Torn rotator cuff in California personal injury case

A torn rotator cuff is a painful and often debilitating shoulder injury involving damage to the muscles and tendons that stabilize the shoulder joint. In a California personal injury case, a torn rotator cuff can result in significant medical expenses, lost wages, and long-term disability — especially if caused by a car accident, fall, or other incident where someone else is at fault. If negligence played a role in your injury, you may be entitled to compensation under California law.


🦴 What Is a Torn Rotator Cuff?

The rotator cuff is a group of four muscles and tendons that keep your upper arm bone (humerus) securely in the shoulder socket. A tear may be:

  • Partial: One of the tendons is damaged but not completely severed.
  • Full-thickness (complete): The tendon is entirely torn or pulled off the bone.

Symptoms include:

  • Shoulder pain (especially at night or when lifting the arm)
  • Weakness or limited range of motion
  • Cracking or popping sounds
  • Inability to perform daily tasks (e.g., dressing, reaching, lifting)
  • Swelling or tenderness

🚗 How Do Torn Rotator Cuffs Happen in Personal Injury Cases?

In personal injury cases, rotator cuff tears often result from sudden trauma rather than degeneration. Common causes include:

  • Car accidents (especially if bracing for impact)
  • Slip-and-fall accidents (landing on an outstretched arm or shoulder)
  • Bicycle or pedestrian accidents
  • Assaults or physical altercations
  • Defective equipment or lack of safety gear

⚖️ Legal Elements in a California Personal Injury Case

To recover compensation, you must prove the rotator cuff tear was caused by another party’s negligence:

  1. Duty of Care – The at-fault party had a responsibility to act with care (e.g., maintain safe premises, drive responsibly).
  2. Breach of Duty – They failed to uphold that duty (e.g., created or ignored a dangerous condition).
  3. Causation – Their actions caused your injury.
  4. Damages – You suffered physical, emotional, and financial harm as a result.

California follows “pure comparative negligence”, so even if you were partially at fault, you can still recover compensation (reduced by your percentage of fault).


💰 Compensation You Can Claim

A torn rotator cuff can severely affect your ability to work and perform daily activities, and recovery may take months or more — sometimes requiring surgery and rehabilitation.

🔹 Economic Damages:

  • Emergency treatment and imaging (MRI, ultrasound)
  • Orthopedic consultations
  • Surgery (e.g., arthroscopic rotator cuff repair)
  • Physical therapy and rehabilitation
  • Prescription medications and medical equipment (slings, braces)
  • Lost income and reduced earning capacity
  • Future medical costs if re-tear or chronic pain develops

🔹 Non-Economic Damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life (e.g., inability to play sports, exercise, or perform hobbies)
  • Loss of consortium (impacts on relationships)
  • Permanent disability or range-of-motion loss

🧾 What Evidence Will Help Your Case?

To maximize compensation, you’ll need solid documentation proving both liability and injury severity.

✅ Collect the following:

  • Medical records and imaging (MRI is often key for confirming the tear)
  • Physician and surgeon reports
  • Treatment plan and therapy records
  • Photos/videos of the accident scene (if applicable)
  • Witness statements
  • Accident/police or incident reports
  • Employment records showing time missed from work
  • Pain journal detailing your daily limitations and discomfort
  • Expert testimony (medical or vocational, if applicable)

⏳ California Statute of Limitations

  • You generally have 2 years from the date of injury to file a personal injury lawsuit in California.
  • If a government agency is involved (e.g., city-maintained sidewalk), you must file a government claim within 6 months.

⏰ Missing these deadlines could mean losing your right to sue — don’t wait.


👨‍⚖️ Why Hire a California Personal Injury Attorney?

Torn rotator cuff injuries are often underestimated by insurance companies, especially if surgery isn’t performed right away. A skilled attorney can:

  • Properly value your case, including long-term impacts
  • Negotiate with insurance adjusters who may downplay soft-tissue injuries
  • Ensure all medical and legal documents are properly gathered and presented
  • Bring in medical experts to validate the seriousness of your condition
  • File a lawsuit if needed and fight for you in court

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”]].

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