Article Updated August 3, 2021
Slap Tear Car Accident Settlement
Slap tears are often caused by overuse and through the playing of sports. If you have injured yours in an accident, there is a high chance that your insurance company will fight you when it comes time to pay for your injury, and find excuses that the injury is from something other than your accident.
In this article you will learn:
♦ What a slap tear is
♦ What can cause your
♦ Slap tear accident settlement values
Slap tear accident injuries are complicated to navigate but with the right information you can maximize your settlement. Read on below to learn more.
Table of Contents
Slap Tear Medical Topics
General Settlement Information
7 – About the Author
Slap Tear Injuries
A SLAP tear refers to an injury that affects the Labrum Anterior and Posterior. When you have a SLAP injury, it means that you have injured the top part of the labrum which itself is the cartilage of your shoulder joint.
This top area of your shoulder is where the bicep muscles connect to the shoulder cartilage or labrum.
When you have a SLAP tear this means you have a tear in this front and back area of the shoulder cartilage as it connects to the bicep tendons and muscles.
The SLAP area can be affected in many manners including:
♦ Car accident
♦ Falling on the arm/ shoulder
♦ The arm getting pinned or pulled in an unnatural manner
♦ Shoulder dislocations
♦ Repetitive movement/ sports injuries
♦ Frequent weightlifting
♦ Can happen naturally with age
This final point can have a large effect on your slap tear car accident settlement value because those aged over 30, or those who frequently play sports or lift weights can find themselves being told that their injury is natural or not related to their accident at all, even if this is not the case.
Slap Tear Car Accident Settlement 411
Your slap tear car accident settlement can come in anywhere from $20,000 to $175,000 depending on the specifics of your case.
Many things can affect your final value but the most common ones are:
♦ Your age at the time of the accident
♦ Your prior medical history and injuries to your shoulder
♦ The lifestyle that you had prior to the injury
♦ Whether or not your SLAP tear shows up in any imaging (higher chance of success with an MRI)
♦ Did you need surgery for your SLAP tear?
Slap tear car accident settlements are unique in that an active lifestyle may count against you in your case because the insurance company will try and argue that your playing of sports or weight lifting are responsible for your injury and not any accident you were involved in.
This is made even more complicated because a SLAP tear does not show up in imaging like an x-ray because it is a soft tissue injury which does not show up on that type of imaging.
However, in some cases, an MRI when used with a dye injection can show your injury.
Overall, you can expect to face a tough battle with your insurance company as they attempt to minimize your injury and also divert accountability for your injury. Some samples illustrate the point.
Sample Slap Tear Verdicts & Settlements
SAMPLE VERDICT (Michigan): $49,000. A female plaintiff was stopped on a road when her car was hit by a driver who the plaintiff claimed was negligent in their driving as they came to a red light in an intersection. The impact of the crash left the plaintiff with multiple injuries including a SLAP tear injury. Her case was complicated with the fact that she had a pre-existing degenerative disease that the defendant claimed should reduce any damages that she should be paid.
SAMPLE VERDICT (Minnesota): $33,480. A 64 year old plaintiff suffered a SLAP tear to his left shoulder after the vehicle that he was in was hit by a defendant at a red light. Plaintiff was stopped for a red light in the far left lane when another vehicle collided with him in the rear of his car. The impact was bad enough that the plaintiff suffered permanent injury and needed long term care. The defendant’s attorney attempted to reduce the payment by nearly $10,000 but the court rejected that and gave the plaintiff the $33,480 originally agreed upon.
SAMPLE VERDICT (Ohio): $60,493. A negligent driver hit plaintiff in a rear-end collision which led to back, hand and shoulder injuries including a right shoulder SLAP lesion. The plaintiff was left with reduced mobility as well as weakness in his affected arm. This required extensive medical care and the plaintiff was paid for both accrued medical expenses and future medical expenses to cover the foreseeable medical treatment that would be needed.
SAMPLE VERDICT (Washington): $100,000. An adult male driver was stopped at a traffic light when his car was rear-ended by pickup truck that pushed the plaintiff’s car forward. The plaintiff suffered multiple injuries including a SLAP tear to his shoulder. This SLAP tear injury required future surgeries and medical care to assist with the physical therapy process.
SAMPLE VERDICT (Idaho): $132,000. Plaintiff was driving on a local road when he went through a green light intersection. While making his way through the light, a vehicle that was not paying attention ran through the light and sideswiped the plaintiff’s car pushing him into a median. Plaintiff suffered multiple shoulder injuries including a type II SLAP tear lesion. The injuries required arthroscopic surgery.
Slap Tear Injury Settlement Q&A
What is the average slap tear car accident settlement value?
The average SLAP tear car accident settlement value can fluctuate between $25,000 and $175,000 depending on the severity of your case and whether or not you needed surgery.
Is a SLAP tear different from a labral tear?
The labral tear tends to refer to the overall cartilage area that holds together the shoulder joint. The SLAP tear is a more specific and narrow part of the labral region which connects with the bicep muscles.
If I am older, will this reduce my slap tear car accident settlement value?
Yes, it is possible that older age can reduce your slap tear car accident settlement value because it can be argued that any damage to your SLAP region is due to natural aging and not your injury.
Can a SLAP tear be seen in an x-ray or MRI?
A SLAP tear can only be seen in some imaging but an x-ray is generally not one of them because a SLAP tear is not a muscle but instead soft tissue. Some specialized MRIs can detect a SLAP tear however.
This is importantly because without clear imaging that proves your SLAP tear, you will face a harder time getting a settlement value that is high.
Los Angeles Lawyers Here to Help
With Your Slap Tear Car Accident Settlement
A SLAP tear case will not be easy to prove in court. To maximize your settlement you will need help from a team that has experience representing people in your situation. Our Los Angeles lawyers have tremendous experience with shoulder injury claims, and are here to help you.
All new clients get a FREE 30 minute phone consultation. Contact the IAG team today so that our experience can help you win.
Supporting Citations, Literature & Resources:
Baker III, C. L., & Romeo, A. A. (2009). Combined arthroscopic repair of a type IV SLAP tear and Bankart lesion. Arthroscopy: The Journal of Arthroscopic & Related Surgery, 25(9), 1045-1050.
Cvetanovich, G. L., Gowd, A. K., Agarwalla, A., Forsythe, B., Romeo, A. A., & Verma, N. N. (2019). Trends in the management of isolated SLAP tears in the United States. Orthopaedic journal of sports medicine, 7(3), 2325967119833997.
Bedi, A., Dodson, C., & Altchek, D. W. (2010). Symptomatic SLAP tear and paralabral cyst in a pediatric athlete: a case report. JBJS, 92(3), 721-725.
Erickson, B. J., Jain, A., Abrams, G. D., Nicholson, G. P., Cole, B. J., Romeo, A. A., & Verma, N. N. (2016). SLAP lesions: trends in treatment. Arthroscopy: The Journal of Arthroscopic & Related Surgery, 32(6), 976-981.
Chalmers, P. N., Monson, B., Frank, R. M., Mascarenhas, R., Nicholson, G. P., Bach, B. R., … & Romeo, A. A. (2016). Combined SLAP repair and biceps tenodesis for superior labral anterior–posterior tears. Knee Surgery, Sports Traumatology, Arthroscopy, 24(12), 3870-3876.
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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