Shoulder Pain Lawsuits
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What Are Some Common Causes of Shoulder Pain?
Shoulder pain is a unique condition because unlike other types of pain, shoulder pain can reduce or prevent shoulder motion altogether. Some shoulder pain conditions are so severe that the shoulder becomes “frozen”, or unable to move in a wide degree of motion. Shoulder pain may involve a combination of factors, including impinged nerves or weakened muscles.
Some common causes of shoulder pain or shoulder injury include:
- Reaching above head for objects (for instance, airline attendants who help passengers store luggage above head)
- Lifting heavy objects
- Throwing or catching objects repeatedly
- Pulling or pushing heavy objects
- Overexertion (using the shoulder after it is already fatigued)
- Direct injury to the shoulder injury through contact
Can I Recover Damages for Shoulder Pain?
Shoulder pain injuries can often lead to a recovery of legal damages. Here, the plaintiff would need to prove that the defendant party caused their injury, and that the injury is real and not imagined. This last part can be difficult to prove in a case that involves only pain and no other symptoms. In other cases, reduced mobility can help prove a shoulder injury, but an expert medical witness may be needed to diagnose shoulder pain.
Also, one issue with shoulder pain is the idea of pre-existing injuries. Shoulder injuries are often subject to re-injury due to frequent use of the shoulder joint. Recovery of damages may be limited or sometimes even prohibited if the defendant simply re-aggravated an existing injury.
Lastly, the plaintiff’s own negligence can bar recovery of damages (depending on state laws). For instance, if the plaintiff was negligent and suffered a slip and fall, they may be awarded a reduced damages award, or they might not be allowed to collect at all. These types of issues can be complex and may require the assistance of a lawyer.
Seeking Legal Help for Shoulder Pain Issues
A legal claim for a shoulder pain injury can often require extensive proof and evidence. You may need to hire a personal injury lawyer if you have suffered an injury and require legal representation. Your attorney can provide you with advice on your claim, and can assist you during the court trial process.
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Last Modified: 11-24-2014 04:10 PM PST
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