Shoulder Injury Attorney San Diego, CA

Shoulder Injury

Shoulder Injury Attorney in San Diego, CA

Shoulder injuries are not only painful, but they can also make it hard to move around. A serious shoulder injury could make it impossible for someone to do certain jobs or daily tasks for the rest of their lives. Shoulder injuries often require surgery, and in some cases, the person will never be able to move the shoulder again fully.

At the Benner Law Firm, we help people hurt because of someone else’s carelessness. If you or someone you care about sustained a shoulder injury because of someone else’s fault, you should talk to our experienced shoulder injury attorney in San Diego immediately before you talk to an insurance adjuster or sign anything.

Let Benner Law Firm protect your rights. Our law firm has been around for a long time, helping clients attain justice. Please give us a call or send us an email.

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Why Do I Need a Shoulder Injury Attorney in California?

Shoulder injuries are one of the most common types in the United States. They can occur as a result of many recreational and professional activities. Often, these injuries can be quite serious and require surgery or extensive rehabilitation. If you have suffered a shoulder injury, it is important to speak with our experienced San Diego shoulder injury attorney, who can help you receive the compensation you deserve. You may need to speak with our shoulder injury attorney in San Diego, CA, for several reasons.

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One of the most common reasons is that many insurance companies will not cover all the costs of treating a shoulder injury. We can help by negotiating with the insurance company on your behalf and ensuring that you receive the full amount of compensation you deserve.

We can also help you understand your rights and ensure that you are not taken advantage of by the other party. If you have suffered from a shoulder injury, it is important to contact us at Benner Law Firm, who can help protect your rights and fight for the compensation that you deserve. 

Finally, our skilled shoulder injury attorney in San Diego, CA, can provide invaluable legal advice throughout the entire process. It is important to remember that laws about personal injury cases can be complicated to understand. We have a thorough understanding of these laws and will be able to guide you through the legal process. 

Don’t hesitate to contact our skilled San Diego shoulder injury attorney if you or someone you know has suffered from a shoulder injury.

What Constitutes a Shoulder Injury?

Any injury to one or both of a person’s shoulders is considered a shoulder injury. A shoulder injury can be especially debilitating because it frequently affects a person’s ability to use their hands and arms. They also impact a person’s ability to sleep well at night. 

Shoulder injuries can also occur due to another head injury or neck injury. Finally, shoulder injuries can be directly caused by criminal or civil tort acts like assault and battery.

How Do Shoulder Injuries Occur?

Muscles, tendons, ligaments, and other soft tissues surround the ball-and-socket joints in the shoulders. Shoulder injuries at work are often caused by lifting heavy things over and over or doing other overly repetitive movements that wear out the shoulders.

A dislocated shoulder can be caused by a fall or other accident that hits the shoulder hard. This happens when the upper arm bone (humerus) comes out of the shoulder socket or when a ligament that connects the shoulder blade to the collarbone is torn.

What Are the Most Common Types of Shoulder Injuries?

Because the shoulder is unstable and prone to various injuries and conditions, some common shoulder injuries are listed below:

Rotator Cuff Injury

The rotator cuff is the group of muscles and tendons that wrap around the shoulder joint. Its job is to keep the head of the upper arm bone (humerus) in place in the shoulder socket. Most rotator cuff injuries are caused by doing the same thing repeatedly. 

Separated Shoulder

When the ligaments that connect the collarbone to the shoulder blade are injured, this injury happens. The ligaments may be stretched in mild cases, but in severe cases, they may be completely torn.

Brachial Plexus Injury

The brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arm, and hand. Brachial plexus injuries happen when these nerves are compressed, stretched, or torn. 

Dislocated Shoulder

The shoulder is dislocated when the upper arm bone pops out of the socket. To pull the bone out of place, you have to use a lot of force, like a sudden blow to the shoulder. 

Shoulder Sprains

These injuries happen when the ligaments are stretched or torn.

Shoulder Strains

These happen when muscles or tendons are stretched or torn.

Tendinitis of the Shoulder

Tendon inflammation or irritation. 

Thoracic Outlet Syndrome

When the blood vessels and nerves between the first rib and the collarbone get crushed, it can cause pain in the shoulders and neck and numb fingers. 

Fractured Clavicle, Scapula, or Humerus

Any of the bones in the shoulder joint can be broken by a sudden blow. This can happen in a car accident, work, or fall.

What Are the Warning Signs of a Shoulder Injury?

If you hurt your shoulder, you might be able to tell right away, but sometimes you might not. If you suffered a shoulder injury in a car accident, you might have the following symptoms:

  • Shoulder pain
  • Changes in color around the shoulder
  • Pain when you try to move your arm
  • Pain, tingling, weakness, or swelling in the area
  • Stiffness or tenderness
  • Trouble falling asleep
  • Dizziness
  • Strange sensations, such as prickling
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You might think that these signs will go away if you wait long enough. But you might have greater damage lasting for months or even years. This is another reason you should see a doctor if you experience shoulder pain following an accident.

What Are the Things You Should Do Following a Shoulder Injury Accident?

Obtain Medical Care

As previously stated, if you have suffered a shoulder injury in an accident, you should seek medical attention immediately. Remember that if your shoulder injury is not treated promptly, it may not heal properly. This can prolong the healing process and aggravate your injuries. In some cases, it may even lead to the development of a degenerative disease over time. The severity of your shoulder injury may vary, so seek medical attention to be sure. 

Another reason to seek medical attention as soon as possible is to ensure that you receive full and fair compensation. If you wait too long to seek medical attention, the insurance company may be able to claim that another incident that occurred after your accident caused your shoulder injury. The sooner you get a doctor’s diagnosis, the better for your personal injury claim.

Call Our Skilled San Diego Shoulder Injury Attorney

If you or a loved one has been injured in California, our competent shoulder injury attorney in San Diego can assist you in recouping your losses. Indeed, our goal at Benner Law Firm is to assist you in recovering what you have lost and coming out stronger and better than before the accident.

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Call our car accidents lawyer in San Diego, CA to get compensated for your injuries.

How Can You Hold Legally Accountable the At-Fault Party for Your Shoulder Injury?

If you were hurt, you could hold the person or entity who caused your injury accountable for your losses. The circumstances of your accident will determine who is responsible for your injuries and how much compensation you are entitled to. 

If you are injured in an accident, such as a car accident or a slip and fall, the person who started the situation is responsible. If your shoulder injury was caused by repetitive stress at work, you might be eligible for workers’ compensation. You require the assistance of our knowledgeable San Diego shoulder injury attorney to determine what you should seek and how much you are entitled to.

What Evidence Do I Need For Me to File an Injury Claim?

If you have a shoulder injury, consider the following steps to ensure that you have enough evidence to support your claim:

  • Keep a record of everything relevant to the injury or accident. These records may include dates, such as the date of the injury, as well as locations.
  • Obtain any testimony and information related to injury witnesses.
  • Make photocopies of all medical documents about the injury.
  • If your shoulder injury urged police to intervene, obtain a copy of the resulting police report.
  • Describe the shoulder injury in detail, step by step. Include a description of how the injury has impacted your daily life and whether you require compensation.

Some personal injury claims may necessarily require the testimony of a medical expert. Courts or defense counsel may request expert witness testimony to confirm the extent of a shoulder injury. Our competent shoulder injury attorney in San Diego can advise you on how to work with expert witnesses.

What is the Value of My Shoulder Injury Claim?

The value of any personal injury case is determined primarily by the damages. Typically, the more severe and permanent the injury, the higher the claim. 

Some patients are unable to recover completely. Those who do recover may require months to recover. The following factors will influence the value of your case:

  • The precise location of the injury
  • The severity of your shoulder injury
  • Regardless of whether the injury is temporary or permanent
  • Your level of physical activity before the injury
  • Whether the injury will prevent you from returning to your previous job
  • Whether there is sufficient evidence to establish the defendant’s liability
  • Your new medical complications’ scope
  • Whether your dominant or non-dominant shoulder was injured

To be able to recover compensation, you must first establish liability. You must demonstrate that the defendant owed you a duty of care, breached that duty negligently, and caused your shoulder injury. The court-determined percentage of your fault may reduce your compensation for the accident. 

Benner Law Firm’s San Diego shoulder injury attorney will thoroughly investigate your case to gather evidence proving liability.

What Are the Different Damages Available in Shoulder Injury Claims?

Shoulder injuries can result in tens of thousands of dollars in medical bills, especially if long-term rehabilitation is required. Insurance companies will try to avoid paying you the full compensation you deserve by making a lower offer immediately. 

Benner Law Firm’s shoulder injury attorney in San Diego is ready to fight for your right to economic and non-economic damages, including the following:

  • Medical bills in the past and future, including ambulance and emergency room fees
  • Nursing assistance
  • Rehabilitation
  • Lost wages
  • Home improvements such as stair lifts or wheelchair ramps
  • Temporary or permanent disability
  • Loss of enjoyment of life
  • Loss of life quality
  • Mental anguish
  • Loss of consortium
  • Pain and suffering
  • Punitive damages

How Long Does It Take to Resolve Shoulder Injury Claims?

A shoulder injury case can take anywhere from 6 months to two years to resolve. Remember that this is an average timeline, and your case may be resolved sooner. On the other hand, serious or long-term injury cases are likely to take longer because you will need to request larger compensation. 

In these cases, you will almost certainly experience resistance from the insurance company. When the other party is willing to accept responsibility, it can take anywhere from 30 days to 6 months to settle a shoulder injury claim. However, if the responsible party continues to resist, a lawsuit must be filed, which can take two or more years to resolve.

What Are the Different Factors That Can Lengthen Your Case Timeline?

Aside from liability concerns, the following issues may prolong a shoulder injury case:

  • Your insurance company is disputing the extent of your injuries.
  • Disputes about the losses you’ve suffered as a result of your accident.
  • The insurance company’s refusal to act in good faith (engaging in stall tactics, not paying out a claim on time, etc.).
  • If liability for your accident is shared by several parties (third-party liability).

These are not the only factors that can hold up your case. Such challenges are manageable, but you must collaborate with our knowledgeable shoulder injury attorney in San Diego to avoid unnecessary delays in your case. We are always ready to help you, so please contact us at our office.

How to File a Workers’ Compensation Claim Following a Work-Related Shoulder Injury?

Because almost every employer in California is required to have workers’ compensation insurance, most injured workers are eligible to file workers’ compensation claims after being injured at work or while performing job duties outside of their workplaces. In the event of an injury, victims should notify their immediate supervisor and seek medical attention. 

Furthermore, their employer must provide them with the forms and materials required to file a workers’ compensation claim. In addition, the employer must keep a formal record of the injury. If the injured worker is in critical condition and requires immediate care, they can seek treatment from any doctor. 

Some injuries are excruciatingly painful and prevent victims from performing their jobs, but they are not severe enough to necessitate emergency room treatment. In these cases, injured workers can expedite their workers’ compensation claims by going directly to approved physicians for treatment and medical examination.

Most California workers’ compensation insurance carriers require claimants to have medical exams performed by locally approved physicians. These workers’ compensation doctors will assign disability ratings to injured workers based on the severity of their injuries and the likelihood of long-term complications. 

The disability rating of an injured worker has a significant impact on their final benefits determination. The injured worker must submit their claim forms and the medical examination report to their employer’s workers’ compensation insurance carrier. The insurance company will review the claim and may contact the claimant if additional information or specific details of the claim need to be clarified. 

Contact Our Seasoned San Diego Shoulder Injury Attorney Today

An insurance company will likely contact you shortly after the personal injury or motor vehicle accident. Do not accept any claim until you have spoken with our San Diego shoulder injury attorney. Insurance companies frequently try to settle quickly with terms that are not in your favor. 

They will work to protect their client and are concerned with their best interests, not yours. This is true even if you were the one who was injured, possibly due to negligence, which our legal team will need to assess. Benner Law Firm is dedicated to giving accident victims a voice when they are struggling or suffering due to their injuries. We are prepared to assist those who have suffered shoulder injuries. If you’ve been injured, our skilled shoulder injury attorney in San Diego can carefully examine the circumstances surrounding your injury to determine if you have a shoulder injury case. 

Contact our law office today for a free strategy session with a knowledgeable San Diego personal injury lawyer.


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