){kind=logo}
The shoulder is the most mobile joint in the human body — and that mobility comes at the cost of stability, making it especially vulnerable to injury in falls, collisions, and workplace accidents. A torn rotator cuff, a dislocated shoulder, or a fractured collarbone can mean months of physical therapy, a surgery with an uncertain outcome, and a permanent loss of strength or range of motion that affects everything from lifting a child to performing a skilled trade. When someone else’s negligence caused that injury, New York law entitles you to full compensation for all of it.
For more than 45 years, Hill & Moin LLP has represented injured New Yorkers with serious shoulder injuries, recovering significant settlements, including $500,000 for a construction worker who injured his shoulder when a ladder collapsed and $300,000 for a driver who suffered a soft tissue shoulder injury after being rear-ended. We understand that shoulder injuries are frequently undervalued by insurance companies, who often treat a “soft tissue injury” or a partial tear as minor, without accounting for the chronic pain, weakness, and functional limitations that so often follow.
If you or a loved one suffered a shoulder injury due to someone else’s negligence, call (212) 668-6000 for a free, 24/7 consultation. There is no fee unless we win.
Shoulder Injuries Are Common, Often Chronic, and Frequently Undervalued
Shoulder problems are among the most common musculoskeletal complaints treated in the United States, and recent clinical and workplace data shows just how significant, and how frequently permanent, these injuries can be.
- Rotator cuff tears are one of the most common orthopedic conditions in the country, with published prevalence estimates ranging from roughly 22% to 39% of the population, and full-thickness tears affecting an estimated 25% of people in their 60s and 50% of people in their 80s.
- Clinical literature shows rotator cuff tear prevalence climbing dramatically with age, from under 10% in adults 20 and younger to more than 60% in adults 80 and older, reflecting how cumulative wear and acute trauma can compound over a lifetime.
- Recent Bureau of Labor Statistics data covering 2023–2024 shows that injuries to the upper extremities, which include the shoulder, were the body part category most frequently affected among workplace injuries involving days away from work or job transfer/restriction, according to National Safety Council analysis of BLS data.
- Over that same period, private industry employers reported 937,620 musculoskeletal disorder cases resulting in days away from work, job restriction, or transfer — a category that frequently includes shoulder-related injuries from overexertion, repetitive strain, and traumatic impact.
- Nationwide, overexertion and repetitive motion were the single largest category of workplace injury events over 2023–2024, responsible for more than 946,000 cases, a mechanism directly relevant to many rotator cuff and soft tissue shoulder injuries suffered on the job.
These numbers make clear that shoulder injuries are not rare outliers — they are a routine, serious consequence of falls, collisions, and workplace accidents, and one that insurance companies frequently attempt to minimize.
Understanding the Different Types of Shoulder Injuries
The shoulder is a complex joint made up of bones, tendons, ligaments, cartilage, and nerves working together, and injuries can affect any of these structures.
Rotator Cuff Tears
The rotator cuff is a group of four muscles and their tendons that stabilize the shoulder joint and enable arm movement. Tears can be partial or full-thickness, and can result from a single traumatic event, such as a fall onto an outstretched arm, or from cumulative wear aggravated by a workplace injury. Full-thickness tears frequently require surgical repair, and even successful surgery does not guarantee a full return of strength and range of motion.
Labral Tears
The labrum is a ring of cartilage that lines and deepens the shoulder socket, helping keep the ball of the joint in place. A labral tear, including the common “SLAP” tear (superior labrum, anterior to posterior), can cause pain, instability, and a sensation of the shoulder “catching” or “popping,” and often requires arthroscopic surgical repair.
Shoulder Dislocations
A shoulder dislocation occurs when the head of the upper arm bone is forced out of the shoulder socket, most commonly during a fall or direct impact. Dislocations can damage surrounding ligaments, tendons, and the labrum, and individuals who suffer one traumatic dislocation face a significantly elevated risk of recurrent dislocation and long-term joint instability.
Fractures
Shoulder-area fractures can involve the clavicle (collarbone), the proximal humerus (upper arm bone), or the scapula (shoulder blade). These fractures frequently result from direct falls or motor vehicle collisions and, depending on severity and displacement, may require surgical fixation with plates and screws.
AC Joint Injuries
The acromioclavicular (AC) joint connects the collarbone to the top of the shoulder blade. AC joint injuries, commonly called shoulder separations, typically result from a direct fall onto the shoulder and range from mild ligament sprains to complete ligament tears requiring surgical reconstruction.
Tendon Damage
Beyond the rotator cuff itself, the biceps tendon and other shoulder tendons can be strained, partially torn, or completely ruptured through trauma or repetitive stress, causing pain, weakness, and, in complete ruptures, a visible deformity of the upper arm.
Nerve Injuries
Shoulder trauma can stretch, compress, or damage nerves running through the shoulder and upper arm, including brachial plexus injuries in the most severe cases. Nerve damage can cause numbness, weakness, and chronic pain that persists well after the underlying bone or soft tissue injury has healed.
Symptoms, Diagnosis, Treatment, and Rehabilitation
Symptoms of a serious shoulder injury can include:
- Pain, swelling, and visible deformity
- Weakness or inability to lift or rotate the arm
- A popping, catching, or grinding sensation during movement
- Numbness or tingling radiating down the arm
- Instability or a feeling that the shoulder may “give out”
- Limited range of motion that doesn’t improve, or worsens, with time
Diagnosis typically begins with a physical examination assessing range of motion, strength, and stability, followed by imaging. X-rays can identify fractures and dislocations, while MRI is typically necessary to assess soft tissue structures like the rotator cuff, labrum, and ligaments, since these injuries are often invisible on X-ray alone.
Treatment ranges from conservative approaches, including rest, physical therapy, and anti-inflammatory medication for partial tears and mild injuries, to arthroscopic or open surgical repair for full-thickness tears, unstable dislocations, and displaced fractures. Surgical recovery for significant shoulder injuries is often lengthy, sometimes requiring six months or more before maximum improvement is reached.
Rehabilitation for shoulder injuries typically involves extensive physical therapy to restore range of motion, strength, and stability, and is often necessary both before and after any surgical intervention. Because the shoulder relies on precise coordination among multiple muscle groups, rehabilitation is frequently a long, gradual process, and many patients experience some permanent limitation even after completing a full course of treatment.
Long-Term Complications and Permanent Impairment
Even with appropriate treatment, shoulder injuries frequently result in lasting effects, including:
- Chronic pain, including post-traumatic arthritis in joints affected by fracture or dislocation
- Permanent weakness or reduced range of motion, particularly following rotator cuff and labral tears
- Recurrent instability, especially after a traumatic dislocation
- Adhesive capsulitis (“frozen shoulder”), a painful stiffening of the joint that can develop after injury or prolonged immobilization
- Re-tear risk, since even successfully repaired rotator cuff tears carry a meaningful risk of retearing, particularly with continued physical demands
- Nerve-related numbness or chronic pain, in cases involving nerve damage
Because the shoulder is essential to so many everyday and occupational tasks, from lifting and reaching to repetitive manual work, even a partial permanent impairment can meaningfully limit a person’s ability to work and function, making thorough medical documentation essential to a fair settlement.
Common Causes of Shoulder Injuries in New York
Shoulder injuries can result from a wide range of accidents, and identifying the cause is central to identifying who is legally responsible. We regularly handle shoulder injury cases arising from:
- Car accidents, where seatbelt restraint forces and impact can strain, dislocate, or fracture the shoulder
- Construction accidents, including falls, being struck by falling objects, and injuries from lifting or operating heavy equipment
- Slip and fall accidents, where a person instinctively extends an arm to break a fall, often resulting in rotator cuff tears, dislocations, or fractures
- Workplace incidents beyond construction, including repetitive strain injuries from manual labor and lifting-related injuries in warehouse and healthcare settings
- Pedestrian accidents, where shoulder injuries can result from direct vehicle impact or from bracing during a fall
- Other negligence, including inadequately maintained premises and defective equipment
If your shoulder injury resulted from a fall, our slip and fall attorneys can help investigate the hazardous condition involved. If the injury occurred on a construction site, our construction accident team can help you understand your rights under New York Labor Law.
Evidence Needed to Prove Liability in a Shoulder Injury Case
Because shoulder injuries, particularly soft tissue and partial tears, are frequently disputed by insurance companies, building a strong claim requires thorough documentation, including:
- Accident scene evidence, including photographs, witness statements, and available surveillance footage
- Emergency medical records, including initial imaging and treatment
- MRI and advanced imaging, since many serious shoulder injuries, including rotator cuff and labral tears, are not visible on X-ray alone
- Surgical records, documenting every procedure required to treat the injury
- Physical therapy records, showing the course and results of rehabilitation
- Expert testimony from orthopedic surgeons, explaining the injury’s mechanism, treatment, and prognosis for permanent impairment
- Vocational expert analysis, particularly important for tradespeople and others whose occupations depend on shoulder strength and mobility
Serious shoulder injury cases are frequently won or lost on medical expert testimony, since insurance companies routinely argue that a “soft tissue” injury or partial tear has resolved once physical therapy is complete. Treating orthopedic surgeons and physical therapists document the injury and treatment course, while retained experts can testify to permanent impairment, ongoing limitations, and the long-term prognosis for chronic conditions like recurrent instability or adhesive capsulitis.
Comparative Negligence in Shoulder Injury Claims
New York follows a “pure comparative negligence” rule, meaning an injured person can still recover compensation even if they were partly at fault for the accident that caused their shoulder injury, though their total recovery is reduced by their assigned percentage of responsibility. Insurance companies frequently attempt to shift blame onto the injured person. An experienced attorney can push back on these arguments and help ensure that a defendant’s negligence, not the injured person’s conduct, is properly recognized as the true cause of the injury.
Compensation Available in a Shoulder Injury Case
Depending on the severity of the injury and the facts of your case, compensation in a New York shoulder injury claim may include:
- Past and future medical expenses, including surgery, imaging, and ongoing specialist care
- Rehabilitation costs, including physical therapy
- Past and future lost wages and diminished earning capacity, particularly significant for those whose work depends on shoulder strength and overhead mobility
- Pain and suffering and loss of enjoyment of life
- Permanent disability and loss of function, including reduced range of motion, chronic instability, or persistent weakness
- Loss of consortium for spouses in appropriate cases
Because a shoulder injury can permanently affect a person’s ability to perform physical work or daily activities, it’s essential to work with attorneys who understand how to properly document and value that long-term impact, rather than settling for compensation based only on initial medical bills.
Why Choose Hill & Moin LLP for Your Shoulder Injury Case
Hill & Moin LLP has spent more than 45 years fighting for injured New Yorkers, recovering over $400 million for our clients, including a $500,000 settlement for a construction worker whose shoulder was injured when a ladder collapsed and a $300,000 settlement for a driver who suffered a soft tissue shoulder injury after being rear-ended. We understand that shoulder injuries, especially soft tissue and partial tears, are frequently minimized by insurance companies, and we work closely with treating physicians, retained orthopedic experts, and vocational specialists to ensure the full, permanent impact of these injuries is properly valued.
We are fluent in Spanish, Russian, French, Yiddish, and Ukrainian to serve New York’s diverse communities, and we handle every case on a contingency-fee basis: there is no fee unless we win.
We also regularly represent clients in related catastrophic and orthopedic injury matters, including traumatic brain injuries, spinal injuries, hand and wrist injuries, construction accidents, and broader catastrophic injury claims, giving injured New Yorkers a single, experienced team no matter how their shoulder injury occurred.
Frequently Asked Questions
My doctor said I have a “soft tissue injury,” not a tear. Is my claim still worth pursuing? Yes. Soft tissue shoulder injuries can cause significant, sometimes lasting pain and functional limitation, even without a diagnosed tear, and insurance companies frequently attempt to minimize these injuries. Thorough medical documentation is key to ensuring the injury is properly valued.
My MRI showed a partial rotator cuff tear. Do I need surgery for my claim to be valid? No. Many partial tears are treated successfully with physical therapy rather than surgery, but that doesn’t mean the injury wasn’t serious. Chronic pain, weakness, and functional limitations from a partial tear can still support a significant claim, particularly if they affect your ability to work.
How is a shoulder injury claim valued differently from other injury claims? Shoulder injury claims often require careful documentation of permanent range-of-motion loss, chronic instability, and the effect on a person’s specific occupation, particularly for tradespeople and others whose work depends on overhead lifting or repetitive shoulder use. Expert testimony from orthopedic surgeons is especially important in accurately valuing these claims.
Can I still recover compensation if I was partly at fault for the accident that caused my shoulder injury? Yes. New York’s pure comparative negligence rule allows recovery even if you were partially at fault, though your total compensation will be reduced by your assigned percentage of responsibility.
What if my shoulder injury happened at work? Workplace shoulder injuries may involve both a workers’ compensation claim and, depending on the circumstances, a separate personal injury lawsuit against a negligent third party, such as a property owner, contractor, or equipment manufacturer.
How long do I have to file a shoulder injury lawsuit in New York? Most personal injury lawsuits must be filed within three years of the accident. Claims involving a government entity require a Notice of Claim within 90 days, and workplace injury claims may involve a separate workers’ compensation filing deadline, so it’s important to consult an attorney as soon as possible.
Suffered a Shoulder Injury? Call Hill & Moin LLP Today
A serious shoulder injury can affect nearly everything you do, from your job to your daily routine, and insurance companies routinely try to minimize exactly the kind of soft tissue and partial tear injuries that cause real, lasting harm. Hill & Moin LLP has spent over four decades fighting for New Yorkers facing exactly this kind of injury, working with the medical experts needed to prove its full impact. The sooner you call, the sooner we can begin building the strongest possible case for you.
Call (212) 668-6000 now for a free, 24/7 consultation. There is no fee unless we win.