Remember, there are some medical bills that you will have to pay out of your pocket, with the hope of receiving a full reimbursement after the approval of your claim. Unfortunately, these computer systems are not perfect as they do not factor in individual complexities that should influence the amount you receive in your settlement. This grade can severely immobilize you and mean a long road to recovery and potentially a permanent alteration in the affected area. $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. How long is recovery for these injuries? This includes all paid and unpaid future medical expenses. Injuries to the ligaments can as a byproduct cause there to be tearing and damage to the nerves that are connected to the tissue as well. One well known program is known as Colossus. This is a slow growing tumor and recent research has shown that this can actually come about because of a soft tissue injury. When there is irritation of inflammation of the bursa sac in the knee, shoulder, elbows, etc., it affects your ability to move your legs without there being intense pain involved. LIABILITY Liability is clear. Most soft-tissue injuries, including mild whiplash injuries, will settle for $2,000 to $5,000. For instance, a computer may generate $10,000 as the initial offer and then double or triple the amount while giving the second offer. Symptoms of a soft tissue injury after a car accident Symptoms include: Pain Swelling Bruising Discoloration Muscle spasms Inability to use the injured part normally Loss of or limited range of motion Numbness in the affected area Complications from a soft tissue injury after a car accident Complications may include: Subcutaneous bleeding A medical professional - not ICBC - will diagnose your injury, and this diagnosis will determine whether it is minor or not. This minor claim of the plaintiff will then be used in the proceedings. He experienced recurring post-concussion headaches. $800,000 Defective Product and Defective Design - Personal Injury He tells me it's very unlikely I will get more than that being that it is a soft tissue case. The insurance company argued the impact 'was so minor' it could not have caused a serious soft . Pain research and management,10(2), 71-74. Read on to see what the average settlements are in soft tissue injury cases. Serving nationwide in all 50 states on a case-by-case basis with a national network of relationships and on a Pro Hac Vice basis. Therefore, it is good to avoid turning down offers on the insurance adjusters settlement. These kinds of injuriesfrom so-called "whiplash" to more signficant kinds of soft tissue damage like muscle tears and nerve damagecan be difficult to prove. Typically, soft tissue injuries get low settlements as compared to other injuries. Some adjusters use the Colossus calculation as a guide while making an offer for your settlement, while others, especially new adjusters, take the value as the absolute figure for the offer. Many injuries, such as soft tissue injuries, have a maximum settlement that needs to be compensated by those at fault for the accident. It just means its more challenging to show medical evidence that you are indeed suffering. Based upon the clear liability and the injuries and damages sustained, I will counsel Megan that she should settle her claims against your insured for a $100,000.00 payout. After hiring excellent lawyers, she was able to win the claim, and the injuries were awarded a multiplier of 4. When you have a car accident, this ligament can get damaged because during an accident the knee bends and moves in unnatural positions and in unnatural velocities. Bursitis: This injury results in the inflammation of the sacs of fluid around the bones, tendons, and muscles known as a bursa. The driver or defendant who isnt found guilty of the injury will be released and will not pay any compensation. Platelet-rich therapy involves the production of a platelet-rich (concentrated) fraction of the patient's own blood. It is characterized by a collection of symptoms that occur following damage to the neck, usually because of sudden extension and flexion (bending). The three plaintiffs alleged negligence against the transport van driver. In conclusion, a soft tissue injury and car accident settlement range from $2,500 to $350,000 depending on the degree of injury caused. Higher energy injuries do more damage to the bone and soft tissues around the bone and are more likely to have nonunion than a low-energy fracture that might occur from a fall. Most people are skeptical about soft tissue injuries as they can seem considerably minor but worsen after some weeks or months. Below is a list of Settlements and Verdicts obtained for clients since 2012 only: $9,000,000 CAR ACCIDENT For two clients badly hurt in a tractor-trailer accident. Settled for policy limits of $50,000. Sprain: This soft tissue damage affects the tissues that connect bones in your body, known as ligaments. This limitation on your life can be anywhere from a few days to as along as a few months depending on your injury and recovery time. Article Author: This law article was written by attorney Ray Benyamin, Esquire. $537,000 settlement for a man who required cervical fusion surgery following a car accident. This way, if a jury needs to decide your case they will have all the necessary evidence to make a complete and fair evaluation of how badly you were hurt. Soft tissue injuries, regardless of the grade that they are, will keep you from your normal activities, including working, for a period of time. On the other hand, a multiplier of 4 or 5 is assigned for long-term and more severe cases or even permanent injuries like spine injury, brain injury, an injury to the internal organs, and many others. This is also aided by any history of relative concerns before the car accident, such as pre-existing health conditions, body damage, and liabilities. For example, if your injury-related treatment bills are $1,000,000, a jury is likely to award you more money than if your injury-related treatment bills are only $1,000. Most of the claims involved of automobile accidents. An Unusual Os Trigonum Syndrome Case Secondary to Car Accident. Some of the factors include: These injuries cannot show with diagnostic imaging such as X-rays, CAT scans, and MRIs, unlike hard injuries. For the best legal services, a Los Angeles spinal cord injury attorney provides, allow us to provide you with a free consultation. You were out of work for a week, which made you lose $2,000 in income. Another thing, it is also helpful to attend an appointment with a doctor or hospital, which will provide more evidence on the soft tissue cases caught by an employee. A grade two injury takes a little longer and has a recovery time of a few weeks to a little over a month. In many cases, such as shoulder, knee or elbow injuries, surgery may be the only option to offer long-term pain relief and any return to normalcy. VERDICT: $106,000.00 While going through a green light, plaintiff was hit in the intersection by an underinsured driver. First, there must be adequate pieces of evidence regarding the cause and effect of the injury. Therefore, if the medical costs amount to $5,000 and the multiplier is 2, you will receive $10,000 as the settlement. Soft tissue damage happens when you suffer trauma to your tendons, ligaments, and muscles. My total medical bills are close to $8000. $29,000 - Settlement 2019 - Maryland GEICO contested liability on behalf of its insured in failure to yield accident involving multiple cars. Wallis, L. A., & Greaves, I. J. E. M. J. It is important to note that soft tissue damage can affect any part of the body because soft tissue is in all parts of the body. This is your insured's policy limit and it should be the settlement amount in this lawsuit. The medical reports from your doctor will play a key role in proving an injury for your claims approval. This type of injury is usually painful and often causes stiffness and tenderness in the neck. My lawyer seems to think that $12-$15,000 is a fair settlement for a soft tissue case, and is pressuring me to consider settling for that amount. Whiplash: Commonly neck injuries and tissue damage around your head. The fact that these soft tissue elements are in the entire body means that major areas of the torso and neck are often affected with these injuries. Convincing the jury to provide full car accident settlement and compensation, Lastly, the amount of the settlement can be as low as $2,500 to $350,000. Settlement for a client who was injured in an automobile accident while on the job when another driver ran into the rear end of his vehicle while stopped in traffic. Please consult with a licensed attorney in your state instead of solely relying on the information on this site. Soft tissue injuries can sometimes be difficult to assess, hence knowing the symptoms of soft tissue injuries is important. Rhonda is an executive secretary earning $24 per hour. Some of the damage your soft tissue sustains after a car accident can take time to show up. This happens by stretching, overuse, or force. If employees, especially drivers, cause soft tissue injury without their fault as the fault driver, then the settlement procedure will be affected. This pain can radiate from where the injury happened to adjacent parts of the body creating large amounts of overall pain. In many cases, mild to moderate whiplash claims can result in anywhere from $2,500 to $10,000 worth of compensation. The insurance companies will fight hard to deprive you of compensation that barely even covers your medical costs and lost wages, let alone your pain and suffering. These firms are ordering their adjusters to offer low initial settlements in soft tissue cases resulting from minor vehicle damage or low-speed crashes. In order to do this you will have to prove how much pain and suffering you are experiencing. Consequently, accident victims who suffer a minor strain or sprain that keeps them from work for a day or two are likely to get a smaller settlement than a person who suffers a permanent disability. Worst, they will also pay for the damages brought to the defendant both personally and materially, and even a personal injury. Ankle sprains whiplash amount $15,000, shoulder injuries whiplash for $20,000, and up to whiplash $350,000 for severe injuries and car accident cases such as a herniated disc or rotator cuff injury. Despite this, with competent representation, average insurance settlements for soft tissue injury cases have ranged on average between $10,000-$20,000 for soft tissue injuries like ankle injuries and neck and back related soft tissue sprains and strains. Aust, M. C., Spies, M., Kall, S., Gohritz, A., Boorboor, P., Kolokythas, P., & Vogt, P. M. (2007). Expansion 0.36-0.72 inches 0.4-0.76 inches. (833) 5387-783 The types of damages are: Special damages - medical bills, lost wages/ lost earnings Sprains and strains.. This includes your fibrous tissues, tendons, ligaments, muscles, fascia, nerves, blood vessels, synovial membranes and body fat. As proof, Ill mention that a large body of literature supports the fact that approximately 40% of soft tissue injuries resulting from car accidents are permanent. Lastly, the amount of the settlement can be as low as $2,500 to $350,000. Injuries associated with airbag deployment. Bursitis occurs when there is trauma to the soft tissue in the knee or other areas that have a bursa sac in a car accident. A reliable and experienced personal injury will persuade the jury and the company and clear the unfair assumption that soft tissue injuries always result in minor damages. You'll also get paid more if the other driver was found to be driving . The victims soft tissue injuries can be well-compensated, and their pain and suffering can end. Once the case settles, the insurance company and the accident victim agree on the amount that will end the claim. Insurance companies systematically refuse to fairly compensate car accident victims with soft tissue injuries. Not every soft tissue injury results in low compensation. This car accident settlement was the policy limits. The man alleged negligence against the at-fault driver. These injuries usually can't be seen, so they're harder to understand and it's more difficult to convince an insurance company that they're real. Soft tissue damage, or damage to the tissue or muscles rather than the bone, often eludes objective medical testing because the injuries typically do not show up on CAT scans, X-rays, MRIs or other conventional medical tests. Bursitis is likely to flare up in the shoulder, hip, elbow, ankle, and foot. Once the soft tissue injury claim is proven to be true, that injury claim can be used to compensate for your injuries. The recovery was for a child who suffered an in-utero brain injury as a result of a rollover car accident. They claimed she ran a stop sign and failed to yield the right-of-way. This may sound great. People with a preexisting condition have a higher risk of injury, but anyone can get injured in low impact car accident. If a soft tissue injury is not identified in a timely manner, the injury will only get worse over time making recovery harder and in some cases, impossible. The term soft tissue injuries typically refers to an injury to your ligaments, muscles, or tendons. The average workers compensation settlement for hand injury claims is from $15,000 to $35,000 if you are released to full duty work when you reach maximum medical improvement. Should I accept the offer for soft tissue injury or go for a trial? Whiplash, also called neck sprain or neck strain, is a soft tissue injury to the neck. Nothing on this website is, or should be taken as, legal advice. ; Some neck and back injuries are minor and often settle for around $10,000.If the back or neck injuries were severe, debilitating, or paralyzing . This will ensure that the deliberation will be well-thought and pondered. Attorneys on our team have secured $30,000, $50,000, and $200,000 recoveries for clients with soft tissue injuries. These include: It is easy for you to ignore minor injuries and assume that they will heal on their own. |. I had a car accident, do I have a soft tissue injury? Still, there are exceptions, especially if the employees of the insurance companies caused the accident outside the means, such as personal injury and coverage of their insurance company. Tu, Y. K., Yen, C. Y., Ma, C. H., Yu, S. W., Chou, Y. C., Lee, M. S., & Ueng, S. W. N. (2008). Bruises (contusions) and abrasions fall under the category of soft tissue injuries as well. Acute soft tissue neck injury from unexpected acceleration. If the injured accident victim has to seek physical therapy, injections, or other procedures to treat the soft tissue neck or back injury, the accident victim's settlement compensation may be in the neighborhood of $30,000. Remember, many injuries take time to show symptoms, and they are better treated as early as possible to avoid further complications. When it comes to soft tissue injury claims, many insurance companies are usually skeptical and have ranges of the amount that are willing to pay for a claim on this type of injury. The man fell on a patch of ice in their parking lot. The non-fault driver suffered soft-tissue injuries, including the aggravation of a pre-existing one. Right after the case report, lawyers need to reserve the PIP or Personal Injury Protection benefits for the lost wages and medical treatment except for the plaintiff. Safer, V. B., Safer, U., & Kaya, L. (2016). At least $60,000 for bodily injury for two or more people. Soft tissue sarcoma is a rare type of cancer that begins in the tissues that connect, support and surround other body structures. To increase your chances of getting a fair settlement, you need to take many steps. The Superintendent of Insurance, Sherri Wilson has announced the 2020 soft tissue (minor injury) cap amount. Throughout the human anatomy are 650 muscles (although the muscles are often further classified into 850 distinct tissues). The rear end force can compress your back and spine. The bursa sac normally allows your knee or shoulder or other areas with this sac to move and the fluid in the sac ensures that there is ease in the rubbing of the bones, muscles and tendons in the area without pain from friction. Defendant never offered to pay client's medical bills. Myalgia is the pain that you can get in a single or group of muscles after a car accident. The impact of an accident can cause ligaments that hold together vital bones like the ones in the knee, to become weakened and to disconnect from each other or tear. Soft tissue will include: Your question now may be whether or not you have a soft tissue injury after your car accident. In most cases, the jury will offer a compassionate approach that helps in calculating your losses resulting from the injury. Another factor affecting the car accident settlement and soft tissue cases is the damage. Pains like this and injuries to the soft tissue in these parts of the body require immediate medical monitoring because they not only take time to present, they are also often hard to even see with diagnostic tools. Yes and no. This means lots of rest, using compression tools like braces and using combinations of heat and ice to treat the affected area. When an attorney represents a car accident victim with a soft tissue injury, they should: Our personal injury law firm will also be able to determine the deadlines in your case. Tears and rips in tendons and connective tissues may require surgery and there can be weeks to months of downtime before you are back to normal. Some of the most common symptoms which may indicate that you have a soft tissue injury are: It is important however to know that you need prompt medical care and assessment to know what injury you have and exactly which soft tissue injury your car accident has caused you to sustain so that there is concrete documentation. In this way, they can easily and effectively make amendments when needed. Instead, the other party or the other cause of the injury will be the one to pay compensation for the medical bills such as cervical spine injuries, x-rays, physical therapy, and other medical treatment needs. It is very important in soft tissue injury cases to prove who was at fault in the case. These kinds of injuries are broken down into grade 1, grade 2 and grade 3 injuries. Analysis of 31 cases. Nevertheless, you might also be required to wait for the settlement funds in order to manage some medical bills. Defense lawyers and insurance companies can make a wide range of arguments about your claims even if you have hard-to-refuse evidence such as an x-ray image showing a broken bone. Instead, the other party or the other cause of the injury will be the one to pay compensation for the medical bills such as, Settling concerns such as a soft tissue injury while expecting a full car accident minor claim, pain treatment, client or defendant win against the plaintiff requires legal help from a lawyer or. However, you can't automatically assume you'll get $24,000. Contact our office today to learn more about how we can help you pursue a personal injury claim with Travelers Insurance. Lets look at some of the major factors that determine the amount of the settlement in your minor car accident claim include: This includes all of your expenses from medical treatments you had as a direct result from the injuries you suffered in your accident.
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