Shoulder Injury Lawyers

Suffering a shoulder injury after an accident is, unfortunately, a common occurrence. According to the American Academy of Orthopedic Surgeons, every year approximately 7.5 million people seek medical treatment for a shoulder problem, including shoulder and upper arm sprains and strains. 

If you’ve suffered a shoulder injury after being in a motor vehicle or work-related accident, seek medical attention. Next, contact a personal injury law firm to ensure your rights are protected. The attorneys at Raphaelson & Levine have a deep understanding of personal injury law and are highly experienced with shoulder injuries. Please call or contact us at 212-268-3222 to obtain a free consultation.

Common Accidents That Cause Shoulder Injuries

Warning signs you’ve sustained a shoulder injury include pain in the shoulder (especially when lifting or performing other overhead activities), sense of shoulder instability, decreased range of motion, loss of strength, or feeling any locking, popping, grinding, or catching sensations.

Common accidents that lead to shoulder injuries include:

Overuse Injuries (Eg. Sports)

The body’s shoulder structure is complex, and injuries are not always immediately diagnosed because it can be difficult to identify the source of the pain. People who have been involved in an accident sometimes will feel immediate pain, but other times the injury becomes more apparent in the days or weeks following a traumatic accident.

If symptoms emerge, it’s important to have the pain examined by a medical professional to avoid worsening your current conditions. Ignoring pain can lead to more serious injuries to the shoulder.

Types of Shoulder Injuries

The shoulder is susceptible to many different types of injuries due to its structure. The shoulder joint is composed of three bones: clavicle (collarbone), scapula (shoulder blade), and the humerus (upper arm bone), along with numerous muscles, tendons, and ligaments that help anchor the shoulder to the body.

The shoulder’s vulnerability means it can easily become unstable, especially the soft tissue found in the muscles, tendons, and ligaments. Shoulder injuries are generally broken up into two broad categories: instability and impingement. Instability occurs when one of the shoulder joints falls out of alignment, and impingement occurs when muscles rub against the top of the shoulder blade.

Common shoulder injuries include:

  • Rotator Cuff Tear
  • Sprains and Strains
  • Separations
  • Tendinitis
  • Dislocations
  • Bursitis
  • Bone fractures
  • Arthritis
  • “Frozen Shoulder”

Every year, over 4.1 million people are diagnosed with a rotator cuff problem. Many of those and other types of injuries occur from repetitive motions but also commonly emerge after the body experiences a sudden trauma, like a car accident. A medical professional will often use diagnostic imaging tests, such as an x-ray, CT scan, or MRI, to determine the nature of the shoulder injury, along with a physical exam and documentation of medical history. 

Compensation for Shoulder Injury Requiring Surgery

Shoulder injuries are not only painful, they can cause severe disruption in everyday life, preventing you from performing your usual activities, either at work or at home. If you believe you sustained your injury in an auto accident, motorcycle accident, slip and fall accident, or a work-related injury, you should seek a medical professional’s opinion right away.

After seeing treatment, contact a personal injury attorney who is experienced with shoulder injuries, especially if your doctor tells you surgery is your best corrective action. If you’re diagnosed with a rotator cuff injury, it's very common to need surgery. Many doctors will first try physical therapy or steroid injections but if these don't work, surgery is often the follow-up course of action to help patients regain their shoulder's range of motion. 

With any type of shoulder injury, you might suffer a permanent disability or be out of work for a long period of time while you rehabilitate your shoulder. A personal injury lawyer can determine if you have an eligible case to pursue compensation, which can help you pay for your surgery or alleviate your pain and suffering. He or she can document your surgery and any other medical interventions you require. 

Have You Suffered a Shoulder Injury at Work?

Many types of jobs, especially those involving repetitive motions, can be a primary contributor to a torn rotator cuff or another serious shoulder injury. Work-related injuries in New York State go through Workers’ Compensation Claims, but the money paid out by Worker’s Compensation benefits may not cover the entirety of medical bills, lost wages, or other pain and suffering.

Injured NYC workers are also often unaware of the fact there are sometimes circumstances where they can pursue additional compensation beyond a Workers’ Comp injury claim. If you’ve suffered a rotator cuff tear or another serious shoulder injury while on the job, you should consult with our experienced attorneys who will evaluate your circumstances and determine if you’re eligible to file for a third-party injury claim.

What Do I Do if My Shoulder Was Injured in an Accident?

Serious shoulder injuries can occur during a sudden and unexpected impact, such as a car accident. If you’ve suffered this type of injury after being involved in an auto accident, you’ll want to consult with an experienced car accident attorney as soon as possible.

If the injury occurred during an auto collision, it’s important to understand New York State is a “no-fault” insurance state. This means motor vehicle accident victims must first file with their own insurance company before seeking additional compensation, even if the accident was not their fault. However, there are special circumstances where a personal injury lawsuit can be filed if an injury meets what New York State determines to be “a threshold.”

For other types of accidents, a personal lawsuit can also be filed to obtain compensation to help pay for:

  • Medical Bills
  • Medical Treatment
  • Physical Therapy
  • Lost Wages
  • Pain and Suffering

We recommend you consult with an NYC shoulder injury attorney. Your lawyer can examine your situation, document the circumstances surrounding your accident, and work to ensure you receive the compensation you deserve from an injury claim with an insurance company or adequate compensation from a personal injury lawsuit if pursued.

Is There a Statute of Limitations?

In New York State, the Statute of Limitations for Workers’ Compensation benefits is two years and three years for a car accident. It takes time to build a strong case and, for most situations, the clock starts on the date the injury occurred. It’s important to consult with a shoulder injury lawyer as soon as possible after your injury occurs. This way, you ensure you don’t let the statute of limitations expire. 

Contact Our Top New York Shoulder Injury Lawyer for a Free Consultation

Chances are an insurance company will reach out to you soon after the personal injury or motor vehicle accident. Do not accept any claim until you’ve consulted with a personal injury lawyer.  Insurance companies often try to quickly settle with terms that are not in your favor. They will work to protect their client and are looking out for their interest, not yours. This is true even though you were the person injured, possibly due to negligence, which will be important for a personal injury attorney to evaluate. 

Raphaelson & Levine is committed to providing a voice to accident victims who are struggling or suffering after being hurt. The attorneys at our law office are ready to help people who have suffered shoulder injuries. If you’ve found yourself in an injury situation, our lawyers can carefully go over the circumstances surrounding your injury and determine if you have a shoulder injury case. If so, we’ll aggressively seek compensation to help you cover any medical bills, lost wages, and suffering you’ve endured because of your injury. 

Contact our law firm today for a free case evaluation at 212-268-3222 to discuss your legal options with a skilled New York personal injury lawyer. We place a high value on the attorney-client relationship and will stand with you every step of the way.

 

Sources:

https://orthoinfo.aaos.org/en/diseases--conditions/common-shoulder-injuries/

https://medlineplus.gov/shoulderinjuriesanddisorders.html

https://www.webmd.com/pain-management/why-does-my-shoulder-hurt

https://www.mayoclinic.org/symptoms/shoulder-pain/basics/causes/sym-20050696

https://pbortho.com/uncategorized/shoulder-injuries-caused-fall/

http://www.wcb.ny.gov/content/main/onthejob/WCLawIntro.jsp

https://www.nysenate.gov/legislation/laws/WKC/28

https://www.nycourts.gov/courthelp/goingtocourt/SOLchart.shtml


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