Labral SLAP tear shoulder accident attorney
A SLAP tear is an injury to the labrum at the top of the shoulder socket, where the biceps tendon attaches. It produces deep shoulder pain, pain with overhead movement, and often a catching sensation. Like the hip labrum it is invisible on plain radiographs, and like the hip labrum it is routinely argued to be degenerative. Law Offices Of SRIS, P.C. handles orthopedic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.
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ToggleWhat the imaging and records show
Standard MRI detects some SLAP lesions; MR arthrography is more sensitive and is often required to demonstrate them clearly. Examination manoeuvres designed to load the biceps anchor support the diagnosis but are not definitive on their own. As with the hip, the most direct evidence is the arthroscopic view, where the surgeon can see the tear, describe its type and characterize the tissue.
Why this injury meets the legal threshold
A tear confirmed on arthrography with corresponding examination findings is objective injury, and arthroscopic findings establish it directly. Where the injury also involves the rotator cuff or the biceps tendon, the combination establishes severity. The contested question is again traumatic versus degenerative origin.
Typical treatment course and prognosis
Conservative management first in most cases — physical therapy focused on the rotator cuff and scapular mechanics, activity modification, and injection in some cases. Where symptoms persist, arthroscopic treatment is used: repair of the labrum, or in some patients a biceps tenodesis, which relocates the biceps attachment rather than repairing the labral anchor. Recovery involves a period of sling immobilisation followed by months of rehabilitation, and return to overhead or heavy work is generally late.
How insurance carriers attack this diagnosis
That labral fraying is common with age and unrelated to trauma. That the person has a history of overhead work or sport. That the shoulder was symptomatic before. That the treatment chosen was elective. The response is the documented absence of prior shoulder complaints, the temporal relationship, the imaging, and the operative description — the appearance and location of the tear and any associated findings frequently distinguish an acute injury from age-related change.
Proving the accident caused it
Establish the mechanism: a fall onto an outstretched arm, a sudden traction injury such as a seatbelt or a grab, or a direct impact. Establish the pre-incident baseline from medical and employment records. Obtain arthrography rather than relying on a standard MRI. Document examination findings. And obtain the operative report, which is usually the most persuasive evidence on both the nature and the timing of the tear.
Available insurance coverage
What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.
How damages are categorised and proven
Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.
Filing deadlines
Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.
Frequently Asked Questions
What does SLAP stand for?
Superior labrum anterior to posterior — a tear of the upper part of the labrum extending from front to back, at the point where the biceps tendon anchors into the shoulder socket. It is described this way because the location and extent determine the type of tear and the treatment.
How does a car accident cause it?
Common mechanisms include a fall onto an outstretched arm, a sudden traction force on the arm — bracing against the wheel, or the arm being pulled — and direct impact to the shoulder. Any of these can load the biceps anchor sufficiently to tear the labrum.
Why do I need a special MRI?
Because a standard MRI misses a proportion of labral tears. MR arthrography, performed after contrast is injected into the joint, distends the joint and outlines the labrum, making tears considerably easier to see. If a standard MRI was reported as normal but symptoms persist, arthrography is worth discussing with your physician.
What is a biceps tenodesis?
A procedure that detaches the biceps tendon from its labral anchor and reattaches it lower down on the arm bone. It is used in some patients instead of repairing the labral anchor, particularly where a repair is less likely to succeed. Which procedure is appropriate is a decision for your surgeon.
How long before I can return to overhead work?
Generally a matter of months rather than weeks, and return to heavy or repetitive overhead work is later still. Your surgeon sets the timeline. Where your occupation requires overhead work, restrictions should be documented formally, because that is what establishes any loss of earning capacity.
How long do I have to bring a claim?
Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules. Because these tears are often diagnosed after a period of conservative treatment, confirm the deadline on your facts early.
About Mr. Sris
Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.
Related pages
- Orthopedic injury claims
- Orthopedic injury accident lawyer
- Catastrophic injury lawyer
- Motor vehicle accident claims
Speak with Mr. Sris
Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.
Last reviewed: August 22, 2026.
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