Soft Tissue Injury Lawsuit In 2024 | All-In-One Guide to Get Claim
Soft tissue injuries such as sprains and strains play a vital role in a personal injury case. If you suffer a soft-tissue injury that causes a long-term effect, you are eligible to file a soft tissue injury lawsuit to get compensation for damages.
Although these injuries are hard to prove, you should do everything possible to document a soft tissue injury for a personal injury lawsuit. In case of car accidents, more and more people are filing a lawsuit to sue the at-fault parties.
Understanding soft tissue injuries in detail
Soft tissue injuries are trauma to any skin, tendon, muscle, or ligament in the body. These injuries mostly occur during sports or exercising, car accidents, and fall down, but sometimes simple everyday activities can also cause an injury.
The long-term impact of soft tissue injuries can include loss of function, scarring, disfigurement, limited muscle strength, chronic pain, chronic numbness, and mobility limitations.
As a result, it requires you to alter your work schedule and your daily activities. These injuries don’t show up on diagnostic tests like x-rays.
It is difficult to recover the soft tissue compensation for soft tissue injuries without any professional help from the lawyers.
Types of soft tissue injuries
Soft tissue injuries are classified as acute injury and overuse injury.
1. Acute injury:
This type of injury occurs from a single traumatic event that can be a car accident, a slip and fall, or a blow during a sports event.
2. Overuse injury:
This type of injury involves someone repeatedly engaging in a particular activity with a certain part of the body, preventing the muscles and tissue in the area from resting and recovering.
Symptoms of soft tissue damage
- Inability to bear any weight.
- Limitations in your range of motion.
- Muscle spasms.
- Numbness or feeling of pins and needles.
- Pain and swelling.
- Reduced mobility and movement.
- Tearing of fibers and muscles.
- Weakness in muscles.
Challenges in soft tissue injury cases
- Some injurers downplay the significance of soft tissue injuries to reduce the compensation of accidents. After all, not everyone recognizes injuries can interfere with the victim’s ability to perform their job duties and engage in their day-to-day activities.
- Ask your doctors and vocational rehabilitation experts to explain the impact of the injuries on the victim’s physical, emotional, and financial well-being.
- The defendants and their insurers may also suggest that the soft tissue injuries resulted from pre-existing conditions or the wear and tear on the victim’s body through the aging process.
- The causations are also hard to establish in these cases and involve introducing expert testimony.
Even if the victim’s body was weakened from a pre-existing condition, a defendant will be held liable for causing the injuries. All you have to do is look for skilled soft tissue lawyers in Philadelphia who have extensive experience handling Soft Tissue Injury Lawsuit.
What to do if you have a soft tissue injury claim?
- Create a record of the accident in the workplace logbook, or the nearest police station or inform the owner of the premises where the accident happened.
- Click photographs of the scene of the accident with a special focus on the immediate cause of the accident, such as injuries.
- Gather all the contact details of people who witnessed the accident.
- Keep all medical records, doctor’s diagnosis, diagnostic test results, and treatment details.
- In case of high damages, it’s important to hire an expert witness to testify at a deposition about how the accident causes deep injuries and damages.
- In a smaller case, simply provide relatively convincing proof of the type of accident.
- In that instance, the insurance company will know that claims of the soft tissues injuries are typically for the type of accident. Moreover, if you also provide medical records with that, it may lead the insurance company to offer you a fair settlement for Soft Tissue Injury Lawsuit.
- If no insurance policy applies to the underlying accident, the same kind of documentation, photographs, and other proof should convince a soft tissue attorney.
Calculating damages
It’s quite difficult to calculate the soft tissue damages as these injuries are hard to prove. However, to determine a fair value of the damages you have suffered, your economic losses must be added up. It includes:
- Lost earning capacity.
- Medical bills.
- Property damages.
- Lost wages.
You can also get compensation for the non-economic damages, such as pain and suffering you have experienced due to your injury and other negative effects. These types of damages are multiplied by a factor that ranges from 1.5 to 4 or 5, according to the severity of your injury.
Nevertheless, if your case goes to trial, the jury will consider various factors when trying to determine the value of non-economic damages. It includes:
- The credibility of your supporting witnesses.
- How well the jury understands your injuries.
- If you have pre-existing conditions.
- The extent of your medical treatments.
- Your credibility and the likeability of the event.
- History of criminal or substance abuse.
Reasons to hire a skilled and experienced soft tissue attorney
It is strongly advised that any person who sustains soft tissue injuries caused by the careless action of another individual to work with an experienced attorney. It helps the victim to secure the compensation they need. Here are the top reasons to hire an attorney.
- The attorney has a strong relationship with doctors and insurance companies that helps you get fair compensation.
- Their experience with soft tissue injury cases will protect you from an unfair settlement from the insurance companies.
- The attorney knows the deadlines and files your case on time. There are various factors that an attorney will consider to help you pinpoint your statute date, date of the accident, age, and whether or not a lawsuit needs to be filed.
- The attorney will conduct a fair liability investigation. It helps to ensure your claim is not rejected or undervalued due to bogus theories or misleading statements.
If you want a Soft Tissue Injury lawyer who cares about you and the outcome of your Soft Tissue Injury Lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
