TL;DR
Shoulder injuries from accidents often get brushed off as old problems. That’s because MRIs usually show some wear from getting older. But that normal wear and the new damage from a crash aren’t the same thing. In California, the eggshell plaintiff rule says the person who caused the crash has to pay for what happened, even if your shoulder wasn’t perfect before.
Three days after the crash, you try to reach for something on a shelf. Your shoulder just stops moving. This isn’t soreness. Something feels wrong. You get an MRI. The doctor’s report says you have a partial tear in your rotator cuff. Then you spot a few words in the same paragraph: degenerative changes, which just means your shoulder is showing some signs of age.
The insurance adjuster reads your report. Right away, they say the injury was already there. They claim the crash didn’t cause it. Prove it, they say. If you’ve ever talked to a shoulder injury lawyer, you know they hear this excuse all the time. They also know exactly why it doesn’t add up.
1. Why Shoulder Injuries Are One of the Most Contested Claims in Personal Injury
The rotator cuff is what keeps your shoulder working. It’s made of muscles and tendons. Over time, it takes a beating. Even if you’ve never had a bad injury, once you hit your 40s or 50s, your MRI will probably show some wear. Insurers know this, and they use it to their advantage.
They say the damage was there before the crash. If it wasn’t from the crash, they don’t have to pay much. This argument sounds simple. It works when the medical records don’t have enough detail. But it falls apart when you know what “degenerative changes” really mean, and what they don’t.
Doctors say about 400,000 to 500,000 people in the United States have surgery for rotator cuff problems every year. Many of those people already had some wear and tear. A crash made things worse. Just because a shoulder had a little wear doesn’t mean it couldn’t be seriously hurt in a crash. In fact, it can make a bad tear more likely. That’s not just opinion. That’s what the science says. A shoulder injury attorney will build your case around this fact.
2. The Degenerative Changes Argument Has a Specific Weakness. Here’s What It Is.
Degenerative changes just mean your shoulder has aged a bit. They show what happens to tissue over time. A rotator cuff tear is different. That’s a tear. It’s a break. They’re not the same thing. One does not cause the other, and seeing both on an MRI doesn’t mean the crash did nothing.
What the insurer is really doing is mixing up normal wear with a sudden injury. Imagine your tire has a little tread wear. It still works. Then you hit a pothole. The tire blows out. The wear might have made the blowout easier, but the crash is what did the damage. That’s the point. California law backs this up. The eggshell plaintiff rule says the person who caused the crash is on the hook for all the harm the crash caused, even if your shoulder wasn’t perfect before.
At the Law Offices of John C. Ye, our rotator cuff injury lawyers make this clear. We bring in orthopedic experts who explain the difference between old wear and fresh damage. If the expert can show how the crash happened, how hard the hit was, and how the shoulder tore, it’s tough for the insurance company to hide behind the old injury argument.
3. How Can You Tell If a Crash Really Caused the Shoulder Injury?
The best proof in a shoulder case is a record from before the crash. If you had a shoulder checkup earlier, those old records show what your shoulder looked like before anything bad happened. If you don’t have those records, things get trickier, but it’s not a lost cause.
A personal injury lawyer for a shoulder injury will study how the tear looks. Some tears go all the way through. Some have a shape doctors see after sudden injuries. These are different from slow, age-related changes. How the crash happened is important too. If a seatbelt pulled your shoulder forward, hit an airbag, or slammed against a door, that kind of force can leave patterns experts know are from a crash, not from getting older.
Your own story matters a lot. If your shoulder felt fine before the accident, but after the crash you couldn’t lift your arm, that tells a story. If your doctor writes down these changes from the first visit, that’s the kind of record your case needs.
4. What Shoulder Injury Compensation Actually Looks Like in California
Rotator cuff surgery in California is expensive. Most people guess low. Surgery alone can cost a lot. Add in anesthesia, hospital bills, and physical therapy after, and the price can shoot up. That’s before even thinking about the paychecks you’ll miss during the four to six months it takes to heal.
A shoulder injury compensation lawyer looks at the whole picture, not just the bills in front of you. You could need more surgery down the road, or months of therapy. You might miss work for weeks or months. Sometimes, people can’t do the job they once did, even after they heal. There’s also pain and frustration. Your shoulder might never feel the same again. In California, there’s no limit on what you can get for this kind of pain in most cases.
Frequently Asked Questions
Can I Still Get Compensation If My MRI Shows Old Wear?
Yes, you can. In California, the eggshell plaintiff rule says the person who caused the crash is responsible for all the harm the crash caused, even if your shoulder wasn’t perfect before. Old wear doesn’t erase your claim. Instead, your doctor and your lawyer will draw the line between what was there before and what the crash did.
What’s the Eggshell Plaintiff Rule? Why Does It Matter for Shoulder Injuries?
This rule means the other side has to take you as they find you. If your shoulder already had some wear, but the crash made it much worse, the at-fault party pays for all the harm the crash caused, including how much worse it made your shoulder. They can’t escape responsibility just because your shoulder wasn’t in perfect shape.
How Do You Prove the Crash Caused the Rotator Cuff Tear?
Doctors look at the pattern of the tear and how the accident happened. Some tears have a clear shape that fits with a crash, not normal aging. If you had no problems before, but suddenly can’t move your arm after the crash, that timeline also helps prove your case.
What Does Rotator Cuff Surgery Cost? Will Insurance Pay?
In California, surgery and physical therapy can cost more than $50,000. That’s a big number. Yes, these costs are part of your claim. You can also ask for money for future medical care, lost pay, and pain from the injury.
How Long Does It Take to Heal After a Rotator Cuff Injury?
Most people need four to six months to recover from surgery. Some need even longer. That time away from work and all the therapy should be counted in your claim. Your doctor should keep good notes from the start. For a similar injury, see what drives the value of a knee injury settlement.
How Much Time Do I Have to File a Claim in California?
You usually have two years from the injury date to file a lawsuit. If a government vehicle was involved, you only get six months to start your claim. Don’t wait. The sooner you see a doctor and keep records, the better for your case.
What If My Shoulder Injury Didn’t Show Up on the First Test?
Not every tear shows up right away. Sometimes, pain starts days after the crash. If you see a doctor as soon as it starts and keep going back, you build a strong case. A later MRI or ultrasound often finds what the first test missed.
Pre-Existing Wear Is Not the Same as a Pre-Existing Injury
An MRI might show your shoulder has gotten older. That’s normal. It doesn’t mean the crash didn’t hurt you. It just means your shoulder has a history. The crash is what did the damage. California law makes that clear, and so does a lawyer who deals with these cases every day.
We can look at your case and explain your rights in plain language.
Key Takeaways
- If your MRI says “degenerative changes,” it just means your shoulder had some wear before the crash. That’s not an injury. A crash can tear through tissue that was already a little weak, and the person who caused the crash still has to pay for that new damage.
- California’s eggshell plaintiff rule is on your side. It means the other party can’t escape blame just because your shoulder wasn’t perfect before. Old wear doesn’t make your claim weaker.
- Expert doctors matter a lot in these cases. Their testimony shows the difference between normal wear and the damage from the crash. This can make or break your case.
- Rotator cuff surgery and recovery in California are expensive. The bill can go over $50,000, plus you might miss months of work. If your injury changes how you live your life, you can also get money for the pain and trouble. California law doesn’t put a limit on these damages in most cases.
