How to Recover: Shoulder Injury in Gyms
How to Recover: Shoulder Injury in Gyms
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How to Recover: Shoulder Injury in Gyms
Exercise is a useful way to relieve stress and increase your energy levels. There are both physical and psychological benefits to regular exercise.
For this reason, millions of Americans patronize gyms and exercise studios every day. While any physical exercise brings some risk of injury, some gym accidents are the result of the owner’s or operator’s negligence.
When a gym patron has been involved in an accident due to the carelessness or recklessness of someone else, they have the legal option to pursue compensation for the associated damages. Shoulder injuries are some of the most common results of gym accidents.
If you’re searching for answers on “how to recover — shoulder injury in gyms,” make sure to speak with an accomplished tort attorney. A legal expert will review the facts of your gym accident and build a powerful case for you.
Oftentimes, gyms rely on liability waivers to avoid paying for injuries that occur on their premises. However, if a gym owner’s negligence caused you harm, you may be able to secure financial recovery through a legal tort claim.
The accomplished team at Morgan & Morgan has plenty of experience helping gym accident victims secure the compensation they need. We understand that a shoulder injury can be life-altering and financially devastating. For that reason, we will gladly provide you with a free legal case evaluation.
To schedule your no-cost legal consultation, fill out the online form on the Morgan & Morgan website.
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What Are Common Types of Gym Shoulder Injuries?
The shoulder is composed of a ball-in-socket joint. This gives the shoulder joint a particularly large range of motion when it functions properly.
However, the design of the shoulder joint also contributes to the risk of dislocation. When your gym routine involves weight training, you face a higher risk of a shoulder injury.
Improper lifting techniques and attempting to lift too much weight are common causes of joint and muscle damage. Each injury is unique.
The nature of the physical damage resulting from your accident will determine how to recover. Shoulder/gym injury accidents can be complex, depending on the circumstances of your case. The most common types of shoulder injuries caused by gym activities are:
Rotator Cuff Injuries
Rotator cuff damage is the leading cause of gym shoulder injuries. The rotator cuff is composed of muscles that sit along the outside of the ball of the shoulder.
The four muscles of the rotator cuff function to move the shoulder. These muscles can become damaged as the result of repetitive motion. For instance, overhead lifting can cause the shoulder blade to pinch the rotator cuff muscles. Over time, this may result in damage to the muscles.
Rotator cuff damage can also lead to overworked tendons. Tendonitis may be an outcome of overwork or repetitive motions. Ignoring this type of pain may result in a tear in the muscles of the rotator cuff.
If you believe that you have sustained damage to your rotator cuff, make sure to seek medical treatment immediately. A medical professional can help you understand how to recover. A shoulder injury in gyms is not uncommon, unfortunately. In some instances, rotator cuff injuries may require surgery.
Weightlifter’s Shoulder (Distal Clavicular Osteolysis)
Another common gym injury is known as the “weightlifter's shoulder.” Any type of weightlifting motion that requires the person to lower their elbows behind their shoulders can cause this condition.
The location where the shoulder connects to the collarbone is called the “acromioclavicular” (AC) joint. Weightlifter's shoulder occurs when this joint is affected by tiny fractures or tears in the associated bone or soft tissue.
Common lifts that require this type of movement include the bench press and chest fly. When this joint is overworked, you can experience the following symptoms:
- Aching and dull pain
- Decreases in strength
- Pain in the upper extremities
- Disruptions in sleep
If you believe that you have sustained this type of gym injury, speak with a medical care provider.
Gym members of all levels of investment can experience shoulder dislocation injuries. This type of accident happens when the ball of the shoulder joint slips out of place.
When the ball has become dislocated, it can shift forward, backward, or down. Typically, this type of shoulder injury occurs as the result of a significant impact. But over-rotating the shoulder can also cause the joint to become dislocated.
Some of the common symptoms of a shoulder dislocation include:
- Visible deformity of the shoulder
- Bruising and swelling
- Inability to move the shoulder or decreased range of motion
- Intense and lasting pain
- Pain in the neck or arms
- Muscle spasms
You should speak with a doctor as soon as possible following a shoulder dislocation. They can ensure that you receive a proper diagnosis and appropriate treatments for your injury.
What Is The Role of Liability Waivers in Gym Memberships?
Gyms should not be held accountable for every injury that results from their patrons’ workouts. When you decide to lift weights or engage in other strenuous activities, you must reasonably accept some level of risk.
When a gym accident was the fault of the injured person, that person will not have grounds for a valid legal claim. However, some injuries are caused by the gym owner’s negligence or recklessness.
Gym operators must take reasonable steps to ensure the safety of their customers and patrons. When hazards and dangers arise, gym owners should repair them in a timely manner. If they fail to do so, victims may be able to successfully recover financial compensation to make up for the associated losses.
Many gyms rely on “waivers of liability” to protect themselves from potential legal claims. These documents are usually part of the gym application process. Before you use their fitness equipment, you may be required to sign one of these waivers.
There are several types of liability waivers. Three common variations include:
Total Liability Waiver
This type of waiver is a blanket agreement that customers cannot hold the gym accountable for any injury occurring on the premises. However, a skilled personal injury attorney at Morgan & Morgan may be able to help you overcome this type of waiver.
Total liability waivers are often overly broad. As a result, a judge or jury may determine this type of document to be unenforceable.
Waiver for Negligence
This type of document is intended to protect gym owners against their own negligence. If your injury was the result of carelessness or recklessness, you still may be able to pursue compensation.
If you signed a waiver of negligence, it is critical to contact one of the attorneys at the firm of Morgan & Morgan. We will help you determine your best legal option.
Waivers of Intentional Acts
These waivers attempt to undermine any resulting liability from injuries caused by the intentional actions of the staff or owner. But if these documents contradict public policy, they can be overcome through a successful personal injury claim.
If the gym owner was grossly negligent or the waiver was not clearly worded, you may be able to recover financial compensation.
Even if you signed a liability waiver, you should consult with a tort lawyer following a gym injury. The specialists at Morgan & Morgan will review the details of your gym membership agreement to determine whether you can effectively pursue financial recovery.
What Are Common Types of Recovery in Gym Shoulder Injuries?
When you have been injured in a gym or workout accident, you are likely to experience many financial and personal losses. Most people underestimate the economic impact of a shoulder injury until they experience one.
Fortunately, personal injury claimants can often recover compensation for many different types of losses and expenses. In most injury cases, victims can pursue two types of financial damages.
The two most common categories of compensation in tort lawsuits are “economic” and “non-economic” damages.
Economic damages are meant to make up for the monetary expenses that victims experience. Recovering from a personal injury is an expensive prospect, especially given the rising costs of healthcare in the United States.
It is common for victims’ medical bills and debts to skyrocket in the wake of an injury. Some of the most common examples of economic damages in shoulder injury cases include:
- Lost income and missed wages from the inability to work
- Long-term loss of income-earning ability
- Current medical care costs
- Expected future costs of medical needs
- Associated property damage
One of the attorneys at Morgan & Morgan will review the medical bills, invoices, and other documents in your case to determine appropriate economic damages.
The second category of damages is non-economic. These are financial payments intended to compensate the victim for the negative experiences associated with their injury. Non-economic damages in shoulder injury cases are meant to compensate for:
- Physical pain, discomfort, and suffering
- Emotional distress, trauma, and pain
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Chronic discomfort and pain
Insurance companies often attempt to devalue and downplay these intangible harms. Do not let a negligent gym owner or their insurer settle your claim for less than it is worth.
One of the personal injury experts at Morgan & Morgan will investigate your case to accurately determine its value. We will fight to recover every penny you are owed in your shoulder injury claim.
What Is Vague and Ambiguous Language in Liability Waivers?
One of the common arguments against the validity of a gym waiver is that it contains “vague or ambiguous” language. For a waiver to hold up in court, it must be worded so that a reasonable person can understand it.
If your gym’s liability waiver was not clearly worded, it may not be valid. The attorneys at Morgan & Morgan have plenty of experience reviewing the strength of liability waivers.
We will assess the facts of your gym injury case and then build a powerful claim on your behalf. Our compassionate team will not rest until we recover every dime you are rightfully owed.
Let Morgan & Morgan Fight for You
When you have been injured because of a gym owner’s negligence or recklessness, do not wait. You may be able to recover significant financial compensation through a tort legal claim.
The legal specialists at Morgan & Morgan have the necessary experience and skills to fight effectively on your behalf. When you hire our legal team, you will not pay any legal fees unless we recover money for you.
Fill out the online contact form today to schedule a free consultation regarding your gym shoulder injury. At Morgan & Morgan, we are on your side.