Shoulder Injury Attorney Serving San Antonio, TX

person suffering from broken bones

If you suffered a shoulder injury in a car accident, a workplace accident, or another incident in San Antonio, you might face unexpected medical expenses and reduced earnings because of it. You may be able to pursue compensation for those expenses and losses through an injury claim. An experienced shoulder injury lawyer can help you understand your options and navigate the legal system.

At Law Offices of Troy A. Brookover, our San Antonio shoulder injury attorneys have represented thousands of injured Texans in more than 30 years of practice. Attorney Troy A. Brookover is Board-Certified in Personal Injury Law by the Texas Board of Legal Specialization, a distinction held by only a small fraction of Texas attorneys. We have obtained many six- and seven-figure awards for our clients, giving them financial security. Every case has unique facts that must be explored. Contact us today for a free legal case review if you have suffered a shoulder injury in a car accident or other incident.

Common Types of Shoulder Injuries

The shoulder is the most mobile joint in the body, and that mobility comes at the cost of stability. A single impact can damage bone, tendon, cartilage, and nerve at the same time. Insurance companies often treat shoulder claims as minor soft tissue cases, so it matters that your medical records name the specific injury you sustained.

The shoulder injuries we see most often in accident claims include:

  • Rotator cuff tears: The rotator cuff is a group of four tendons that hold the arm in the shoulder socket. A tear can be partial or complete, and full-thickness tears frequently require surgical repair. These injuries often need an MRI to diagnose because they do not appear on a standard X-ray.
  • Labral tears, including SLAP tears: The labrum is the ring of cartilage that deepens the shoulder socket. A SLAP tear affects the top of that ring where the biceps tendon attaches. These tears commonly result from a fall onto an outstretched arm or from the arm being jerked violently, as happens in a collision.
  • Shoulder dislocation and instability: When the upper arm bone comes out of the socket, it can stretch or tear the surrounding ligaments. Once a shoulder has dislocated, it becomes far more likely to dislocate again.
  • AC joint separation: A separated shoulder involves the ligaments connecting the collarbone to the shoulder blade. These injuries are graded by severity, and higher grades may require surgery.
  • Clavicle and scapula fractures: A broken collarbone is one of the more common crash injuries, particularly where a seat belt crosses the chest. Shoulder blade fractures are rarer and usually signal a high-energy impact.
  • Brachial plexus injuries: The brachial plexus is the network of nerves running from the neck into the arm. Damage here can cause weakness, numbness, burning pain, or in severe cases partial paralysis of the arm.
  • Impingement and bursitis: Inflammation and tendon compression within the joint, which can develop after trauma or from repetitive strain at work.
  • Adhesive capsulitis, also called frozen shoulder: Stiffness and progressive loss of motion that sometimes follows an injury or a period of immobilization after one.

Why Shoulder Injuries Are Often Undervalued

A shoulder injury rarely looks dramatic. There may be no cast, no visible wound, and no obvious sign that anything is wrong. That makes these claims easy for an insurance company to minimize.

The reality is different. Losing range of motion in a shoulder affects nearly everything a person does, from driving to sleeping to lifting a child. For anyone whose work involves reaching overhead, lifting, or repetitive arm motion, including construction workers, mechanics, nurses, warehouse staff, and drivers, a serious shoulder injury can end a career.

Three factors tend to matter most when valuing these claims: whether surgery was required, whether you were left with permanent restrictions on lifting or reaching, and whether those restrictions affect your ability to do the job you had before the accident. Documenting all three thoroughly is a large part of what we do.

What To Do Immediately If You Have a Shoulder Injury After a Car Accident

If you suffered a shoulder injury after a car accident, taking the right steps early protects both your health and your legal rights. Here is what you should do:

  • Seek medical attention: Get evaluated immediately after a car accident, even if you don’t feel injured. Some injuries, including shoulder injuries, take days or weeks to develop symptoms. Waiting to receive medical treatment can lead to complications. Have your injury diagnosed and treated right away.
  • Ask about imaging: Rotator cuff and labral tears usually do not show up on a standard X-ray. If your pain, weakness, or limited motion continues after the initial visit, ask your doctor whether an MRI is appropriate. A claim built on an undiagnosed tear is worth far less than one built on a documented one.
  • Document your injury: Take photos of any visible signs of your injury and keep copies of your medical records. Follow your doctor’s care plan and keep all follow-up appointments so the treatment is recorded.
  • Gather evidence: If possible, gather evidence at the accident scene, including photos of vehicle damage, statements from witnesses who saw the crash, and a copy of the police report.
  • Track what you can no longer do: Keep notes on the daily tasks your shoulder now limits, including reaching overhead, lifting, carrying, and sleeping on that side. This record supports your claim for pain and suffering and for lost earning capacity in a way medical bills alone cannot.
  • Contact an attorney: A knowledgeable personal injury attorney can assess your situation and advise you about the legal options available to you, particularly if an insurer has already denied or undervalued your claim.

Why Choose Law Offices of Troy A. Brookover for Your Shoulder Injury?

At Law Offices of Troy A. Brookover, our San Antonio personal injury attorneys are ready to provide you with compassionate, effective legal representation after a shoulder injury caused by someone else’s negligence. Our San Antonio shoulder injury lawyers have experience in the courtroom and at the negotiating table. We are prepared to stand up to insurance companies that refuse to agree to a reasonable settlement.

Troy also spent the early part of his career working in insurance defense. He knows how carriers evaluate shoulder claims, which arguments they use to discount them, and what documentation it takes to overcome those arguments. You can count on us to work hard to help you pursue the compensation you need.

How Much Compensation Can You Get for a Shoulder Injury Claim?

If you have suffered a shoulder injury in a car accident or another harmful incident, you may be entitled to claim compensation from the at-fault party. The amount you can recover will vary depending on the circumstances of your case. Speak with an experienced San Antonio car accident lawyer before accepting any offer.

Generally, the following factors will determine how much compensation you can get for a shoulder injury claim:

  • The severity of your injury, and whether it required surgery
  • The costs to treat your injury, including any future anticipated costs such as revision surgery or ongoing physical therapy
  • The degree of blame attributable to the at-fault party
  • The wages you have lost if you cannot work due to your injury
  • Whether your injury results in a permanent disability or permanent lifting and reaching restrictions
  • Whether those restrictions prevent you from returning to the same line of work
  • The amount of insurance coverage available

Recoverable damages typically include medical expenses, future medical care, lost income, lost earning capacity, pain and suffering, and reduced quality of life. In cases involving permanent impairment, the future losses are often larger than the bills already incurred, which is why a quick settlement offer is so rarely a fair one.

How Is Liability Determined for Shoulder Injury Cases?

Liability means legal responsibility for the harm someone else’s conduct caused. Establishing it requires showing that another party owed you a duty of care, failed to meet it, and that the failure caused your injury.

To identify who is financially liable for your injury, your lawyer will rely on various types of evidence, including:

  • Police and other accident reports
  • Testimony from medical experts and other experts in the field
  • Statements from eyewitnesses
  • Video footage of the incident
  • Medical records and diagnostic imaging

What If I Was Partly at Fault?

You may still recover compensation. Texas follows a modified comparative fault rule, also called proportionate responsibility. If you are found 50 percent or less responsible, you can recover damages, though your award is reduced by your share of the blame. If you are found 51 percent or more at fault, you recover nothing.

Insurance companies know exactly where that line sits, which is why adjusters so often suggest an injured person shares more of the blame than the evidence supports. Their assessment is a negotiating position, not a conclusion.

Most Common Causes of a Shoulder Injury in Texas

The most common causes of shoulder injuries we see in the cases we handle include the following:

  • Car accidents: Auto accidents are one of the leading causes of shoulder injuries. A shoulder belt that stops your body during a collision transfers enormous force across the joint, which is why rotator cuff tears, AC separations, and clavicle fractures are so common in crash victims. Bracing against the steering wheel on impact can drive the arm bone into the socket and tear the labrum.
  • Truck accidents: The size and weight difference in a commercial truck collision produces greater force and correspondingly more severe shoulder trauma.
  • Motorcycle and bicycle accidents: Riders thrown from a motorcycle or bicycle instinctively land on an outstretched arm, which drives the impact straight into the shoulder.
  • Sports injuries: Some athletes are at higher risk of developing shoulder injuries due to falls and collisions with other players, particularly those who play contact sports such as basketball or football.
  • Workplace accidents: Physically demanding jobs requiring heavy lifting and repetitive motions may strain the shoulders, leading to overuse injuries or sprains. Workplace accidents, such as falls from heights, can also lead to shoulder injuries.
  • Slip-and-fall accidents: Slips and falls are a leading cause of shoulder injuries, especially among older adults. Falling awkwardly can cause severe damage to the shoulder, including dislocations and fractures. A property owner may be liable if unsafe conditions at a commercial store caused a slip-and-fall accident.

Shoulder Injuries at Work: Why Texas Is Different

If you injured your shoulder on the job in Texas, your options depend on a detail many injured workers never learn about until it matters.

Texas is the only state that does not require private employers to carry workers’ compensation insurance. Employers who decline coverage are called non-subscribers, and the distinction is significant:

  • If your employer carries workers’ compensation, you are generally limited to workers’ comp benefits, which cover medical treatment and a portion of lost wages but pay nothing for pain and suffering. In exchange, you usually cannot sue your employer directly.
  • If your employer is a non-subscriber, you may be able to bring a personal injury lawsuit against them. A non-subscribing employer also loses several of the standard defenses available in an ordinary injury case, which can make these claims considerably stronger. Damages in a non-subscriber case are not capped the way workers’ comp benefits are, and they can include pain and suffering.
  • Third-party claims may also exist. Even when workers’ compensation applies, you may have a separate claim against someone other than your employer, such as a negligent driver who hit your work vehicle, a subcontractor on the same job site, or the manufacturer of defective equipment.

Determining which situation applies to you is one of the first things we investigate in a workplace shoulder injury case. It changes what you can recover and who you recover it from.

Shoulder Injury Treatment and What It Means for Your Claim

Treatment for a shoulder injury depends on its severity and type. Minor strains may improve with rest and conservative care, while rotator cuff tears, labral tears, and significant fractures often require imaging, physical therapy, and in some cases arthroscopic or open surgical repair. Recovery from shoulder surgery frequently takes several months, and some patients are left with permanent restrictions on lifting and overhead reaching.

This information is general background only and is not medical advice. Your treatment decisions belong between you and your physician.

From a legal standpoint, what matters is that your treatment is documented thoroughly and consistently. Follow your doctor’s care plan and keep all follow-up appointments. Gaps in treatment are one of the most common arguments insurance companies use to suggest an injury was not serious, and unexplained gaps can reduce the value of an otherwise strong claim.

Shoulder Injury Claim FAQs

How much is a shoulder injury claim worth?

There is no standard figure, and any attorney who quotes one before reviewing your records is guessing. Value depends on whether surgery was required, whether you have permanent restrictions, how those restrictions affect your ability to work, the strength of the liability evidence, and how much insurance coverage exists. A torn rotator cuff requiring surgical repair in someone who cannot return to physical work is valued very differently from a strain that resolves in six weeks.

Why does the insurance company say my shoulder injury is not serious?

Because shoulder injuries are invisible from the outside and often do not appear on initial X-rays. Adjusters commonly argue that the injury is a minor strain, that it predates the accident, or that a gap in treatment shows you recovered. Detailed imaging, consistent treatment records, and where necessary a specialist’s opinion are what answer those arguments.

What if I had shoulder problems before the accident?

A pre-existing condition does not bar your claim. Under Texas law, a defendant is responsible for the harm they caused, including making an existing condition worse. What matters is establishing your baseline before the crash and documenting how your condition changed afterward.

Can I file a claim if I hurt my shoulder at work?

Possibly, and the answer depends on whether your employer carries workers’ compensation. If they are a non-subscriber, you may be able to sue them directly for full damages, including pain and suffering. Even if they do carry coverage, you may still have a claim against a third party who contributed to your injury.

How long do I have to file a shoulder injury lawsuit in Texas?

Generally two years from the date of the injury. Shorter deadlines can apply, particularly if a government entity is involved, where written notice may be required within months. Evidence also degrades well before any legal deadline arrives, so it is worth calling early.

Do I need surgery for my claim to be worth pursuing?

No. Surgery generally increases the value of a claim, but many shoulder injuries treated conservatively still cause lasting pain, limited motion, and lost income. What matters is the documented effect on your life and your ability to work.

What does it cost to hire a shoulder injury lawyer?

Nothing upfront. We handle these cases on a contingency fee basis, so our fee comes out of a recovery rather than out of your pocket. Your initial consultation is free and carries no obligation.

Talk to a San Antonio Shoulder Injury Lawyer

A shoulder injury that an insurance company calls minor can follow you for years. If someone else’s carelessness caused yours, we would like to hear what happened.

Contact Law Offices of Troy A. Brookover at (210) 226-2000 or fill out our online form for a free, no-obligation case review.