A labral tear—an injury to the cartilage lining the shoulder or hip joint—can be extremely painful and limit your range of motion, strength, and ability to work or perform daily activities. If your labral tear was caused by someone else’s negligence in California (e.g., car accident, slip-and-fall, etc.), you may have a personal injury claim and be entitled to compensation for medical bills, lost wages, and pain and suffering.
🧠 What Is a Labral Tear?
The labrum is a ring of cartilage that lines and reinforces the shoulder (glenoid labrum) or hip joint (acetabular labrum). It helps stabilize the joint and allows for smooth movement.
Common Symptoms:
- Pain in the shoulder or hip, especially during movement
- Clicking, catching, or locking sensations
- Limited range of motion
- Weakness or instability in the joint
- Pain while lifting, reaching, or walking
🚧 How Labral Tears Occur in Personal Injury Accidents
In California personal injury cases, labral tears are often caused by acute trauma, not just wear-and-tear. Common scenarios include:
- Car accidents (especially if your shoulder or hip absorbs the impact)
- Slip-and-falls or trip-and-falls (falling on an outstretched arm or twisting the hip)
- Bicycle or motorcycle crashes
- Physical assaults or heavy object trauma
Labral tears are often misdiagnosed or overlooked without proper imaging (like an MRI with contrast), so timely medical evaluation is critical for your case.
⚖️ California Personal Injury Legal Standards
To win compensation, you must prove:
- Duty of care: The at-fault party owed you a legal duty (e.g., driver obeying traffic laws, store keeping floors safe).
- Breach of duty: They failed to act reasonably (e.g., caused a crash, didn’t fix a hazard).
- Causation: Their negligence directly caused your labral tear.
- Damages: You suffered financial, physical, or emotional harm.
✅ California follows pure comparative negligence:
You can recover damages even if you’re partially at fault, with your compensation reduced by your share of liability.
💰 What Compensation Can You Recover?
Labral tears often require physical therapy, injections, or even surgery (like arthroscopic labral repair). Recovery can take weeks to months, and may involve long-term limitations.
🔹 Economic Damages:
- Medical bills (ER visits, orthopedic care)
- MRI scans and imaging
- Arthroscopic surgery
- Physical therapy and rehab
- Prescription medications
- Lost wages
- Future medical treatment or disability-related expenses
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent impairment or reduced mobility
- Loss of consortium (impact on relationships)
📂 What Evidence Strengthens Your Case?
You need to prove that your injury was caused by the accident and show its real-life impact.
✅ Gather:
- MRI reports and diagnostic imaging
- Physician and surgeon reports
- Physical therapy logs
- Photos or videos of the accident or injury aftermath
- Witness statements
- Accident reports (police, incident reports)
- Employment records (to document missed work)
- A pain journal or testimony showing daily challenges
⏳ California Statute of Limitations
- You [generally] have 2 years from the date of injury to file a personal injury claim.
- If a government agency (e.g., a fall on city property) is involved, you must file a claim within 6 months.
⚠️ Missing the deadline means you may lose your right to sue.
👨⚖️ Why You Should Hire a California Injury Attorney
Labral tears are soft tissue injuries, which insurance companies often try to downplay or attribute to pre-existing conditions. A skilled attorney can:
- Connect your injury to the incident
- Use medical experts to explain why it’s serious and accident-related
- Negotiate for a full settlement or file a lawsuit if necessary
- Help you maximize recovery for both current and future harm
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”]].