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:
- Duty of Care – The at-fault party had a responsibility to act with care (e.g., maintain safe premises, drive responsibly).
- Breach of Duty – They failed to uphold that duty (e.g., created or ignored a dangerous condition).
- Causation – Their actions caused your injury.
- 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”]].