Shoulder impingement is a painful condition that can severely limit mobility and function of the arm. In a California personal injury case, if your shoulder impingement was caused by someone else’s negligence—such as in a car crash or slip-and-fall—you may be entitled to compensation for medical expenses, lost income, pain and suffering, and more.
🦴 What Is Shoulder Impingement?
Shoulder impingement (also called impingement syndrome) occurs when the rotator cuff tendons or the bursa (a fluid-filled sac) in the shoulder become compressed between the upper arm bone (humerus) and the shoulder blade (acromion). This causes inflammation, pain, and limited range of motion.
Common Symptoms:
- Sharp or aching pain, especially when raising your arm overhead
- Pain while sleeping on the affected shoulder
- Stiffness or weakness
- Clicking or popping sounds
- Difficulty reaching behind your back or lifting objects
🚗 How Shoulder Impingement Occurs in Personal Injury Cases
While impingement can develop from repetitive strain over time, in personal injury claims, it’s often the result of traumatic events such as:
- Car accidents (especially rear-end collisions where seatbelts restrain the upper body)
- Slip-and-fall accidents (where the arm or shoulder is overextended or hits the ground)
- Blunt trauma from falling objects or physical assaults
- Bicycle or motorcycle crashes
- Defective safety equipment or poorly maintained premises
💡 Shoulder impingement is sometimes misdiagnosed or overlooked, especially early on, making medical documentation crucial for your case.
⚖️ Legal Framework in a California Personal Injury Case
To succeed in a California personal injury claim, you must prove:
- Duty of care – The at-fault party had a responsibility to act with reasonable care (e.g., property maintenance, safe driving).
- Breach of duty – They failed in that duty (e.g., failed to fix a hazard or caused an accident).
- Causation – Their negligence directly caused your shoulder impingement.
- Damages – You suffered measurable harm (physical, emotional, financial).
🔁 California’s Pure Comparative Negligence Rule:
You can still recover damages even if you’re partially at fault. Your compensation will simply be reduced by your percentage of responsibility.
💰 Compensation You Can Recover
Shoulder impingement may limit your ability to work, care for yourself, or participate in activities — sometimes for months or longer.
🔹 Economic Damages:
- Medical treatment (doctors, specialists, imaging)
- MRI/X-ray or ultrasound diagnostics
- Physical therapy
- Cortisone injections or anti-inflammatory medication
- Shoulder surgery (e.g., arthroscopic decompression, if conservative care fails)
- Lost wages or future reduced earning capacity
- Out-of-pocket expenses (medical equipment, transportation)
🔹 Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life (limited mobility, inability to exercise or engage in hobbies)
- Emotional distress
- Loss of consortium (impact on relationships)
- Permanent disability or long-term impairment
🧾 What Evidence Strengthens Your Case?
You’ll need to connect the injury to the accident and show how it’s impacted your life. Critical evidence includes:
✅ Gather:
- Medical records (doctor’s notes, diagnostic results)
- Treatment logs from physical therapy
- MRI or imaging results
- Photos or videos from the accident scene
- Witness statements
- Accident reports
- Pay stubs or proof of lost income
- Personal pain journal documenting daily struggles and limitations
⏳ California Statute of Limitations
- Personal injury claims must be filed within 2 years of the injury date.
- Claims against a government entity must be filed within 6 months.
⏰ Failing to act in time could bar you from recovering compensation.
👨⚖️ Why Hire a California Personal Injury Attorney?
Insurance companies often argue that shoulder impingement is pre-existing or not serious. A skilled lawyer can:
- Connect the injury to the accident using medical records and expert testimony
- Accurately value your claim, including future care
- Negotiate with insurers who may offer low settlements
- Represent you in court if necessary
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”]].