Labral tear after a car accident (hip or shoulder): what affects the settlement?

A labral tear can be a serious injury, and it is often worth more than a typical sprain or strain claim because it shows up on imaging and can require surgery. What your case is worth depends on how the tear was diagnosed, how it was treated, how it affects your life, and how clearly the crash caused it.

What is a labral tear?

The labrum is a ring of cartilage that lines the socket of the shoulder and the hip. It helps hold the joint in place. In a car crash, bracing against the steering wheel, hitting the door, or having your knee driven into the dashboard can tear it. People often describe a deep ache, clicking or catching, weakness, or a feeling that the joint is unstable.

A real example

We represented a driver who was rear-ended and suffered a right shoulder labral tear. That case resolved for $95,000. Every case is different, and past results don't guarantee a future outcome, but it shows that insurers do pay attention when a labral tear is properly documented.

What drives the value of a labral tear claim

• How it was diagnosed. An MRI or MR arthrogram that shows the tear is much stronger than a diagnosis based on symptoms alone.
• Treatment. Physical therapy, injections, and especially arthroscopic surgery all affect value. See does needing surgery change the value of my case?
• Timing. Symptoms and treatment that start soon after the crash make it harder for the insurer to argue the tear came from something else.
• Lasting effects. Ongoing pain, lost range of motion, or work restrictions all matter.
• Lost income. Time out of work, especially for physical jobs.

The insurance company's favorite argument

Insurers often claim a labral tear is "degenerative," meaning wear and tear that was there before the accident. Labral fraying can happen with age, so this argument comes up a lot. The answer is usually in your medical records: when your symptoms started, what your doctors say caused the tear, and whether you had any shoulder or hip problems before. Even if you did, Massachusetts law lets you recover when a crash makes an existing condition worse. Read more in I had problems before the accident. Can I still recover?

What to do

1. Tell your doctor exactly how the crash happened and where you feel pain.
2. If pain, clicking, or weakness doesn't improve, ask whether you need an MRI.
3. Follow your treatment plan and keep your appointments. Gaps in treatment are used against you.
4. Don't settle before you know whether you'll need surgery. See should I settle while I'm still in treatment?

Get a Free Consultation

If you were diagnosed with a labral tear after a crash in Western Massachusetts, call Attorney Daniel A. Pava at 413-781-8700 for a free case review. You can also read more on our Springfield car accident lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103