Shoulder Injury After an Accident | Lawsuits and Settlements

Shoulder Injury After an Accident | Lawsuits and Settlements

The stress experienced during a car crash causes all the muscles in the body to become tense. When the stress ends, the muscles will release the tension. However, this tensing of the muscles can lead to an injury, even when an accident is minor. In addition, due to the body’s natural reaction of releasing hormones (e.g., adrenalin) to assist the body as it deals with stress, a shoulder injury from a car accident may not reveal itself right away. For this reason, seeking medical treatment directly after any automobile accident is recommended.

The Shoulder Joint Consists of Three Bones

Shoulder joints consist of three bones: the collarbone (clavicle), the shoulder blade (scapula) and the upper arm bone (humerus). The shoulders tend to be somewhat unstable: This instability results from the ball of the upper arm being larger than the socket holding it. As such, for the shoulder to remain stable and in the proper position, it must be anchored by the surrounding tendons, muscles, and ligaments.

Shoulder Injuries Caused by Seat Belts

If you suffered a shoulder injury due to your seat belt, you are not alone. The seatbelt crosses the shoulder, which is why shoulder injuries are a common occurrence during motor vehicle accidents. Even so, the National Highway Safety Administration (NHTSA) and law enforcement still recommend the use of a seat belt: Keep in mind that wearing a seat belt is the law. Moreover, while a shoulder injury during an automobile accident can result, the seat belt may very well save your life:  According to the NHTSA, seat belts saved almost 14,000 lives in 2015.

Common Shoulder Injuries from Car Accidents

Usually, it is the muscles, tendons, and ligaments of the shoulders that become injured during a motor vehicle accident.

There are two categories that the medical field uses when diagnosing shoulder injuries:

  1. Instability – this injury occurs when the shoulder joints are misaligned. The symptoms associated with this category of shoulder injury includes pain upon raising the arm and/or the feeling that the shoulder is not in the right place.
  2. Impingement – this injury occurs when the shoulder blade and shoulder muscles rub against one another: However, impingement usually results from repetitive overhead arm movements (rarely due to a car accident).

Shoulder Strains and Sprains After an Accident

The term strain refers to a condition in which a tendon or muscle has become stretched, or torn. Symptoms of a strain include swelling, muscle spasms, cramping, pain and difficulty moving the shoulder.

The term sprain refers to a condition in which a ligament is stretched or torn. The ligaments are responsible for connecting the bones at the shoulder joint. Symptoms of a shoulder sprain include bruising, swelling, pain, an inability to move the shoulder altogether. At the time of injury, a pop or tear may be felt.

A Shoulder Dislocation After an Accident

A dislocation is a joint injury characterized by the ends of the bones being positioned incorrectly. A dislocated shoulder will be swollen, extremely painful and noticeably out of place. In addition, moving it may be impossible.

A dislocated shoulder is an emergency; therefore, seeking treatment directly following a car accident is essential. The shoulder may need to be repositioned and medicine for the shoulder pain can be provided. Initially, a sling or splint might need to be worn; however, eventually, rehabilitation treatments will begin.

Unfortunately, once any joint is dislocated, the chances of a recurrence is likely.

Rotator Cuff Injuries After an Accident

The rotator cuff consists of tendons and muscles that help the shoulder move: These muscles and tendons also assist with maintaining stability. During an automobile accident, the rotator cuff may become torn, the tendons might be inflamed (tendinitis) or the fluid filled sac (bursa) may become irritated and swollen (bursitis).

Some rotator cuff tears are extremely painful; whereas, others are not.

A ‘No Fault’ Insurance State, Explained

Since New York is a ‘no-fault’ insurance state, after a car accident, you are required to contact your own insurance company to inform them about the accident: The no-fault insurance will pay up to $50,000 for your medical expenses and lost wages; however, it will not cover loss of property or pain and suffering. In order to be compensated for these losses, you need to file a personal injury claim to and seek a shoulder injury settlement.

To receive compensation in this type of case, you have to prove that you have been seriously injured.

Should Injury Settlements

While some damages are easy to calculate, others require the skill of a knowledgeable Personal Injury Lawyer. Medical bills and lost wages are considered ‘concrete losses’ because they can be calculated using a paper trail; however, determining pain and suffering, loss of quality of life, and future lost wages are ‘not concrete.’ For these reasons, calculating a car accident shoulder injury settlement cannot be completed until all the evidence is gathered.

If you have a shoulder injury due to a car accident and you are having difficulty with your no-fault insurance company, contact The Law Office of Siler & Ingber LLP today at to schedule your free case review. Moreover, if you would like to seek compensation for lost property as well as for pain and suffering, we may be able to help.

Share this post

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content