NY Shoulder Injuries
Shoulder trauma suffered in a fall can affect the bones, joints and soft tissue. The injuries are often very painful and limit mobility. Treatment may require surgery and, in some cases, the injury and resulting limitations can be permanent.
When a shoulder injury occurs due to a fall that was caused by unsafe conditions or inadequate maintenance on someone else’s property, the owners or renters may be held legally liable for their negligence.
At David Resnick & Associates, P.C., our New York slip and fall accident lawyers represent people who have sustained shoulder injuries in falls caused by the negligence of property owners and occupants. We have the experience, resources and legal knowledge necessary to help fall victims obtain full compensation for their losses.
Call us today to schedule a free consultation to get answers to important questions such as:
- Does my shoulder injury give rise to a slip and fall claim?
- What should I expect if I make a claim for my fall-related shoulder injury?
- What kinds of compensation are available for the shoulder injuries caused by my fall?
Types of Shoulder Injuries from Falls in New York City
Falls can cause many types of shoulder injuries, including:
- A broken scapula (shoulder blade)
- A broken clavicle (collar bone)
- A broken humerus (upper arm bone)
- Dislocation of the glenohumeral joint
- Dislocation of the acromioclavicular joint
- Dislocation of the sternoclavicular joint
- Rotator cuff tears
- Labral tears
- Other soft tissue injuries.
Legal Claims Over Shoulder Injuries in Falls
In a situation where you have fallen on someone else’s property, the key factors that determine whether your shoulder injuries can give rise to a slip and fall claim include whether the:
- Property owner or renter failed to live up to obligations to keep the property reasonably safe. These obligations differ depending upon why you were at the property (for example, whether you were a household guest or a customer in a store).
- Shoulder injury you sustained was a direct result of the property owner’s failure to ensure the property was reasonably safe for visitors.
You may need a medical expert to testify that the fall you sustained could have caused the injury you endured. You may also need to petition the court to obtain maintenance records on the property or to subpoena witnesses to testify about how your shoulder injury happened.
At David Resnick & Associates, P.C., our legal team has extensive experience investigating claims involving shoulder injuries in falls. We know how to obtain the evidence necessary to prove a slip and fall claim.
What Should I Expect if I File a Shoulder Injury Lawsuit?
When you make a claim for shoulder injury arising from a slip and fall, you could settle out of court with the defendant’s insurance company or take your claim to court.
The defendant may be a government agency that failed to live up to its maintenance obligations on public property. Hotel, restaurant and store owners are also commonly accused of failure to maintain property in a safe way. Even individual homeowners can be defendants in fall cases.
Before accepting any settlement offer, be sure you understand the full financial consequences of the shoulder injury you sustained. Injuries may not always heal correctly, so do not sign any settlement paperwork until you know the lasting impact of the damage and until a lawyer has reviewed the agreement.
If your case does not settle, you may go to court, where you will need to prove the defendant should be held responsible for your shoulder injuries. You will also need to demonstrate how badly you were harmed. An attorney can help secure testimony from experts and the medical information needed to prove your case.
Compensation for Shoulder Injuries in Falls
The amount of compensation you could receive may vary depending on the extent of your shoulder injuries. You may recover compensation for medical bills, lost income, pain and suffering, emotional distress and more.
Many shoulder injuries require surgery. Displaced clavicle fractures, for example, heal after an average of 16 weeks with surgical intervention, but heal after an average of 28 weeks without intervention. Patients who do not undergo surgery also have a 30 percent nonunion rate, while the rate for the group undergoing surgery is much lower.
The costs of the surgery and ongoing care may be covered, although you may need medical experts to testify about expected future expenses.
At David Resnick & Associates, P.C., our New York City attorneys help people who have sustained shoulder injuries as a result of falls. We have the knowledge, the legal experience and the network of experts needed for success.
Call us today or fill out our contact form to learn more.