What Damages Can You Collect in a Shoulder Injury?
Rotator cuff injuries are muscle and tendon damage that results in pain, weakness, and reduced mobility. They stem from trauma, repetitive motion, or overuse. Common causes include car collisions, workplace injuries, and slips and falls.
In personal injury cases, rotator cuff injuries are significant due to their potential to impact daily life and long-term functionality. Victims may face medical treatments, physical therapy, and missed work, which can lead to financial and emotional stress.
A rotator cuff injury lawyer New Orleans LA plays a huge role in helping you get compensation. A lawyer advocates for your rights and enables you to understand shoulder pain claims in Louisiana. How much do you know about rotator cuff tears and shoulder injuries? Read on below to understand deeper and explore your options!
Quick Summary:
- Rotator cuff injuries affect the muscles and tendons that stabilize the shoulder. They can result from acute trauma, repetitive stress, or degenerative changes, leading to conditions such as tendonitis, tears, or impingements.
- Rotator cuff injuries can be caused by sudden trauma, repetitive overhead movements, degenerative changes with age, overuse, or poor posture. These factors increase the risk of damage to the shoulder joint. Symptoms include pain, weakness, limited range of motion, and difficulty with everyday tasks. The severity varies based on the type of injury, such as acute tears, chronic tears, or tendinitis.
- Victims may recover economic damages (medical expenses, lost wages, future earning potential), non-economic damages (pain and suffering, loss of enjoyment), and punitive damages in cases of extreme negligence.
- Insufficient insurance coverage, liability issues, and delayed medical treatment can complicate rotator cuff injury settlements. Prompt medical attention and legal assistance are essential for a successful claim.
- Louisiana law typically provides two years from the date of injury to file a claim. However, exceptions like the discovery rule and extensions for minors may allow more time in certain cases. Minors injured before turning 18 have until their 20th birthday to file. The discovery rule provides extra time if the injury wasn’t immediately recognized.
What are Rotator Cuff Injuries?
Rotator cuff injuries affect the muscles and tendons that stabilize the shoulder joint. They can result from acute trauma, repetitive stress, or degenerative changes. Common examples include tendonitis, tears, and impingements.
Symptoms may include pain, weakness, limited range of motion, and difficulty performing everyday tasks. Treatment options range from rest and physical therapy to surgical intervention, depending on the severity of the injury.
Most Common Causes of Rotator Cuff Tears and Shoulder Injuries
Rotator cuff tears and shoulder injuries result from various factors. These factors such as sudden trauma or gradual wear and tear manifest themselves in various areas, be it workplace injury or slip and falls.
- Acute Trauma: Direct impact or force to the shoulder, such as during a car accident, sports collision, or fall, can lead to tears or other damage to the rotator cuff.
- Repetitive Motion: Activities requiring frequent overhead arm movements, like painting, swimming, or weightlifting, can strain the rotator cuff over time, leading to tendonitis or tears.
- Degenerative Changes: Age-related wear and tear can weaken the tendons, increasing the risk of injury. This process is often gradual and more common in individuals over 40.
- Overuse: Prolonged or excessive use of the shoulder joint, particularly in physical labor or sports, can result in inflammation or tearing of the tendons.
- Poor Posture: Chronic poor posture can place unnecessary stress on the shoulder joint, contributing to impingement or tendon inflammation.
Understanding these causes can help in both prevention and treatment, reducing the risk of long-term damage. Knowing your injuries can help with your shoulder pain claims in Louisiana.
Symptoms of Rotator Cuff Injuries
Rotator cuff injuries present differently depending on the type. There are three types of rotator cuff injuries, namely acute tear, chronic tear, and tendinitis. Knowing these can make all the difference in your shoulder pain claims Louisiana.
- Acute Tears are described as severe pain from the upper shoulder to the elbow. It manifests as discomfort from muscle spasms and internal bleeding. Larger tears result in pain and inability to move the arm due to loss of muscle strength.
- Chronic Tears develop gradually and can persist for an extended period. It is the kind of pain that intensifies at night with a reduction in mobility. This means that one cannot move their arm in specific directions or above shoulder height.
- Rotator Cuff Tendinitis frequently affects women aged 35-50 and is marked by deep ache in the upper shoulder region. Much like chronic tear, tendinitis results in increasing tenderness overtime. The pain becomes more pronounced with movement.
Your Legal Options for Rotator Cuff Tears and Shoulder Injuries
Plaintiffs suffering rotator cuff tears and shoulder injuries have legal options such as personal injury and workers’ compensation. A rotator cuff injury lawyer New Orleans LA can help recover damages for medical expenses, lost wages, and more. Settlements resolve these cases but lawsuits are necessary if an agreement cannot be reached.
If you’re a plaintiff asking yourself if there’s an accident attorney near me, you’re in luck! A rotator cuff injury lawyer New Orleans LA can help with shoulder pain claims in Louisiana processes and statute of limitations.
What Damages Can I Collect in a Rotator Cuff Injury?
Rotator cuff damage impacts life in many ways. Limited movement makes the simplest tasks a challenge. If your rotator cuff injury results from someone else’s negligence, you may be eligible to recover various damages, including the following:
Economic Damages
Economic damages refer to the quantifiable financial losses resulting from an injury, including medical expenses, lost wages, and future earning potential. These damages are calculated based on actual costs and projected financial impacts directly tied to the injury.
- Medical Expenses: Costs for surgery, physical therapy, medications, and future medical care related to the injury.
- Lost Wages: Compensation for income lost during recovery, including time off for medical appointments.
- Loss of Earning Capacity: If the injury affects your ability to work or perform certain job functions in the future.
Non-Economic Damages
Non-economic damages compensate for the intangible losses associated with an injury, such as pain, suffering, and emotional distress. These damages address the impact on quality of life and well-being, which cannot be measured in monetary terms.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life caused by the injury.
- Loss of Enjoyment: If the injury limits your ability to participate in hobbies or activities you previously enjoyed.
Punitive Damages
In cases where the injury was caused by extreme negligence or intentional harm, punitive damages may be awarded to punish the at-fault party and deter similar behavior.
What Factors Affect Rotator Cuff Settlements?
As much as one would like to settle matters instantly with their rotator cuff injuries, this isn’t always the case. Certain circumstances come into play to delay rotator cuff settlements. Learning these with the help of a rotator cuff injury lawyer New Orleans LA can make settling injuries more convenient.
- Insufficient Insurance Coverage: If the at-fault driver has minimal or no insurance, recovering the costs for surgery, treatment, and rehabilitation becomes much harder. Even if you have Uninsured/Underinsured Motorist (UM) coverage, not everyone does, and lacking it could leave you struggling to cover your expenses.
- Liability Issues: If you are determined to be at fault for the accident, you typically won’t be able to recover compensation. This includes situations where you were responsible for the accident, such as running a red light or rear-ending another vehicle.
- Delayed or Inadequate Medical Treatment: If you delay seeking medical care or don’t get the proper treatment early on, it can become difficult to prove the injury was caused by the accident. Timely medical attention is critical for establishing the connection between the injury and the accident, ensuring your case for compensation remains strong.
What is the Statute of Limitations in Louisiana for Personal Injury?
Louisiana has recently changed its statute of limitations policy. For incidents occurring on or after July 1, 2024, plaintiffs have two years from the date of injury to file a suit. This extension provides additional time to pursue compensation for injuries sustained in accidents.
However, for incidents that occurred before July 1, 2024, the previous one-year statute of limitations still applies. Therefore, it’s essential to be aware of the date of your injury to determine the applicable filing deadline.
Exemptions to Louisiana’s Statute of Limitations
In some cases, Louisiana law provides extensions to the statute of limitations, giving you more time to file your lawsuit. These extensions are exceptions to the typical filing rules, and it’s up to you to demonstrate that one applies to your situation.
- Minors. If a minor is injured, the statute of limitations doesn’t begin until they turn 18, allowing them to file a lawsuit up until their 20th birthday—two years after reaching adulthood. For injuries occurring before July 1, 2024, the deadline is their 19th birthday.
- Discovery Rule. Louisiana also has a “discovery rule,” which provides that the statute of limitations may start when the injury is discovered. This rule is important if you didn’t immediately realize you were injured, as it allows additional time to file a claim.
Get Shoulder Pain Claims in Louisiana With a Lawyer’s Help!
Rotator cuff tears and shoulder injuries limit movement and affect quality of life. Resulting normally from repetitive motions, it comes in acute and chronic forms that contribute their own pain to an individual. Getting legal help from a rotator cuff injury lawyer in New Orleans, LA is the best way to get justice for injuries.
At Hammond Law Group, LLC, our attorneys can discuss the damages plaintiffs may receive, the Louisiana statute of limitations, and other important aspects of the legal process. With unwavering support and representation, we are prepared to advocate for you should the case proceed to court. We also assist clients with various personal injury cases, including wrongful death, premises liability, and recreational vehicle injuries.
Looking for an accident attorney near me? The search ends here with us! Call us now to schedule your free consultation today!
