was operating his vehicle on a public highway. His car was stopped when it was hit by an uninsured vehicle who was negligent as he was under the influence of alcohol and was operating his vehicle in an unsafe manner by failing to keep a lookout while driving and also failing to keep a proper distance.
SAMPLE VERDICT (Pennsylvania): $250,000. A driver in Pennsylvania suffered a labral tear that required arthroscopic surgery to fix the injury and considerable recovery time. Plaintiff was struck when he was driving straight southbound on a local road when another vehicle pulling out of a parking lot attempted to make a left turn. The injuries were severe enough to require considerable down time to recover after surgery.
SAMPLE VERDICT (California): $110,000. While stopped at a red light, the plaintiff was hit by another vehicle that failed to stop in time and then read-ended the plaintiffs car. This theh pushed the plaintiff’s car forward into the vehicle in front of it which led to injuries sustained by the plaintiff which included damage to the labral region of the shoulder as well as further injuries to the arm and fingers as well.
SAMPLE VERDICT (California ): $54,600. A plaintiff suffered a labral tear after being sideswiped by an SUV that failed to stop while going through an intersection. The impact caused the plaintiff to suffer multiple injuries in addition to the labral tear. The Labral tear itself needed surgery as well as physical therapy.
SAMPLE VERDICT (California): $300,000. A 46-year old male driver was headed northbound on a freeway when the traffic in front of him slowed down and he reduced his speed to match the traffic conditions. The vehicle behind him did not stop in time and hit the plaintiff from behind causing the plaintiff to suffer multiple injuries including a labral tear in his right shoulder which required surgery in order to be treated. The insurance company argued that the pain from the labral tear was actually being caused by pre-existing medical conditions but the plaintiff disputed this with his counsel in court and was awarded the full amount he had sought out.
Labral Tear Settlement Q&A
Will my age affect my labral tear shoulder settlement?
Yes, it is possible that your age can affect your labral tear settlement amount because often the insurance companies will argue that your age and not the accident are the reason for your shoulder pain.
What can reduce my labral tear shoulder settlement value?
A few things that can affect your labral tear shoulder settlement value include things like your age, if you have had any prior injuries or if you have illnesses that affect the function of your bones and cartilage in a healthy manner.
Do labral tear injuries require surgery?
Yes, labral tear injuries often do require arthroscopic surgery in order to allow for full recovery to take place.
What are the average settlement amounts for labral tear injuries?
While the value can fluctuate depending on your own case, the average settlement value for labral tear injuries tend to be between $75,000 to $200,000.
Why are labral tear injuries hard to prove in court?
Labral tear injuries are some of the hardest cases to prove in court because these injuries are not always easily seen in MRIs and other imaging tests, which the insurance companies then use as proof that the injuries are not that serious.
Let Our Los Angeles Lawyers Help
With Your Labral Tear Shoulder Settlement
Labral tear injury cases are hard to prove in court. The insurance companies will work around the clock to downplay your injuries and make it seem not-serious in order to pay you the lowest amount possible.
Contact us at IAG for a free consultation so that we can help you win the result you deserve. Day or night, wherever you are, our Los Angeles attorneys are here to help you.
Supporting Citations, Literature & Resources:
Troelsen, A., Mechlenburg, I., Gelineck, J., Bolvig, L., Jacobsen, S., & Søballe, K. (2009). What is the role of clinical tests and ultrasound in acetabular labral tear diagnostics?. Acta orthopaedica, 80(3), 314-318.
Guevara, C. J., Pietrobon, R., Carothers, J. T., Olson, S. A., & Vail, T. P. (2006). Comprehensive morphologic evaluation of the hip in patients with symptomatic labral tear. Clinical Orthopaedics and Related Research®, 453, 277-285.
Su, T., Chen, G. X., & Yang, L. (2019). Diagnosis and treatment of labral tear. Chinese medical journal, 132(2), 211.
Reiman, M. P., Goode, A. P., Cook, C. E., Hølmich, P., & Thorborg, K. (2015). Diagnostic accuracy of clinical tests for the diagnosis of hip femoroacetabular impingement/labral tear: a systematic review with meta-analysis. British journal of sports medicine, 49(12), 811-811.
Reiman, M. P., Mather, R. C., Hash, T. W., & Cook, C. E. (2014). Examination of acetabular labral tear: a continued diagnostic challenge. British journal of sports medicine, 48(4), 311-319.
About the Author
Article Author: This law article was written by attorney Ray Benyamin, Esquire. Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from the State Bar of California. His law license number is 277263. He has been practicing law for 10 years. Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles (CAALA), the Los Angeles County Bar Association (LACBA), the State Bar of California, the American Bar Association (ABA), and the American Association for Justice (AAJ). Mr. Benyamin has personally helped his clients recover over $10,000,000 in vehicle accident insurance claims in the State of California.
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