In California, you may receive compensation for a car accident soft tissue injury.
Our experienced San Bernardino car accident lawyers at LA Century Law explain soft tissue injuries, why insurance companies downplay them, and how you can fight back.
What Are Soft Tissue Injuries in a Car Accident?
Soft tissue injuries in a car accident are injuries to the supportive and connective tissue in your body. It includes harm to:
- Tendons
- Ligaments
- Muscles
- Nerves
- Blood vessels
- Fat
Soft tissues are body tissues other than bones and organs. They are tissues that haven’t calcified and ossified into bone.
Organs are made of soft tissue, but they’re different. Organs are complex groups of tissues that work together to perform a specific function. When we talk about soft tissue injuries in car accidents, we mean the tissues that connect the body.
Approximately half of all car accident injuries are soft tissue injuries.
Types of soft tissue injury from car accidents
Here are some types of soft tissue injury:
- Whiplash
- Tears, sprains
- Contusions, bruising
- Cuts, lacerations
- Inflammation, tendonitis, bursitis
The sudden deceleration that occurs in a car accident may strain tissues beyond what they can withstand. In addition, soft tissue injury may result from blunt force trauma.
Are soft tissue car accident injuries serious?
Even without broken bones, soft tissue damage can be serious. Cuts can result in life-threatening bleeding, externally or internally. Tendonitis inflammation can last for months. Limited blood flow to soft tissues can slow healing. These are serious injuries that can cause pain, limit function, and require significant medical intervention.
Why Insurers Dispute Soft Tissue Claims — And How to Fight Back
Here are some reasons that insurance companies dispute soft tissue claims:
Soft tissue injuries can be more serious than vehicle damage.
Even a minor accident can cause harm. Vehicle damage may not adequately reflect injury severity.
Soft tissue injuries vary in severity.
Some soft tissue injuries heal after a few weeks of rest. Others still impact the victim’s life after six months. Some soft tissue injuries are medical emergencies. Surgery may be required. Insurance companies use this variability to downplay the most serious claims.
Soft tissue injuries don’t always show in medical imaging.
X-rays don’t show soft tissue damage like they show broken bones. More detailed imaging may be required, such as a CT scan or an MRI. Diagnosis can be subjective, relying on self-reported symptoms. This leaves more room for the insurance company to question the severity of injuries.
Soft tissue injuries may involve pre-existing conditions.
A soft tissue injury may be a re-injury or aggravation of a pre-existing injury. Legally, the party at fault is responsible for the new injury, but it can be hard to sort out what part of the injury is new.
Soft tissue injuries may involve delayed diagnosis.
Symptoms of whiplash can be delayed. The trauma of the accident may mask injuries. You may have a brain injury or shock. Inflammation can build up over time. Problems can arise later, like muscle spasms. Even though these delays are common, the insurance company may use them to question the severity of injuries.
Soft tissue injuries are portrayed poorly in the media.
The media skeptically portrays whiplash claims. They imply that victims exaggerate, often complete with thick, foam neck braces. It’s unfair to victims and means they must fight for fair compensation.
How to fight back
You don’t just have to accept a low settlement. Here’s how to fight back:
- Get medical attention. Get medical attention as soon as you realize you may be injured.
- Document medical care. Keep records of the dates of care and services.
- Continue the course of healing. Establish a pattern of care and course of healing. Don’t allow gaps in your care.
- Follow instructions. Follow your medical care instructions, including rest and rehabilitation.
- Tell the truth. Don’t minimize your symptoms, even if you want to feel better.
The earlier you involve an attorney, the sooner you have guidance. When LA Century Law represents you, we speak to the insurance company. We guide you through medical documentation.
How Much Is a Soft Tissue Car Accident Settlement Worth in California?
In California, car accident victims may claim compensation. Case value depends on several factors.
For soft tissue injuries, the settlement value depends on the cost of medical care, the severity of pain, and how long the injuries take to heal. Usually, there are other damages and losses, like property damage. These losses count, too. The strength of the legal claim also matters.
An attorney from LA Century Law can fully value your California soft tissue injury car accident claim. We can explain the average settlement for soft tissue injury from a car accident. We can evaluate why your case may be more or less than average.
The Role of Medical Documentation in Soft Tissue Claims
It’s true that soft tissue injuries don’t always show in medical imaging. But medical documentation is still important.
Medical documentation establishes what injuries you have, even when the method is the opinion of a medical professional. Documentation explains how the accident caused injuries. It can support your claim for the required treatment. It can show progress as you heal.
How Comparative Negligence Affects Soft Tissue Settlements
Comparative negligence is shared legal fault. Shared fault may lower compensation. Comparative negligence applies to soft tissue injuries in California car accident claims.
Why You Need an Attorney for a Soft Tissue Injury Claim
An attorney knows:
- How to medically document soft tissue injuries from a car accident.
- What mistakes people make that hurt their claims.
- How to fight back against insurance company tactics.
- The steps to take to move your case forward while you recover.
- How to fight bias in soft tissue claims.
These are just some reasons that you need an attorney for a soft tissue car accident injury claim. LA Century Law is now accepting new cases.
Talk to LA Century Law About Your Soft Tissue Injury Claim
LA Century Law is an attorney handling soft tissue car accident claims in California. To talk to an attorney, call or message us now.