Shoulder injuries, particularly torn rotator cuffs, are common after car accidents in Richmond. These injuries can limit your ability to work, care for your family, or perform everyday activities like getting dressed or reaching overhead.
If you've suffered a shoulder injury due to another driver's negligence, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. The Richmond car accident lawyers at The Mottley Law Firm can help you understand your legal options for pursuing fair compensation.
Why Shoulder Injuries Are Common in Car Crashes
Shoulder injuries frequently occur in car accidents due to the physics involved during a collision. Understanding how these injuries happen can help establish the connection between your accident and injury.
- Direct impact. Your shoulder might strike the door, window, dashboard, or steering wheel during the collision. This direct trauma can tear the rotator cuff tendons.
- Bracing for impact. Many drivers instinctively grip the steering wheel tightly when they see a crash coming. This reflex action puts tremendous stress on the shoulder joint.
- Seat belt trauma. While seat belts save lives, the restraining force across your chest and shoulder during a sudden stop can cause significant shoulder strain.
- Secondary injuries. Sometimes the shoulder injury occurs not from the initial impact but from being thrown around inside the vehicle or during airbag deployment.
Types of Shoulder Injuries in Car Accidents
Car accidents can cause a variety of different shoulder injuries:
- Rotator cuff tears. Torn rotator cuffs affect the group of muscles and tendons that stabilize your shoulder joint. They range from partial to complete tears and can significantly limit your arm movement.
- Shoulder fractures. The impact can break bones in your shoulder, including the clavicle (collarbone), scapula (shoulder blade), or humerus (upper arm bone).
- Shoulder dislocation. The violent forces in a crash can push your upper arm bone out of the shoulder socket.
- Labral tears. The labrum is cartilage that deepens the shoulder socket and helps keep the joint stable. Tears to this structure are painful and can cause shoulder instability.
- Shoulder impingement. Swelling of tendons in the shoulder can cause them to rub against the shoulder blade, causing pain and limiting motion.
Proving Your Shoulder Injury Car Accident Claim
Virginia's personal injury laws present unique challenges for car accident victims seeking compensation for shoulder injuries.
Pure Contributory Negligence
Virginia follows the strict contributory negligence doctrine, which means if you're found even 1% responsible for the accident, you may be barred from recovering any compensation.
Pre-Existing Conditions
Insurance companies often argue that rotator cuff tears resulted from age-related degeneration rather than the accident. This is particularly common with rotator cuff injuries, as these can develop gradually over time. A Richmond car accident lawyer can work with medical experts to prove your injury resulted from the crash, not from pre-existing conditions.
Statute of Limitations
In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit under Code of Virginia § 8.01-243. Missing this deadline typically means losing your right to compensation.
Full and Fair Compensation
Properly value your claim. Many accident victims underestimate the long-term impact of shoulder injuries. Your Virginia accident lawyer can ensure all current and future damages are included when seeking recovery. Don't let the insurance company minimize your shoulder injury.
Documenting and Treating Your Shoulder Injury
Proper documentation and treatment are essential not only for your physical recovery but also for building a strong legal case.
First, be sure to seek immediate medical attention. Even if your shoulder pain seems minor initially, see a doctor right away. Some shoulder injuries may not cause severe pain immediately but can worsen without treatment.
Follow your treatment plan and keep detailed records. Attend all recommended follow-up appointments and physical therapy sessions. Gaps in treatment can weaken your claim. It’s helpful to maintain a journal documenting your pain levels and limitations in daily activities.
Diagnostic tests like MRIs, X-rays, and ultrasounds also provide objective evidence of your injury that can be presented to insurance companies or a jury.
Calculating Damages for Your Shoulder Injury Claim
A torn rotator cuff can lead to substantial damages. Your claim may include:
- Medical expenses. This includes emergency care, diagnostic tests, surgery, physical therapy, medications, and assistive devices. Rotator cuff surgery can cost $20,000 or more without insurance.
- Lost income. Compensation for time missed from work and reduced earning capacity if your injury prevents you from returning to your previous job.
- Pain and suffering. Non-economic damages for physical pain and emotional distress caused by your injury.
For example, a dental hygienist with a torn rotator cuff might be unable to maintain the repetitive arm movements required for their job, potentially forcing a career change with lower pay.
