How Much Can You Get Compensated for Shoulder and Neck Injuries in a Personal Injury Lawsuit?

Shoulder and neck injuries can be debilitating. Whether you suffered a torn rotator cuff in a car accident or aggravated a pre-existing neck condition in a slip-and-fall, these injuries can impact every part of your life, from your ability to work to how well you sleep at night. 

When someone else's negligence causes these injuries, you may be entitled to financial compensation.

But how much is your case actually worth?

The truth is, every shoulder and neck injury lawsuit is different. However, there are key factors that influence compensation amounts, and understanding them can give you a clearer picture of what to expect. 

Below, we’ll explore how these injuries are evaluated in personal injury claims, what kinds of damages you can pursue, and how pre-existing conditions like degenerative disc disease may impact your claim. When you’re ready to discuss your case, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Common Causes of Shoulder and Neck Injuries in Personal Injury Cases

Before diving into compensation amounts, it’s helpful to understand how these injuries typically happen. At Morgan & Morgan, we’ve seen thousands of cases involving shoulder and neck trauma resulting from:

• Car accidents: Rear-end collisions and side-impact crashes are notorious for causing whiplash, herniated discs, and shoulder injuries like torn rotator cuffs.
• Slip and falls: Falls can cause direct impact to the shoulder or strain the neck and upper back.
• Workplace accidents: Repetitive stress, lifting injuries, and falls on the job can lead to lasting shoulder or cervical spine injuries.
• Medical malpractice or surgical errors: Botched procedures can aggravate or cause neck and shoulder problems.
• Sports and recreational accidents: Contact sports and high-impact recreational activities can result in serious soft tissue and joint damage.
  
   

What to Do After a Shoulder or Neck Injury

To preserve your health and rights, take these steps after an accident:

• Get medical care immediately. Delays hurt both your health and your case.
• Follow your treatment plan. Attend every appointment and follow doctor’s orders.
• Document everything. Save bills, prescription receipts, and a journal of your pain and limitations.
• Avoid social media. Insurers may monitor your posts to dispute your claim.
• Contact Morgan & Morgan. The sooner you have legal guidance, the stronger your claim will be.
  
   

Types of Shoulder and Neck Injuries That Can Result in Compensation

Some injuries are more complex and potentially more valuable than others. Here are some of the most common seen in litigation:

Neck Injuries

• Whiplash: A common soft-tissue injury often seen in car accidents. Though it may sound minor, severe whiplash can cause chronic pain.
• Cervical herniated discs: These can result in nerve impingement, radiating pain, and even loss of mobility.
• Cervical radiculopathy: A condition caused by pinched nerves in the neck, often with arm pain or numbness.
• Neck strains and sprains
• Pre-existing neck conditions worsened by trauma: Degenerative disc disease or arthritis made worse by an accident.
  
   

Shoulder Injuries

• Rotator cuff tears: One of the most common and painful shoulder injuries. Severe cases often require surgery and months of physical therapy.
• Labral tears (SLAP tears): Damage to the cartilage in the shoulder joint, common in falls or overuse.
• Shoulder dislocations
• Frozen shoulder (adhesive capsulitis)
• Fractures (clavicle or scapula)
• Bursitis and tendonitis
  
   

How Much Compensation Can You Receive?

There’s no one-size-fits-all payout for shoulder and neck injuries. Compensation can range from tens of thousands to several hundred thousand dollars, depending on the severity of the injury and the impact on your life.

Here’s what generally goes into calculating that amount:

Medical Expenses

You can recover both current and future medical costs, including:

• Emergency room visits
• Imaging (MRIs, X-rays, CT scans)
• Surgery (e.g., rotator cuff repair, spinal fusion)
• Physical therapy
• Injections (steroids, nerve blocks)
• Medications
• Assistive devices

A rotator cuff surgery with physical therapy and six months of follow-up could easily exceed $35,000–$50,000 in medical bills alone.

Lost Wages and Future Earning Capacity

If your injury prevented you from working or if you’ll never return to your prior profession, you may be eligible for:

• Past wages lost while recovering
• Future earnings lost due to disability or job change
• Diminished earning capacity (if you can’t work at the same level as before)

A construction worker who can no longer lift heavy objects due to a shoulder injury might receive compensation for the difference between their former and current earnings, sometimes amounting to hundreds of thousands of dollars over time.

Pain and Suffering

This is often the largest and most subjective part of a personal injury award. It reflects the physical pain and emotional distress caused by the injury.

Courts and insurers may calculate this by multiplying medical costs by a number between 1.5 and 5+, depending on the severity.

Mild injury: $5,000–$25,000
Moderate injury (with rehab): $25,000–$75,000
Severe injury (surgery, disability): $75,000–$250,000+

Other Damages

You may also recover:

• Loss of enjoyment of life
• Loss of consortium (for spouses)
• Scarring or disfigurement
• Permanent disability or impairment
  
   

How Pre-Existing Conditions Affect Compensation

A common concern is: Can I still sue if I already had a bad neck or shoulder? The answer is yes, you can still be compensated if your condition was aggravated or worsened by someone else’s negligence.

“Eggshell Plaintiff” Rule

This legal doctrine holds that the defendant must take you as they find you. If your pre-existing condition made you more susceptible to injury, you are still entitled to compensation for the additional harm caused.

If you had mild degenerative disc disease that didn’t affect your daily life, but a car accident caused a herniated disc and chronic pain, you could pursue damages for the new injury or worsening of your condition.

However, insurance companies will often try to minimize your payout by blaming your symptoms on the prior condition. That’s why strong legal representation, including expert testimony, is so important.

Factors That Can Increase or Decrease Your Settlement

Here’s what can raise or lower the amount of money you’re awarded:

Can Increase Settlement Amount:

• Need for surgery or ongoing care
• Permanent disability or loss of range of motion
• High medical expenses and long recovery time
• Strong documentation and imaging
• Clear liability (e.g., rear-end crash, video footage)
• Inability to return to former work
• Impact on daily activities and emotional health
  
   

Can Decrease Settlement Amount:

• Gaps in treatment
• Failure to follow the doctor’s orders
• Delayed medical evaluation
• Prior injuries or poor documentation
• Partial fault for the accident
• Low insurance policy limits
  
   

How Insurance Companies Calculate Shoulder and Neck Claims

Insurance companies use internal formulas and software (like Colossus) to estimate how much your claim is worth. They’ll look at:

• Type of injury
• Type and length of treatment
• Objective medical findings (MRI, X-rays)
• Disability rating (if any)
• Duration of symptoms
• Whether surgery was performed
• Whether you’ve returned to work

While these systems are meant to be “objective,” they often undervalue claims, especially when soft-tissue injuries are involved. That’s where an experienced personal injury attorney can push back with medical evidence and legal pressure.

How Long Do You Have to File a Claim?

Every state has a statute of limitations, a deadline by which you must file a personal injury lawsuit. In most states, that’s between 1 and 4 years from the date of the accident.

Failing to act in time can prevent you from recovering anything, so it’s essential to consult an attorney early, even if you’re still healing.

How Morgan & Morgan Can Help

Shoulder and neck injuries can have ripple effects throughout your life, physically, emotionally, and financially. Whether you’re dealing with a torn rotator cuff, aggravated disc condition, or a lifetime of limited mobility, you deserve to be compensated fairly.

At Morgan & Morgan, we’ve helped thousands of clients recover compensation for painful, life-altering neck and shoulder injuries. We understand how these injuries can interfere with everything from work to sleep to simply picking up your child.

We also know how to fight back when insurance companies downplay your pain or try to blame your injuries on pre-existing conditions. With a nationwide team of over 1,000 attorneys and a track record of over $25 billion recovered, we’re not afraid to go to tria, and insurers know it.

If you or a loved one has suffered a neck or shoulder injury due to someone else’s negligence, contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about the compensation you may be entitled to.