Rotator cuff tear MRI accident lawyer

The rotator cuff is a group of four tendons that stabilise the shoulder and lift the arm. Tears are extremely common with age, including in people who have no symptoms at all — and that single fact is the foundation of nearly every defense argument in a rotator cuff claim. The question is almost never whether the tendon is torn. It is whether the incident tore it, or made a silent tear symptomatic. 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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What the imaging and records show

MRI demonstrates the tear, its size, which tendons are involved, and whether it is partial or full thickness. Several features help distinguish acute from chronic: retraction of the tendon end, fatty change within the muscle belly — which develops over a long period and therefore suggests chronicity — and the presence of fluid or bone marrow oedema, which suggests recent injury. A radiologist can address these specifically if asked. Ultrasound is an alternative in some settings.

Why this injury meets the legal threshold

A full thickness tear confirmed on MRI with corresponding examination findings is objective injury. Where repair was performed, the operative findings establish it directly. The contested question is causation rather than existence, and the answer usually turns on the pre-incident record as much as on the imaging.

Typical treatment course and prognosis

Partial tears and some full thickness tears in lower-demand patients are managed with physical therapy and injection. Repair is arthroscopic in most cases, reattaching the tendon to bone with anchors. Recovery is long: a period in a sling, then passive movement, then active movement, then strengthening, over many months. Re-tear is a recognized outcome, particularly in larger tears and older patients. Where a tear is not repairable, other reconstructive options or eventually shoulder replacement may be considered.

How insurance carriers attack this diagnosis

That cuff tears are ubiquitous with age and this one predated the incident. That fatty change in the muscle proves chronicity. That the person’s occupation or sport involved overhead work. That there was a delay before imaging. That surgery was elective. The strongest counter is a documented absence of prior shoulder complaints combined with the surgeon’s description of the tissue at operation — an acutely torn tendon frequently looks different from a chronically retracted one.

Proving the accident caused it

Establish the mechanism: a fall onto an outstretched arm, a traction injury as the person braced or was pulled, or a direct impact. Establish the pre-incident baseline from medical records and from work history — a person performing full-duty overhead work without complaint immediately before the incident presents a strong picture. Obtain the imaging promptly. Ask the radiologist to address acuity specifically. And obtain the operative findings, which are frequently decisive.

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

Do rotator cuff tears just happen with age?

Many do. Tears are common in older adults, including in people with no symptoms whatsoever. That is precisely why carriers raise it. But an injured person is taken as found: an incident that converts an asymptomatic tear into a symptomatic one, or that extends an existing tear, supports a claim for aggravation.

Can an MRI tell whether the tear is new?

It can give indications rather than a definitive answer. Fluid at the tear site and bone marrow changes suggest a recent injury; substantial retraction of the tendon and fatty change within the muscle suggest a longer-standing problem. A radiologist can address these features specifically if asked, and it is worth asking.

What does the insurer mean by fatty atrophy?

Fatty change within the muscle belly of a torn tendon, which develops over an extended period after the tendon stops working normally. Its presence suggests the tear is not recent. Its absence supports an acute injury. Where it is present, the argument shifts to aggravation of a pre-existing tear rather than causation of a new one.

I did not go to the doctor for a month. Does that ruin the claim?

No, but it must be explained. Delay is common — people expect shoulder pain after an accident to settle, or they are focused on more obvious injuries. What matters is that the explanation is truthful and documented, and that once you did seek care the symptoms were recorded consistently.

How long is recovery from a repair?

Long. Typically a period in a sling, then a staged progression from passive to active movement to strengthening, over many months, with return to heavy or overhead work later still. Your surgeon sets the timeline. Because a settlement is final, the claim should generally not resolve before the outcome is known.

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. Confirm the deadline on your own facts rather than relying on the general period.

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.

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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