A dislocated shoulder is a painful injury that occurs when the ball of the upper arm bone (humerus) is forced out of the socket (glenoid) of the shoulder blade. This can result from trauma, such as a fall, car accident, or sports injury. In a California personal injury case, a dislocated shoulder can lead to substantial medical costs, pain and suffering, and long-term disability, which may justify a claim for compensation if caused by another party’s negligence.
🦴 What Is a Dislocated Shoulder?
A dislocated shoulder occurs when the humerus (arm bone) is pushed out of its normal position in the glenoid (the socket in the shoulder blade). There are two main types:
- Anterior Dislocation (most common): The head of the humerus is pushed forward and downward, away from the socket.
- Posterior Dislocation: The head of the humerus is pushed backward into the shoulder blade.
Symptoms of a Dislocated Shoulder:
- Severe pain and swelling
- Inability to move the arm
- Deformity or visible dislocation (a bulging or misaligned shoulder)
- Numbness or weakness in the arm or hand
- Bruising or tenderness around the shoulder
A dislocated shoulder typically requires medical intervention, such as reduction (a procedure to reposition the bone), followed by rest and rehabilitation.
🚗 Common Causes in California Personal Injury Cases
Dislocated shoulders can result from a variety of accidents or situations, including:
- Car accidents (especially during high-impact collisions)
- Motorcycle accidents
- Slip-and-fall accidents (on wet floors, icy surfaces, or uneven ground)
- Bicycle accidents
- Assaults or physical altercations
- Defective products (e.g., sports equipment)
⚖️ Legal Elements for a Personal Injury Claim in California
To recover compensation for your dislocated shoulder in California, you must prove:
- Duty of Care – The responsible party had a duty to act with reasonable care (e.g., driving safely, maintaining a safe property).
- Breach of Duty – They failed in that duty (e.g., unsafe driving, lack of maintenance).
- Causation – Their negligence directly caused your dislocated shoulder.
- Damages – You sustained harm, including medical expenses, lost wages, and pain.
🧮 Comparative Negligence:
California follows the pure comparative negligence rule, meaning even if you were partially at fault for the accident, you can still recover damages — but the award will be reduced based on your percentage of fault.
💰 What Compensation Can You Claim?
A dislocated shoulder can lead to significant medical bills, loss of income, and long recovery times, making your personal injury claim potentially high-value.
🔹 Economic Damages:
- Emergency room visits and follow-up care
- X-rays, MRIs, and other imaging studies
- Surgical intervention (if required)
- Physical therapy and rehabilitation
- Pain medication and assistive devices (braces, slings)
- Lost wages and reduced earning capacity
- Future medical expenses (if surgery or therapy is needed long-term)
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life (e.g., difficulty working or performing everyday activities)
- Loss of enjoyment of life (sports, hobbies)
- Scarring or permanent disability
🧾 Key Evidence for Your Claim
Strong evidence is critical to support your dislocated shoulder claim. Consider the following:
✅ Essential documents and proof:
- Medical records showing diagnosis, treatment, and recovery
- Imaging reports (X-rays, CT scans, MRI)
- Accident or police reports (if applicable)
- Witness statements (if any)
- Photos of injuries or accident scene
- Documentation of lost wages (pay stubs, letters from employer)
- Therapy or rehabilitation records showing your recovery progress
- Personal journal tracking pain, limitations, and daily life disruptions
⏳ Statute of Limitations in California
- Personal injury claims must typically be filed within 2 years of the injury date.
- Claims against government entities (e.g., public sidewalk accidents) must be filed within 6 months of the injury.
🕒 Make sure to file within the applicable time limits to preserve your legal rights.
👨⚖️ Why You Should Hire a Personal Injury Lawyer
Given the potential for high medical costs and long recovery times, it’s essential to work with an experienced California personal injury lawyer. A lawyer can:
- Assess the full value of your case (including future medical costs and lost wages)
- Negotiate with insurance companies on your behalf to secure a fair settlement
- File a lawsuit if necessary to ensure you receive the compensation you deserve
- Work with medical experts to demonstrate the severity of your injury and its impact on your life
- Handle all paperwork and legal deadlines, ensuring your case is properly managed
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].