Can A Motor Vehicle Accident Cause A SLAP Tear?
Shoulder pain after a car accident is often more than just a strain or bruise. One injury that often comes up in accident claims is a SLAP tear, which is damage to the cartilage around the shoulder socket. A crash can put a lot of force on the shoulder, especially if someone grips the steering wheel, braces for impact, hits the inside of the car, or is held back by a seat belt. Symptoms can start right away or become more noticeable as swelling and shoulder use increase in the days after the accident. If a car accident causes or makes a SLAP tear worse, Michigan law may allow compensation for medical care, lost wages, pain and suffering, and other related losses.
We carefully review both the medical evidence and how the accident happened when working on these claims. Insurance companies may argue that a SLAP tear was caused by aging, repetitive use, sports, work, or a previous shoulder problem instead of the crash. That’s why it’s important to show what happened to the shoulder before, during, and after the accident in Detroit.
What Is A SLAP Tear?
SLAP stands for superior labrum anterior to posterior. The labrum is a ring of cartilage around the shoulder socket that helps stabilize the joint. A SLAP tear occurs when the upper portion of this cartilage is damaged where the biceps tendon attaches to the labrum.
The injury can produce deep shoulder pain, weakness, clicking or popping, reduced range of motion, and difficulty lifting objects or reaching overhead. Some people also report a feeling that the shoulder catches or is unstable.
Because shoulder pain can have several causes, diagnosis commonly requires a physical examination and diagnostic imaging. A physician may use an MRI or MR arthrogram when they suspect labral damage.
How A Car Accident Can Cause A SLAP Tear
Motor vehicle collisions create forces that the shoulder does not normally experience. A driver may instinctively lock both arms against the steering wheel before impact. When another vehicle strikes the car, crash forces can travel from the hands through the arms and directly into the shoulder joints.
A SLAP tear may also occur when the shoulder strikes a door, dashboard, seat, or another part of the vehicle. Seat belt restraint can place additional force across the upper body during a sudden stop. Motorcyclists, bicyclists, and pedestrians may sustain labral injuries when they extend an arm to break a fall or strike the roadway.
We do not assume that vehicle damage must be dramatic before a serious shoulder injury can occur. The relevant question is whether the forces involved in the particular collision are medically consistent with the diagnosed injury.
Why SLAP Tears Can Be Difficult Injury Claims
A SLAP tear does not always produce dramatic symptoms at the accident scene. An injured person might initially believe the shoulder is simply sore. Symptoms may become more pronounced when ordinary activities such as dressing, reaching, driving, sleeping, or lifting begin causing persistent pain.
Insurance carriers may point to a delay in diagnosis as evidence against causation. We therefore examine emergency treatment records, primary care visits, orthopedic records, physical therapy notes, imaging studies, and prior medical history to establish the progression of the condition.
A pre-existing shoulder problem also does not automatically defeat a claim. If a crash worsened an existing condition or caused previously manageable symptoms to become disabling, that aggravation may still be legally significant.
Michigan No-Fault Benefits For A SLAP Tear
Michigan’s No-Fault Act provides Personal Injury Protection benefits for qualifying losses arising from motor vehicle accidents. Under MCL 500.3107, PIP benefits may include reasonable charges for reasonably necessary medical care, recovery, and rehabilitation, subject to applicable statutory and policy limitations.
For a serious shoulder injury, accident-related care may include diagnostic imaging, orthopedic treatment, physical therapy, injections, medication, and surgery when medically necessary. MCL 500.3107 also provides qualifying work-loss benefits for income an injured person would have earned during the first three years following the accident, subject to statutory limitations.
These benefits are different from a liability claim against the negligent driver. We examine both potential sources of recovery because a serious shoulder injury may generate No-Fault benefits as well as a separate third-party claim.
Can A SLAP Tear Support A Pain And Suffering Claim?
Michigan places a threshold on recovering noneconomic damages from an at-fault motorist. Under MCL 500.3135, a motor vehicle accident victim may pursue noneconomic damages when the accident results in death, permanent serious disfigurement, or a serious impairment of body function.
Whether a SLAP tear satisfies the serious impairment standard depends on the circumstances. We examine the objectively manifested impairment, the importance of the affected shoulder function, and the effect the impairment has had on the person’s general ability to lead a normal life.
A tear requiring surgery, prolonged rehabilitation, work restrictions, or significant limitations involving lifting, reaching, sleeping, driving, household duties, or recreation may present substantial evidence supporting the claim. The analysis is individualized rather than based solely on the diagnostic label.
When SLAP Tear Surgery Becomes Necessary
Some SLAP tears improve with conservative treatment. Others continue causing pain and instability despite physical therapy, medication, activity modification, or injections.
When conservative treatment fails, arthroscopic surgery may be recommended. Depending on the injury, treatment may include repairing the torn labrum or addressing the attachment of the biceps tendon. Rehabilitation after surgery may continue for months.
We consider the entire course of treatment when evaluating damages. A surgical claim may include the procedure itself, rehabilitation expenses, time away from employment, physical restrictions, pain during recovery, and any permanent limitations that remain after treatment.
Comparative Fault Can Affect A Michigan Injury Recovery
An insurance company may also argue that the injured person contributed to the accident. Under MCL 600.2959, damages are reduced according to the injured person’s percentage of comparative fault. If that person’s fault is greater than the combined fault of the other responsible persons, noneconomic damages are unavailable.
This makes liability evidence especially important. We may examine photographs, police reports, witness accounts, available video, electronic vehicle information, and other evidence to determine precisely how the collision occurred.
The Deadline For Filing A Michigan Injury Lawsuit
Michigan generally provides a three-year limitations period for actions involving personal injury under MCL 600.5805. Different deadlines and procedural requirements can apply to certain defendants or particular types of claims.
We do not recommend waiting until the limitations period is approaching. Shoulder claims often require time to understand the full diagnosis, obtain treatment records, evaluate future care, and preserve evidence concerning the accident itself.
Speak With Ravid & Associates, P.C. About A Michigan SLAP Tear Claim
A SLAP tear can interfere with work, sleep, driving, household responsibilities, and ordinary movements that once required little thought. When shoulder pain continues after a motor vehicle crash, we believe the injury deserves a careful investigation rather than an assumption that it is temporary soreness. We examine how the collision happened, the medical evidence connecting the trauma to the shoulder damage, the treatment required, and the long-term effects of the injury.
Ravid & Associates, P.C. represents people with serious motor vehicle accident injuries, including shoulder and labral injuries, in Detroit and throughout Michigan. We work to identify available No-Fault benefits, determine whether a third-party injury action can be pursued, respond to insurance company disputes, and seek compensation supported by the evidence.
If a motor vehicle accident caused a SLAP tear or another serious shoulder injury, call our Detroit car accident lawyers at Ravid & Associates, P.C. today at (248) 948-9696 to receive your free consultation. We represent injured clients in Detroit and throughout the entire state of Michigan from our office location in Southfield, Michigan. We can review what happened, examine the available insurance coverage, and explain the legal options for pursuing compensation under Michigan law.
