Experiencing a car accident can be overwhelming, and dealing with the aftermath of injuries can add to the stress. One common type of injury from car accidents is soft tissue injury, which can significantly impact your daily life.
Understanding the process of car accident settlement is crucial to ensure you receive fair compensation for your suffering and losses.
In this article, we will delve into various aspects of soft tissue injuries, the car accident settlement process, and how you can navigate this complex journey with the help of an experienced car accident personal injury lawyer.
What Are the Most Common Soft Tissue Injuries?
Soft tissue injuries damage the body’s muscles, ligaments, and tendons. These injuries are prevalent in car accidents and can range from minor discomfort to severe pain and disability.
Common types of soft tissue injury after a car accident include:
Whiplash: Whiplash injuries occur when a sudden force jerks the head and neck backward and forward, leading to long-term neck pain and stiffness.
Sprains and Strains: Sprains are injuries where the ligaments, the tissues connecting bones, are stretched or torn. Strains occur when tendons connecting muscles to bones are overstretched or torn. Both injuries can result from the strong impact in car accidents, causing pain, swelling, and difficulty moving the affected area.
Contusions: Also known as bruises, contusions happen when small blood vessels are damaged due to a direct blow or impact. The bleeding under the skin leads to discoloration and tenderness. Contusions can vary in severity, depending on the force of the impact.
Symptoms of Soft Tissue Injuries
Recognizing soft tissue injuries can be difficult because symptoms might not appear right after an accident.
Neck pain and discomfort: Pain in the neck and associated area is a common symptom ranging from mild to severe. It might be a sharp or dull ache, constant or come and go.
Back Pain and discomfort: Pain in the low or mid-back area is a common symptom ranging from mild to severe. It might be a sharp or dull ache, constant or come and go.
Swelling and bruising: Swelling occurs as the body responds to injury, causing the affected area to become puffy or inflamed. Bruising happens when blood vessels under the skin are damaged, leading to a visible discoloration ranging from purple to yellow.
Limited range of motion: An injured muscle, ligament, or tendon can restrict movement. This limitation can make everyday activities like walking or lifting more complex and painful.
Stiffness and weakness: The affected area may feel stiff and weak, making using the injured body part challenging. Stiffness can reduce flexibility, and weakness can decrease strength in the affected muscles or joints.
Soft tissue injuries after a car accident may take time to develop and to resolve. It’s essential you seek medical attention immediately, even if you don’t think you’ve suffered a serious injury.
Common Causes of Soft Tissue Injuries in Car Accidents
Due to the abrupt and forceful nature of car accidents, soft tissue injuries can occur in various types.
Here are the causes:
Rear-end collisions: In rear-end collisions, the sudden impact pushes the car forward, causing a rapid jerking motion. This can lead to whiplash injury and other soft tissue injuries resulting from the head and neck moving back and forth abruptly, straining the muscles and ligaments.
Side-impact crashes: Also known as T-bone collisions, these occur when a vehicle is struck from the side. The blunt force trauma can cause significant, sustained soft tissue injuries and damage to the shoulders, arms, and legs, as these areas absorb much of the collision’s impact. The body can be thrown against the car’s interior or twisted, leading to injuries like sprains, strains, and contusions.
Head-on collisions: In a head-on car crash, the impact force is distributed throughout the body, often resulting in severe soft tissue injuries. The body’s soft tissues in the chest, abdomen, and lower extremities are particularly vulnerable to injury after a car accident.
Rollover accidents: In rollover accidents, the car flips over onto its side or roof, causing a chaotic movement that can lead to extensive soft tissue injuries and chronic pain. Occupants may be thrown around inside the vehicle or ejected, leading to severe strains, sprains, and contusions as the body is subjected to multiple impacts and stresses.
Seat Belt injuries: While seatbelts are crucial for safety, they can also cause soft tissue injuries during a crash. The force of the collision can make the seat belt tighten sharply, potentially causing bruising and strains in the chest, abdomen, and shoulder areas.
Airbag deployment: Airbags deploy rapidly during a collision and offer personal injury protection, but this forceful deployment can sometimes cause soft tissue injuries. Airbag impact can cause contusions, abrasions, whiplash injuries, and strains in the face, neck, and upper body.
Pedestrian or cyclist impacts: When a car strikes a pedestrian or cyclist, the accident victim can suffer severe soft tissue injuries. The initial impact on the vehicle and the subsequent fall to the ground can cause extensive bruising, strains, and ligament tears in various body parts.
Internal vehicle impacts: During a collision, occupants can collide with the interior parts of the vehicle, such as the dashboard, steering wheel, or windows.
Sudden stops or swerves: Abrupt stops or swerves to avoid an accident can cause the body to be thrown against the seatbelt or interior parts of the car. Jolting causes soft tissue injuries, especially in the neck, shoulders, and back.
What to Do If You’ve Been in A Car Accident
Seek medical attention immediately: Even if you feel fine right after the accident, seeking medical attention is essential. Many soft tissue injuries caused by whiplash or sprains can have delayed symptoms. Doctors can assess damage to soft tissues and treat muscle, bone, and joint pain with medication as needed. Be sure to follow all instructions so as not to undermine your personal injury case.
Document the accident scene: Take photos of the vehicles, the surroundings, and any visible injuries. Gather contact information from witnesses and write down their statements if possible.
Notify your insurance company: Contact your insurance company immediately to report the accident and give them detailed information about any injuries you have sustained.
Consult with a personal injury attorney: Engaging a personal injury attorney helps you navigate the legal system, gather evidence, and negotiate on your behalf to ensure you receive fair compensation.
We offer a FREE case evaluation so that you can learn your legal options after your soft tissue-related car accident injuries. Call Rhoads & Rhoads law firm today at 888-709-9329.
The Legal Process of Filing a Soft Tissue Injury Claim
Filing a claim for a soft tissue injury involves several essential steps to see that you receive fair compensation.
Here’s a detailed look at the legal process:
Gather medical records: Obtain all medical records related to your injury, including doctor’s notes, treatment plans, physical therapy notes, and imaging studies (like X-rays or MRIs). This medical documentation helps demonstrate the extent of your injury and the required treatments.
Keep a record of expenses: Maintain a detailed log of all expenses related to your injury. This includes medical bills, prescription costs, physical therapy, and other treatment-related expenses. Also, keep track of missed paychecks if your injury keeps you from working.
File the claim: An experienced car accident lawyer will file the personal injury claim with the insurance company. This involves completing an investigation and ultimately submitting a demand letter outlining the accident’s details, the nature and extent of your injuries, and the compensation you seek.
Negotiation and fair settlement: After the personal injury claim is filed, the car accident driver’s insurance company may offer a settlement. Your attorney will negotiate to secure a fair amount based on your injuries and related expenses.
Legal action if necessary: In personal injury claims, your attorney may advise filing a lawsuit when a below-average settlement is offered, and a fair settlement cannot be reached through negotiation. This involves taking the soft tissue injury case to court, where a judge or jury will determine the outcome.
Review and sign settlement documents: Once a fair settlement is agreed upon, carefully review all documents before signing. See that the settlement covers all expenses and adequately compensates you for your injury and losses.
Receive compensation: You will receive your compensation after signing the soft tissue injury settlement agreement. Your attorney will see that all the paperwork is processed correctly and that you receive the agreed amount.
We offer FREE soft tissue injury claim evaluations so that you can learn your legal options after your soft tissue-related car accident injuries. Call Rhoads & Rhoads today at 888-709-9329.
Types of Compensation Available for Soft Tissue Injuries
If you have suffered any major soft tissue injury injuries in a car accident, you may be entitled to various types of compensation. Understanding these categories can help you estimate the potential value of your settlement.
Medical Expenses
You can seek compensation for all medical bills related to your injury, which may include:
- Emergency room visits: Costs associated with initial treatment immediately following the accident.
- Hospital stays: Expenses for any inpatient care required for your injury.
- Doctor consultations: Fees for visits to primary care doctors or specialists.
- Physical therapy: Costs for therapy sessions to help restore mobility and strength.
- Chiropractic care: Cost for chiropractic manipulations and therapies.
- Diagnostic tests: x-rays, CT scans, MRI, etc.
- Medications: Expenses for prescription drugs and over-the-counter medications necessary for your recovery.
Lost Wages
If your soft tissue injury prevents you from working, you can seek compensation for wages you’ve lost in the past and money you can’t earn in the future because of the injury.
Pain and Suffering
Compensation for pain and suffering addresses the physical pain and emotional distress caused by your injury. This is often calculated using a method that takes into consideration the “real-life” impact the injury has on you and affects your life. Including the pain you have endured or continue to endure.
Future Medical Expenses
For severe soft tissue injuries requiring ongoing treatment, you can seek compensation for future medical costs.
This can include:
- Ongoing therapy or chiropractic care: Continued physical therapy or other rehabilitative services.
- Future surgeries or treatments: Any additional medical procedures that may be necessary.
- Long-term medications: Costs of medications you will need to take long-term due to your injury.
Other Potential Compensation
- Future earnings loss: Compensation for the future wages you are likely to lose as a result of your injury and impairment.
- Loss of consortium: Compensation for the impact of your soft tissue injury on your relationship with your spouse or family.
- Rehabilitation and support services: Costs for additional support services needed for recovery or adaptation, such as home modifications or assistive devices.
- Transportation expenses: Costs related to traveling to and from medical appointments or therapy sessions.
- Legal fees: In some soft tissue cases, you may also be able to recover some case expenses and court costs associated with pursuing your claim.
Factors Affecting Settlement Amounts for Soft Tissue Injuries
Severity and duration of soft tissue injury: More severe injuries with longer recovery times generally result in higher soft tissue injury settlements. The impact on your ability to work and perform daily activities is also considered.
Quality of evidence: Comprehensive and well-documented evidence, including medical records, treatment plans, and detailed accounts of your chronic pain and suffering after you sustained soft tissue damage, can support a higher settlement.
Insurance policy limits: The other driver’s insurance company policy limits, or the limits on your no-fault insurance, affect the amount they can pay for serious injuries resulting from the accident. If the policy limit is lower than the calculated damages, it can cap the potential settlement.
Legal representation: Having an experienced attorney for your soft tissue injury case can help ensure all aspects of your soft tissue damage are thoroughly documented and argued, potentially leading to a higher settlement.
Comparative fault: If you are found partially at fault for the accident, your soft tissue damage settlement may be reduced by your percentage of fault. This means that if you are 20% at fault, your settlement may be reduced by 20%.
Impact on daily life: In soft tissue cases, damages based on the degree to which the injury affects one’s personal life and ability to work can increase the settlement.
Understanding these factors and how settlements are calculated can provide a clearer picture of what is typical in soft tissue injury cases like yours.
We offer FREE case evaluations so that you can learn your legal options after your soft tissue-related car accident injuries. Call Rhoads & Rhoads today at 888-709-9329.
Insurance Company Tactics for Reducing Settlements
Understanding how settlements for soft tissue injuries are calculated can help you estimate the potential value of your claim.
Here is a breakdown of the factors involved in the calculation process:
Disputing the severity of injuries: Insurance adjusters may question the seriousness of your injuries, suggesting they are less severe than claimed. They might use gaps in medical treatment or lack of immediate soft tissue injury symptoms to argue against the severity of your condition.
Delaying the settlement process: Insurers might pressure you into accepting a lower offer out of frustration or financial need by dragging out the settlement process. Extended delays can make you more likely to settle for less than what your claim is worth.
Offering quick, low settlements: Early lowball offers are a common tactic to resolve the claim quickly and for less money. These offers often do not account for the full extent of your medical bills, lost wages, and pain and suffering.
We offer FREE case evaluations so that you can learn your legal options after your soft tissue-related car accident injuries. Call Rhoads & Rhoads today at 888-709-9329.
What Is An Average Settlement for A Soft Tissue Injury?
The average settlement for soft tissue injuries varies based on the soft tissue injury case’s severity and other factors, including the quality of evidence and the specifics of the case.
Here are typical ranges:
Minor to moderate injuries: An average settlement for less severe injuries that involve temporary pain, minor medical treatment, and short-term recovery might range from $5,000 to $25,000. These soft tissue injury cases usually include injuries that do not have long-lasting effects.
Severe injuries: An average settlement for more serious injuries that lead to chronic pain, long-term medical treatment, or significant impact on daily life can exceed $50,000. These injuries may involve prolonged recovery, permanent damage, or ongoing medical needs.
We offer FREE case evaluations to discuss the average settlement a soft tissue-related car accident case like yours receives. Call Rhoads & Rhoads today at 888-709-9329.
How Hiring a Powerhouse Car Accident Attorney Can Help
Hiring a personal injury attorney can be beneficial, especially in complex cases or when dealing with uncooperative insurance companies.
Insurance companies typically follow procedures to keep the settlement as low as possible, so they aren’t prioritizing the fair compensation you deserve for your soft tissue injuries.
Here are a few ways attorneys help you secure the maximum soft tissue injury settlement:
Expertise: Personal injury attorneys deeply understand personal injury law and can effectively navigate the legal system. This expertise is crucial in building a solid personal injury case, interpreting rules and regulations, and leveraging legal precedents to support your soft tissue injury car accident claim.
Negotiation skills: A personal injury lawyer is a trained negotiator who can handle discussions with insurance companies to help you secure a fair settlement. Insurance companies often aim to minimize payouts, and an experienced attorney can counter these tactics by presenting compelling arguments and evidence.
Accurate claim valuation: An experienced car accident lawyer can provide an initial claim evaluation and give a realistic estimate of your claim’s value by assessing medical expenses, lost wages, pain and suffering, and future costs. They have the resources to consult with medical experts, economists, and other specialists to calculate the full extent of your damages, ensuring that all current and future expenses are considered in the settlement.
Peace of mind: With legal representation, you can focus on your recovery while your attorney manages the legal aspects of your claim. They handle the paperwork, communication with insurance companies, and court procedures, relieving you of these burdens.
Access to resources: Attorneys have access to a network of professionals who can support your case, including medical experts, accident reconstruction specialists, and investigators.
Advocacy in court: If negotiations fail and your case goes to court, an attorney can represent you throughout the trial. They can present evidence, question witnesses, and persuade a judge or jury.
Securing an experienced personal soft tissue injury claims attorney will significantly increase your chances of receiving an above-average car accident settlement.
We empower you with strategic solutions to win your case, fueled by our fierce determination. Reach out today at 888-709-9329 for a free case evaluation.
Common Questions About Soft Tissue Injury Settlements
How Long Does the Settlement Process Take?
Cases for soft tissue injuries involve an extensive process that can take a few months to over a year. It can be exhausting to tackle without an attorney because the insurance company’s willingness to negotiate often drives the timeline.
What If the Other Driver Is Uninsured?
If the other driver is uninsured, you may still be able to recover damages through your insurance policy, specifically if you have uninsured motorist coverage.
Can I Still Claim if I Wasn’t at Fault?
Yes, you can file a claim even if you weren’t at fault. The responsible party’s insurance should cover your damages.
Contact Rhoads & Rhoads Law Firm for Soft Tissue Damage Settlements
At Rhoads & Rhoads, we are dedicated to helping accident victims in Western Kentucky get the justice they deserve and securing an above-average car accident settlement whenever possible.
If you have sustained a severe soft tissue injury in a car accident, call Rhoads & Rhoads today at 888-709-9329 for a free consultation. We are a legal powerhouse in the courtroom and are ready to fight for you.