SANTA CLARITA SHOULDER INJURY ATTORNEY

It is possible to have a rotator cuff injury from an automobile accident. The rotator cuff is the name of the four muscles and tendons that form the shoulder joint. Basically, the rotator cuff aids the shoulder's ability to have a wide range of motion. Interestingly, the shoulder has a very wide range of motion when compared to other joints in the body. A healthy rotator cuff is very important for allowing you to do daily routine tasks such as getting dressed.

Sometimes there is a tear in the rotator cuff when one of the four muscles and tendons are injured. Most often, rotator cuff injuries occur from repetitive use, but sometimes they can be caused by traumatic injury. Repetitive use is often associated with activities such as overhead lifting or sports, but sometimes a forceful collision like an automobile accident can cause a rotator cuff tear.

The accident most associated with a rotator cuff tear is the classic rear-end accident. Sometimes, when anticipating a rear-end collision, a person looks in their rearview mirror just before impact. At that moment, they brace their hands against the steering wheel in anticipation of the impact. Unfortunately, doing so can sometimes lead to injury of the rotator cuff. This is because the shoulder is in an "unrelaxed" state when the body braces for impact, and therefore, the shoulder absorbs a large amount of force from the accident. An acute tear can occur from this type of accident.

If you feel pain in the shoulder after a car accident and have trouble sleeping, putting pressure on your shoulder, rotating your arms, or you experience a popping or clicking sound in your arm, you may have a rotator cuff tear. Your physician can diagnose one, but early diagnosis is important.

Many of my clients often overlook the possibility of a rotator cuff tear because they simply don't consider it. Make sure you mention your injury to a doctor so it can be properly diagnosed. Rotator cuff tears may require surgical intervention if physical therapy and other approaches are unsuccessful.

The AC Joint

The AC joint can also be injured in a car accident. Generally speaking, the ligaments that support the AC joint can be injured in an auto accident. Sometimes, AC joint separation is also known as "shoulder separation." The AC joint is formed where the clavicle and the scapula meet, generally at the highest part of the shoulder. The two bones that form the joint attach by a ligament that can be damaged. Sometimes there is damage to the muscle as well.

The AC joint is most often injured when there is direct contact to the shoulder. Some insurance companies will doubt the AC joint injury if there is no evidence of direct impact to the shoulder. However, with the proper medical diagnosis, medical documentation, and the absence of joint separation in previous medical records, some insurance companies can be convinced that the AC joint injury was from the accident. They will doubt it at first, in my experience, questioning the "mechanism of injury."

Symptoms can include pain in the collarbone area that spreads through the shoulder. Sometimes there is swelling where the joint has been disrupted. Often there is pain when moving the shoulder, especially when trying to raise the arm high above the shoulder. It's possible to have an AC joint shoulder separation from an accident. Just make sure you tell all your doctors so that your injury can be well-documented. This isn't the time to take a "wait and see" approach.

The Law Protects You Even With a Pre-Existing Shoulder Condition

Insurance companies often argue that a shoulder injury — particularly a rotator cuff tear — was really just pre-existing degeneration rather than something caused by the accident. California law has a clear answer to this argument: the "eggshell plaintiff" rule. Under this well-established principle, a negligent party must take the victim as they find them — meaning that even if an accident aggravated a pre-existing but previously manageable or asymptomatic shoulder condition, the at-fault party is still responsible for the harm that resulted. This doesn't mean these cases are automatically easy to prove, but it does mean a prior shoulder issue is not, by itself, a reason to deny a legitimate claim.

Frequently Asked Questions

If I had shoulder problems before the accident, can I still have a case?

Yes. Under California's "eggshell plaintiff" rule, a negligent party is responsible for aggravating a pre-existing condition, even one that was previously asymptomatic or well-managed. Prior shoulder issues don't automatically disqualify a claim, though clear medical documentation of the change after the accident is important.

Why do insurance companies question low-speed accidents more than others?

Insurers often argue that a lower-speed collision couldn't generate enough force to cause a rotator cuff tear or AC joint separation. This is exactly the kind of "mechanism of injury" doubt described above — prompt medical evaluation and clear documentation are the best way to address it.

How long do I have to file a shoulder injury claim in California?

In most cases, California law gives you two years from the date of the accident to file a personal injury claim.

Talk to a Santa Clarita Shoulder Injury Attorney Today

​Robert Mansour can help advise you regarding your case.  He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case.  You can also fill out our Free Case Evaluation form.

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