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M, Bentley

Thank you for taking my case and being so kind and considerate and never forgetting to update me on where we were in the process. Thank you Scott and Catalina and anyone else that worked on my case.

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I was in an accident and hired this law firm to represent me, I was very satisfied with the outcome. If I have more legal needs in the future I will give them a call.

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A serious shoulder injury can turn your life upside down. When you’ve been hurt in a work accident, vehicle collision, slip and fall, or other incident due to someone else’s negligence, you deserve experienced legal representation that understands both the medical complexity and legal implications of your injury.

Shoulder and rotator cuff injuries are particularly debilitating, causing significant pain, severely limiting movement, and often requiring months or even years of medical treatment, surgery, and physical therapy. Our shoulders are essential for everyday activities like carrying items, driving, dressing, cooking, and working. When these injuries occur, they can prevent you from performing even the simplest tasks and eliminate your ability to work and earn income.

At Blumenshine Law Group, our Chicago shoulder injury attorneys have successfully represented victims of shoulder and rotator cuff injuries across Illinois, securing millions in settlements and verdicts over the past three decades. We understand the unique challenges these cases present and have the medical knowledge, legal expertise, and negotiation skills to maximize your compensation.

Call (312) 766-1000 for a free consultation. We work on a contingency basis—no fee unless we win your case.

shoulder injury claims

Common Causes of Shoulder Injuries

Shoulder and rotator cuff injuries can result from various accidents. Understanding how your injury occurred is crucial to determining liability and pursuing compensation.

Motor Vehicle Accidents

Workplace Accidents

Slip and Fall Accidents

Other Common Causes

No matter how your shoulder injury occurred, if it resulted from someone else’s negligence, you have the right to pursue compensation. Call (312) 766-1000 to discuss your specific situation.

Types of Shoulder Injuries

Various shoulder injuries and disorders can arise when you have sustained trauma in an accident. While most injuries are immediately apparent because of pain or limited movement, sometimes, shoulder trauma effects do not show up for days or weeks after an incident.

According to the U.S. Library of Medicine’s Medline Plus, injury victims may experience:

  •  Adhesive Capsulitis (frozen shoulder)
  •  Fractures of the clavicle, humerus, and scapula.
  •  Acromioclavicular (AC) joint injury
  •  Biceps injury
  •  Rotator cuff tendonitis
  •  Rotator cuff impingement
  • Superior Labrum Anterior and Posterior (SLAP) tear
  •  Torn rotator cuff
  •  Joint Separation
  •  Rotator cuff strain
  •  Deltoid and supraspinatus injury
  •  Infraspinatus muscle injury

Each shoulder injury, especially those affecting the rotator cuff, has distinct symptoms, treatments, and prognoses. Some injuries may only require a few months to recover, while others can take years to heal, if at all.  

Rotator cuff injuries sustained in accidents are typically more severe than frozen shoulders or bicep tears, although the latter are still painful. Surgery or ultrasound-guided platelet-rich plasma injections (PRP) could be treatment options. Physical therapy and medications are typically prescribed. With any serious injury like rotator cuff tears or impingements, medical treatment costs add up quickly.

What makes matters worse for shoulder injury victims is that the average time to return to unrestricted activity post-operatively is 11 months after rotator cuff surgery. The average cost of treatment is over $35,000.

Illinois Laws Governing Shoulder Injury Claims

Understanding Illinois personal injury law is essential to protecting your rights and maximizing compensation. Several key statutes and legal principles apply to shoulder injury cases.

Statute of Limitations

Illinois law imposes strict deadlines for filing lawsuits. Under 735 ILCS 5/13-202, you generally have two years from the date of injury to file a personal injury lawsuit. This deadline is absolute—missing it permanently bars your right to compensation.

Important exceptions:

  • Wrongful death: Two years from date of death
  • Government claims: Often just six months for notice requirements
  • Minors: Deadline may pause until age 18
  • Discovery rule: May apply when injury isn’t immediately apparent

Don’t wait. Contact an attorney immediately to ensure your rights are protected.

Comparative Negligence

Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. You can recover compensation even if partially at fault, as long as you were less than 50% responsible. Your fault percentage reduces your compensation.

Examples:

  • 20% at fault = recover 80% of damages
  • 49% at fault = recover 51% of damages
  • 50%+ at fault = recover nothing

Insurance companies often try to shift blame to reduce payouts. We aggressively fight these tactics.

Negligence Standards

To recover compensation, we must prove four elements under Illinois law:

  1. Duty – Defendant owed you a legal duty of care
  2. Breach – Defendant breached that duty
  3. Causation – Breach directly caused your injury
  4. Damages – You suffered actual harm and losses

Different situations create different duties. Drivers must operate vehicles safely, property owners must maintain safe premises, employers must provide safe working conditions, and manufacturers must produce safe products.

Workers’ Compensation vs. Third-Party Claims

If your shoulder injury occurred at work, Illinois workers’ compensation law (820 ILCS 305) typically provides your primary remedy. Workers’ comp covers medical expenses and partial wages but generally prevents suing your employer directly.

However, you may still sue third parties such as negligent drivers, equipment manufacturers, property owners, or contractors other than your employer. We can pursue both workers’ comp benefits and third-party claims simultaneously to maximize recovery.

Joint and Several Liability

Under 735 ILCS 5/2-1117, you can recover the full judgment from any defendant found more than 25% at fault, even if other defendants share responsibility. This protects you if one defendant cannot pay.

No Damages Caps

Illinois does not cap economic damages (medical expenses, lost wages) or non-economic damages (pain and suffering) in most personal injury cases. Your recovery is based on actual case value, not artificial limits. Punitive damages for willful misconduct are subject to procedural requirements.

Call (312) 766-1000 to discuss how Illinois law affects your shoulder injury claim.

Diagnostic Methods for Torn Rotator Cuff Injuries

Diagnosing rotator cuff injuries involves several imaging techniques, each with unique benefits:

MRI

Magnetic Resonance Imaging (MRI) is an excellent tool for assessing rotator cuff injuries, as it provides detailed images of soft tissues, including muscles and tendons. It is particularly effective in identifying both partial and full-thickness tears. However, MRI can be costly and requires the patient to remain still, which might be challenging for those experiencing pain.

Ultrasound

Ultrasound uses sound waves to produce real-time images of the shoulder, making it a cost-effective and dynamic diagnostic tool. It is especially useful for detecting full-thickness tears and allows for movement assessment. The accuracy of ultrasound, however, can depend on the operator’s expertise.

X-rays

X-rays can identify bone-related issues, such as spurs or arthritis, that often accompany rotator cuff injuries. While they do not show soft tissue tears, they help rule out other causes of shoulder pain.

Each method is vital in accurately diagnosing rotator cuff injuries and guiding appropriate treatment.

Rotator cuff injuries are among the most serious shoulder injuries, often resulting from car accidents, workplace incidents, or slip and fall accidents in Chicago. A torn or damaged rotator cuff can disrupt your life—causing pain, costly medical treatment, and lost income.

Why Hire a Chicago Rotator Cuff Injury Attorney?

  • Our dedicated legal team fights for victims harmed by the negligence of others.
  • We work directly with orthopedic experts and medical providers to accurately document the severity of injuries, treatment needs, and long-term impacts.
  • We gather essential evidence—MRI scans, police reports, accident documentation, and wage loss records—to build a strong claim.
  • If insurance companies refuse fair settlements, our attorneys are prepared to take your case to trial to maximize your compensation.

What Compensation Can You Recover?

  • Medical bills (surgery, physical therapy, medications)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Costs for future care or long-term disability relating to shoulder injuries

Local Experience. Real Results.

Blumenshine Law Group has helped Chicago shoulder injury victims recover substantial settlements, often exceeding initial insurance offers. We don’t charge a fee unless we win your case.

Get Help Now

Contact us for a free, no-obligation consultation. Let an experienced Chicago rotator cuff injury lawyer review your claim and help you understand your rights.

Call 312-766-1000 or fill out our online form today.

How Much is a Chicago Shoulder Injury Claim Worth?

The compensation you might receive in Illinois for a shoulder injury can vary based on several factors. These include the details of the at-fault party’s behavior, the days you lost from work because of your injury, the level of medical care needed to help your body recover to how it was before the accident, and other related details.

Under Illinois statute 735 ILCS 5/13-202, you generally have two years from the date of injury to file a personal injury lawsuit. Missing this deadline can permanently bar your right to compensation.

Hire a Chicago Shoulder Injury Attorney

At our firm, we’re genuinely dedicated to helping victims get the compensation they truly deserve. We understand that assigning a dollar value to the pain you’re experiencing can be challenging, but please be assured that we’re committed to working tirelessly on your behalf. Our goal is to negotiate a fair settlement that recognizes the severity of your shoulder pain, the hardships you’ve endured, and the precious moments you may have missed with your loved ones.

If we don’t reach a satisfactory settlement, we are prepared to take your case to court, where we will ask a jury to deliver a just award.

The Blumenshine Law Group is a qualified, professional law firm that handles all accident cases, offering experienced representation for serious rotator cuff and shoulder injuries. Call or text us at 312-766-1000, email [email protected], or complete the quick contact form online below.

Frequently Asked Questions About Shoulder Injury Claims

How much is my shoulder injury case worth?

The value of your shoulder injury claim depends on several factors, including injury severity, medical expenses, lost wages, available insurance coverage, and degree of fault. Economic damages cover all medical bills and lost income, while non-economic damages compensate for pain and suffering. Minor shoulder injuries may settle for $10,000-$40,000, while severe rotator cuff tears requiring surgery typically range from $50,000-$500,000 or more. Cases with permanent disability can exceed $1 million. However, every case is different. Call (312) 766-1000 for a free evaluation specific to your situation.

Why choose Blumenshine Law Group for my shoulder injury case?

We’ve represented shoulder and rotator cuff injury victims across Illinois, securing millions in settlements and verdicts. We understand shoulder anatomy, surgical procedures, and long-term prognosis. Insurance companies know we’re prepared to go to trial, which motivates better settlement offers. We handle cases on a contingency basis; you pay no attorney fees unless we win. You receive personalized service with direct attorney access. We work with orthopedic surgeons and medical experts who provide credible testimony. As Chicago-based attorneys, we know Cook County courts, judges, and juries. Call (312) 766-1000 for a free consultation.

What damages can I recover for my shoulder injury?

Illinois law allows recovery of both economic and non-economic damages. Economic damages include all medical expenses (past and future), lost wages and income, loss of earning capacity, property damage, home modifications for disability, and medical equipment. Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium (for your spouse). In rare cases involving willful misconduct, you may also recover punitive damages. Illinois doesn’t cap damages in most personal injury cases, so your recovery is based on actual case value. Call (312) 766-1000 to discuss damages specific to your case.

How long does a rotator cuff injury case take?

A rotator cuff injury case usually takes several months to over a year to resolve. Simple cases may settle quickly through negotiation, but more complex cases involving lawsuits could take longer, depending on medical treatment and legal processes.

What evidence helps my shoulder injury claim?

Medical records, imaging studies such as MRIs, doctor’s evaluations, lost wage documentation, and accident reports are key pieces of evidence for a shoulder injury claim. Strong support showing how the injury affects your life and work improves your chances of a fair settlement.

Need Answers Now? Call/text 312-766-1000 for a free case review.

Reviewed and edited by Scott Blumenshine, Managing Partner at Blumenshine Law Group. Licensed to practice in Illinois since 1987 with over 37 years of experience representing personal injury victims throughout Chicago and Illinois. Scott has successfully handled shoulder and rotator cuff injury cases, securing substantial compensation for clients suffering from work accidents, vehicle collisions, and premises liability incidents.

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