Rotator cuff tears are common injuries resulting from slip and fall accidents in Illinois. These injuries can be extremely painful, affecting a person’s ability to work or complete daily tasks. Understanding how a rotator cuff injury happens, how to prove liability in a slip and fall case, and how to maximize your compensation is crucial for those seeking justice.
What Is a Rotator Cuff Tear?
The rotator cuff is a group of muscles and tendons surrounding the shoulder joint. It helps stabilize the shoulder and allows for arm movement, such as lifting or rotating the arm. When one or more of these tendons is torn, the injury is known as a rotator cuff tear. Depending on the severity, these tears can either be:
- Partial Tear: The tendon is frayed or damaged but not completely severed.
- Complete Tear: The tendon is torn entirely and no longer attaches to the bone.
Rotator cuff injuries can be painful and debilitating, often requiring medical attention, physical therapy, or even surgery. In slip and fall cases, these injuries occur when a person falls directly on their shoulder or uses their arm to break the fall, placing extreme pressure on the shoulder joint.
How Do Rotator Cuff Tears Occur in Slip and Fall Accidents?
In slip and fall accidents, the shoulder is highly vulnerable to injury due to the forces exerted when a person tries to brace themselves during a fall. Common ways rotator cuff tears happen in slip and fall incidents include:
- Falling on an Outstretched Arm: When a person loses their balance and falls, they often instinctively stretch their arms out to cushion the impact. This action can result in excessive force being placed on the shoulder joint, leading to a rotator cuff tear. The sudden jerking motion when hitting the ground can strain or rip the tendons.
- Direct Shoulder Impact: If a person falls directly onto their shoulder, particularly on hard surfaces, the impact can cause a tear in the rotator cuff. This is especially common when slipping on icy surfaces, wet floors, or uneven ground.
- Twisting Movements During a Fall: A twisting or awkward movement during a fall can also lead to a tear in the rotator cuff. This is especially common in cases where a person slips unexpectedly and attempts to catch themselves, resulting in unnatural arm movements.
Signs and Symptoms of a Rotator Cuff Tear After a Fall
Rotator cuff tears can present several symptoms following a slip and fall accident, including:
- Shoulder Pain: The pain is often felt on the outside of the shoulder and worsens with movement, particularly when lifting or rotating the arm.
- Weakness in the Arm: You may experience difficulty lifting or holding objects due to a loss of strength in the affected shoulder.
- Limited Range of Motion: A torn rotator cuff can result in stiffness and a reduced ability to move the shoulder or arm normally.
- Clicking or Popping Sounds: You may hear a clicking or popping noise when moving your shoulder.
If you suspect you have suffered a rotator cuff injury after a slip and fall, it’s crucial to seek medical treatment as soon as possible.
Diagnosis and Treatment of Rotator Cuff Tears
The diagnosis of a rotator cuff tear typically involves a combination of physical examinations and imaging tests, such as X-rays, MRIs, or ultrasounds, to assess the extent of the injury.
- Non-Surgical Treatment: For partial tears, doctors often recommend non-surgical treatments, including:
- Physical Therapy: Strengthening exercises to restore shoulder function and mobility.
- Rest and Ice: Allowing the shoulder to heal by resting it and applying ice to reduce inflammation.
- Medications: Anti-inflammatory medications or cortisone injections to reduce pain and swelling.
- Surgical Treatment: If the tear is severe or doesn’t improve with conservative treatments, surgery may be necessary. Surgical options include:
- Arthroscopic Repair: A minimally invasive surgery to reattach the torn tendon.
- Open Repair: Used for larger tears, this surgery involves a more extensive incision to repair the tendon.
- Recovery and Rehabilitation: After surgery, physical therapy is crucial to regain strength and restore the full range of motion to the shoulder.
Proving Liability in a Slip and Fall Case
To recover compensation for a rotator cuff injury from a slip and fall, you must prove that the property owner was negligent in maintaining their premises. Under Illinois law, property owners have a duty to ensure their property is reasonably safe for visitors. To prove negligence, the plaintiff must show:
- Duty of Care: The property owner had a duty to maintain a safe environment for lawful visitors.
- Breach of Duty: The property owner breached this duty by allowing dangerous conditions, such as a wet floor, icy pavement, or unmarked obstacles, to exist.
- Causation: The breach of duty directly caused the slip and fall accident, which led to the rotator cuff injury.
- Damages: The plaintiff suffered measurable damages, such as medical bills, lost wages, and pain and suffering, as a result of the injury.
Key Types of Evidence in a Rotator Cuff Injury Claim
To build a strong case, it’s essential to gather solid evidence supporting your claim. Common types of evidence in slip and fall cases include:
- Photographs and Videos: Take photos or videos of the accident scene, including any hazardous conditions that contributed to your fall, such as wet floors, broken steps, or icy surfaces.
- Medical Records: Medical records are crucial for documenting your rotator cuff injury, treatments, and any ongoing care needed for recovery. Be sure to obtain detailed records from doctors, physical therapists, and any specialists involved in your care.
- Incident Reports: If the slip and fall occurred in a public place, such as a store, file an incident report with the property owner or manager. The report should document the details of the accident and any hazards present at the time.
- Witness Testimony: If there were witnesses to your fall, their statements can provide valuable testimony to support your case.
- Surveillance Footage: If your accident occurred in a location with surveillance cameras, such as a store or parking lot, request a copy of the footage. This can provide visual evidence of the accident and the dangerous conditions that caused it.
Compensation for Rotator Cuff Tears in Illinois Slip and Fall Cases
If you’ve suffered a rotator cuff tear in a slip and fall, you may be entitled to compensation for:
- Medical Expenses This includes compensation for past, present, and future medical costs related to your injury, such as surgery, physical therapy, medication, and any required medical equipment.
- Lost Wages If your rotator cuff injury has caused you to miss work, you may recover compensation for lost wages. In cases where the injury affects your ability to work in the future, you may also seek damages for lost earning capacity.
- Pain and Suffering Rotator cuff injuries can cause significant physical pain and emotional distress. Compensation for pain and suffering aims to account for the non-economic damages you’ve experienced as a result of the injury.
- Rehabilitation Costs Ongoing physical therapy or rehabilitation to restore full function to your shoulder may be necessary, and compensation can cover these expenses.
Statute of Limitations for Slip and Fall Claims in Illinois
In Illinois, the statute of limitations for personal injury claims, including slip and fall cases, is generally two years from the date of the injury. It’s crucial to file your claim within this time frame to preserve your right to seek compensation. Failure to file within the statutory deadline could result in your case being dismissed, leaving you without legal recourse.
“Rotator cuff injuries from a slip and fall can be devastating, both physically and financially. If you’ve suffered this type of injury, it’s important to seek proper medical care and legal representation. We fight to ensure our clients receive full compensation for their medical expenses, lost wages, and the pain they’ve endured.”
Conclusion
Rotator cuff tears are common and painful injuries that can result from slip and fall accidents. If you’ve suffered such an injury, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. By gathering strong evidence and proving the property owner’s negligence, you can increase your chances of maximizing your compensation.
At John J. Malm & Associates, with offices in Naperville and St. Charles, our Illinois slip and fall lawyers help victims recover the compensation they deserve. If you’ve suffered a rotator cuff injury, contact us today to discuss your case.