Client Settles Shoulder Injury Case for $80,000

The St Louis personal injury attorneys at Muchnick and Haber recently settled a case for $80,000.00 on behalf of a client who injured her shoulder after an accident in Macoupin County, Illinois.

The St Louis personal injury attorneys at Muchnick & Haber recently settled a case for a client who injured her shoulder after an accident in Macoupin, County Illinois. The woman involved in this accident was forced to take evasive action when a negligent driver pulled her car out into oncoming traffic. As a result, she ended up in a serious accident. The woman suffered a rotator cuff injury as a result of the car accident. We have handled many personal injury claims involving rotator cuff injuries caused by auto accidents or work-related accidents. The rotator cuff is actually a group of four muscles which includes the supraspinatus, infraspinatus, teres minor and subscapularis. If your shoulder is injured in a car accident, your doctor may perform testing including range-of-motion testing, and other types of tests including the following:

  • Apley's Scratch Test

  • Neer's Test (Neer Impingement Sign)

  • Hawkins' Test

  • Drop-arm test

  • Spurling's Test

  • Apprehension Test

  • Relocation Test

  • Sulcus Sign

  • Yergason Test

  • Speed's Maneuver

  • Clunk Sign

This case involved a dispute as to who was at fault in the accident. As the case was filed in Illinois, the principle of Comparative Negligence was at issue. This is an important legal principle which allows a plaintiff's recovery to be reduced if the plaintiff is found to have contributed to the accident. Unlike Missouri, Illinois courts use what is called the modified comparative negligence principle in many tort actions. Under this system, the plaintiff's recovery is reduced by the plaintiff's percentage of negligence. If the plaintiff is more than 50 percent at fault, the judgment will be entered in favor of the defendant and the plaintiff cannot recover anything. According to Illinois law, "The purpose of this Section is to allocate the responsibility of bearing or paying in actions brought on account of death, bodily injury, or physical damage to property according to the proportionate fault of the persons who proximately caused the damage." 735 ILCS 5/2-1116(a).

Despite the risks of comparative fault reducing or eliminating the recovery for our client, we were able to obtain a favorable result in a conservative venue. Please contact us if you have suffered a shoulder injury caused by a car accident or work related accident.

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