We can tell you whether your shoulder injury means you have a case and what it might be worth. Managing Attorney Rob Hartigan has handled shoulder injury cases for years and knows how they need to be built, from the medical documentation to the choice of experts. If you were injured in Massachusetts or Georgia (where our offices are located), we can help.  We have offices in Boston and Atlanta. You can contact Lionhart Injury Law today for a free consultation, or read on to find out more about shoulder injuries and what you can expect.

Examples of Shoulder Injuries That Might Justify a Lawsuit

Shoulder injuries take a lot of different forms, and we handle all of them. Rotator cuff tears (partial and full-thickness), labrum and SLAP tears, shoulder dislocations, AC joint separations, proximal humerus fractures, clavicle fractures, and secondary conditions like frozen shoulder that develop after the initial injury. The legal analysis and the case-building process vary depending on the specific injury, but the starting point is the same: someone else caused it, and should be held responsible.

Shoulder Injury Cases Are Heavily Contested

Shoulder injury cases are frequently disputed by insurance companies, particularly where preexisting degeneration is alleged. The cases require careful medical documentation, the right experts, and a lawyer who has handled them before. A shoulder injury that is poorly documented or poorly presented can be undervalued, even when the injury itself is serious and the liability is clear.

Insurance Company Tactics & Shoulder Injuries

The insurance company’s favorite argument in shoulder injury cases is that the damage was already there before the accident. Rotator cuff degeneration is common as people age, and MRI findings don’t always make it obvious whether a tear is new or old. Defense experts may argue the condition was degenerative or preexisting, regardless of the fact that you had no shoulder problems before the accident happened.

Because of this, the case must be built with medical documentation that establishes the timeline clearly. No prior symptoms, a traumatic event, and the onset of problems immediately after. Building the medical record to support the timeline matters a lot in these cases, and it’s something we know how to do.

If you’re under 40, this defense is harder for the insurance company to use, because age-related degeneration is far less common. That can work in your favor. If you’re over 40, the argument is more available to the defense, but it’s not a winning one when the case is built properly.

Shoulder Injuries from Car, Truck & Rideshare Accidents

The at-fault driver is the obvious defendant, but not always the only meaningful source of recovery. Many drivers carry only the state minimum in liability coverage. This is rarely enough to cover a shoulder injury that requires surgery and rehabilitation.

The cases that pay out fully are usually the ones where we identify additional parties with insurance behind them. That can mean:

• The driver’s employer, if the driver was working at the time.
• A trucking company. Federal law requires some commercial trucks to carry at least $750,000 in liability insurance depending on what they’re hauling.
• Uber or Lyft. Rideshare accidents can involve up to $1 million in coverage depending on the driver’s status at the time of the crash.
• A vehicle manufacturer, if a defect contributed to the injury.
• A government entity responsible for a dangerous road condition.
• A bar or restaurant that unlawfully served an intoxicated driver, under Massachusetts or Georgia dram shop law.

Part of what we do is find every party that could be responsible. That’s often the difference between a settlement that covers your medical bills and one that covers your whole loss.

Shoulder Injuries from Construction Site Accidents

Many injured construction workers assume workers’ comp is the only path. Workers’ comp covers medical bills and a portion of lost wages, with no need to prove fault. What it doesn’t cover is pain and suffering, full lost earnings, or the long-term impact on your ability to work. These are often the largest parts of what a serious shoulder injury case is worth.

In most cases, workers’ comp is the exclusive remedy against your employer. But it is not your only remedy.

If someone other than your employer contributed to the injury, you can bring a third-party personal injury claim in addition to your workers’ comp claim. On a busy construction site, that often includes:

• Other contractors or subcontractors whose negligence created the hazard.
• A general contractor or property owner who allowed dangerous conditions to persist.
• The manufacturer, distributor, or seller of a defective tool, piece of equipment, or safety gear.

Figuring out whether a third-party claim exists requires digging into the facts of the case. Who was there, who controlled what, and what went wrong. That’s what we do.

(Note: We do not represent clients in workers’ compensation cases. However, we do handle the third-party personal injury claims that arise alongside workers’ comp. These are the claims that recover what workers’ comp can’t.)

Shoulder Injuries on Someone Else’s Property

The legal question is whether the property owner or occupier kept the place reasonably safe.

Property owners owe a duty of care to people lawfully on the property. If they knew about a hazard, or should have known about it through reasonable inspection, and didn’t fix it or warn people, and that hazard caused your injury, they can be held responsible.

Property owners don’t get off the hook just by claiming they didn’t see the ice patch, didn’t notice the broken step, or didn’t know the handrail was loose. Whether the owner is liable depends on the specific facts, including how long the hazard existed, how visible it was, and what the owner did or didn’t do to address it.

Premises cases can involve a wide range of defendants, such as landlords, property management companies, grocery stores, retail chains, restaurants, hotels, office buildings, municipalities, or housing authorities. The defendant is usually whoever controlled the property conditions, which isn’t always whoever holds the title.

If you were hurt on someone else’s property and believe the condition that caused it should have been addressed, we can look at the facts and tell you whether there’s a case.

Other Causes of Shoulder Injuries

We’ve focused on the scenarios we handle most often. If your situation isn’t described on this page, the underlying legal questions are the same. Was someone else at fault, and can that person be held responsible? We’ll get the answer.

Working With Us

Lionhart Injury Law handles these cases personally. You won’t be passed off to a paralegal or a junior associate. The consultation is free, there’s no fee unless we win, and we handle the insurance companies, the paperwork, and the litigation so you can focus on your treatment and recovery.

If you have a shoulder injury caused by someone else’s negligence, and you’re in Massachusetts or Georgia, contact Lionhart Injury Law to discuss your situation.