Soft Tissue Injury from a Car AccidentTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. October 13, 2020
Injuries from a car accident can vary depending on factors such as the type of vehicles involved, the crash severity, and the location of the impact on your car. Even seemingly minor impact accidents can leave you injured.
Some of the most common injuries reported in a car accident are soft tissue. A soft tissue injury in a car accident can be serious, no matter how much the other driver’s insurance company tells you it’s not.
Because insurance companies typically undervalue and downplay a soft tissue injury after a car accident, you need an experienced Florida auto accident attorney on your side.
Common Ways to Suffer Soft Tissue Injuries
Many prospective clients have questions, including, what is soft tissue injury in a car accident? Soft tissue injuries refer to your muscles, tendons, and ligaments, whereas your bones are hard tissue.
Soft tissue damage after a car accident is common because the sudden force can cause ligaments, muscles, and tendons to move beyond their normal range. Insurance adjusters tend to dismiss all soft tissue injuries as being minor and therefore undervalue these claims.
Some of the most common soft tissue injury claims we represent clients for include:
- Sprains and strains,
- Compressed nerve,
- Rotator cuff tear,
- Hernia, and
- ACL tear.
If you sustained soft tissue injuries in a car accident caused by another person’s negligence, you have the right to bring a claim for your damages.
Don’t let an insurance adjuster tell you that you don’t have a claim because you sustained only soft tissue damage. Car accident settlements can definitely include reimbursement for your soft tissue injuries.
Symptoms of Soft Tissue Injuries
Soft tissue injuries aren’t always apparent at the accident scene. Some of these develop over a couple of days. Potential symptoms to watch for after a car accident include:
- Back pain;
- Neck pain and stiffness;
- Skin discoloration;
- Inflammation in your affected body part;
- Pain when moving your affected body part;
- Sudden onset of pain;
- A burning sensation that travels down your arm or leg;
- Inability to put weight on a joint; and
- Cognitive issues, including difficulty concentrating or remembering things.
Some soft tissue injuries will heal on their own with minimal medical intervention. However, other injuries could require extensive rehabilitation and even surgical intervention.
What to Do If You Think You Have a Soft Tissue Injury
If you suspect you have a soft tissue injury, you need to schedule a medical appointment right away. It’s crucial to seek treatment following an accident, even if you don’t think you are injured. Sometimes, there could be internal injuries that you can’t visibly see or feel.
It’s essential to follow all orders your doctors give you. Otherwise, you can cause additional harm, and the at-fault driver’s insurance company will use this to reduce your case value.
Is There an Average Settlement for Soft Tissue Injuries?
No, there is no average settlement amount for soft tissue injury claims. Every car accident is unique, as are your injuries. Someone who suffered a concussion will likely have a higher settlement than someone else who suffered only a minor back strain that healed in several weeks.
What Factors Affect My Settlement?
Multiple factors can affect your potential soft tissue injury car accident settlement. While most soft tissue cases resolve before a lawsuit is filed, some claims will wind up in litigation. Some of the most influential factors in a soft tissue injury case include:
- The severity of your injuries;
- The length of time it took for you to recover and whether there are long-term effects or a permanent disability;
- The impact of your injuries on your career;
- The percentage of your own negligence that contributed to the accident
;, if any;
- The amount of pain and suffering you experienced; and
Another critical factor in determining your potential settlement amount is the evidence you’ve collected. Because soft tissue injuries are often harder to prove, you must have as much evidence as possible. For example, scene photos that show the vehicle damage and surrounding area can be critical evidence.
It would be best if you also kept a pain journal after the accident. It’s easier to go back and discuss how the accident impacted your life when you can recount specific episodes and problems you encountered.
If your case winds up in litigation, it could be a months before you give a deposition. You can review your pain journal and refresh your memory if necessary, before testifying.
Does Hiring an Attorney Increase My Settlement Amount?
In most cases, hiring an attorney will increase your potential settlement amount. Insurance companies notoriously undervalue or wrongfully deny claims when you don’t have legal representation.
Having an attorney on your side is essential. That will keep the insurance company from taking advantage of your inexperience. You want someone who can protect your rights and negotiate for the maximum amount of compensation possible.
How We Will Help with Your Case
When you retain Abrahamson & Uiterwyk to represent you for a soft tissue injury in a car accident, we will conduct an independent investigation. We will gather all the necessary evidence, your medical records, bills, and confirmation of your missed time from work.
If your case warrants it, we will retain industry experts who can testify in your case. Potential experts may include an accident reconstructionist who can testify on liability or a medical doctor who can confirm that your soft tissue injuries required the treatment you received.
If your case doesn’t resolve through negotiations, we are prepared to file a lawsuit and take your case to trial if necessary. We have over 30 years of experience fighting for our clients and have recovered hundreds of millions of dollars in compensation.
Let us put our trial experience and knowledge to work for you. Contact Abrahamson & Uiterwyk today to schedule an initial consultation.
Get Your Accident Questions Answered
Understandably, prospective clients have a lot of questions when they meet with us. Here are answers to some of the most common questions to help you better prepare for your consultation.
What Type of Compensation Will I Receive?
If you sustained a soft tissue injury, car accident settlement amounts could include compensation for your medical expenses, future medical treatment, lost wages, property damage, loss of earning capacity, pain and suffering, and more.
Can I Still Get Compensation If I’m Partially at Fault?
Florida is a pure comparative negligence state. That means you could still collect a portion of your damages, even if you are mostly at fault. For example, if you are 20% at fault, you could collect up to 80% of your damages.
What Do I Do If the Other Driver’s Insurance Sends Me a Release to Sign?
If the insurance company tries to get you to sign a release of all claims, don’t do it without speaking with an attorney first. Insurance companies count on your inexperience with the legal system to get you to agree to a settlement that is much less than your case is worth.