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Soft Tissue Injury Claims (Explained)

Victims of soft tissue injury claims often find it difficult to recover their losses. As these injuries are not visible like bone injuries the patient might take plenty of time to determine he is suffering from soft tissue injury. 

It also happens due to a need for more understanding of soft tissue injury laws or the absence of an experienced attorney who might guide the plaintiff at every step. Today we will help you understand the criterion by which an injury will be recognized as a soft tissue injury, how to file a lawsuit, and how to acquire fair compensation. 

How to Recognize a Soft Tissue Injury?

Car accidents are troubling, often causing severe injuries and pain. However, sometimes the collision might not cause a broken bone, but you feel muscle stiffness, redness, and crippling pain. These are all signs of a soft tissue injury. 

What is Soft Tissue?

Soft Tissue Injury Claims

Soft tissues hold the skeleton together and are responsible for creating body movements. These include;

Ligaments: that connect bones at the joints.

Muscles: that give your body motion and strength by contracting and relaxing.

Tendons: that attach muscles to bones.

Cartilage: these are the joints that provide a smooth interface.

Statute of Limitations in Soft Tissue Injury Law

The statute of limitation is the time limit within which a victim must file a claim in the court. It varies from state to state depending upon the prevailing law. The statute of Limitations for soft tissue injury in California and New Jersey is two years. Whereas in New York, it is three years from the date of the injury also depending on the discovery rule. Failing to file a lawsuit within the statute of limitations might cause the dismissal of the claim. 

What Causes A Soft Tissue Injury?

Soft tissue injuries can be caused due to an acute injury or overuse injury. An acute injury occurs due to a single traumatic event. These include a car accident, a slip, and fall, or a blow during a sport event. The other form is the overuse injury, which occurs when someone is repeatedly engaged in an activity that prevents a part of the body from resting and recovering. Types of soft tissue injuries include;

Bruises: including pain, swelling, and blue, blur or yellow discoloration.

Sprains: joint pain, limited joint motion, instability and bruises.

Strains: Muscle pain, stiffness, muscle weakness and spasms.

Torn Cartilage: joint pain, inflammation. Limited joint motion, hitching in joints.

Why is Soft Tissue Injury Alarming?

As discussed above, soft tissue injuries do not appear immediately and the patients do not take them seriously unless it hinders life activities. Victims might take a long to understand the severity of the injuries, ultimately wasting time and decreasing the viability to get fair compensation. Also, these types of injuries are hard to prove and need solid evidence as insurance companies do not consider them serious like spinal cord and brain injuries. 

How Can A Soft Tissue Injury Lawyer Help?

Soft Tissue Injury Claims (Explained)

A lawyer can help you prove the severity of your soft injury by collecting and presenting all the evidence, especially the medical reports and bills. The lawyer will negotiate with the tricky insurer, who might consider the injury a previously worsened ailment or aging effects, and convince him lawfully to win the claim and recover damages. 

Recovering Soft Tissue Injury Compensation

A successful soft tissue injury claim will help you recover economic and non-economic damages including medical bills, loss of income, and reduced earning capacity. 

Whereas, non-economic damages include pain and suffering, emotional trauma, and inability to continue life activities. 

Related Post: How long after a car accident can you claim injury?

What is The Average Compensation For Soft Tissue  Injury?

Soft tissue injury compensations depend upon factors like the severity of the injuries and the level of damages. The average settlement for minor soft tissue injuries ranges from $500 to $10,000. Whereas, moderate injuries compensation ranges from $10,000 to $50,000. 

The severe soft tissue injuries settlement ranges from $50,000 to $100,000. An experienced personal injury lawyer will advise you to receive medical treatment properly and keep records of each time you visit the doctor or pay for medicines. This will help you prove the severity of your claim in court. 

As we discussed above, proving soft tissue injuries is difficult. One of the ways to establish the critical condition is by taking appropriate physical therapy for your injury. The court or insurance companies will verify the acuteness of your injury from different accounts. And your physiotherapy bills can help increase the compensation.