Last updated on April 7th, 2024 at 12:46 pm
What is the Average Payout for a Soft Tissue Injury Lawsuit?
An average soft tissue injury payout is $2,500 to $10,000 for whiplash; $15,000 for ankle strains; $20,000 for shoulder injuries; and $100,000 to $350,000 to treat herniated disks. However, individual cases are likely to vary greatly, so it is crucial to consult a Los Angeles personal injury lawyer. They do not charge an upfront fee for their services. Instead, they take a percentage of the settlement or jury award. This will leave you with more than what you would have received if you had filed pro see.
Soft tissue cases can be difficult to value
Soft tissue cases can be difficult to pursue due to many factors:
- Failing to seek medical attention immediately – There is no waiting around for a broken bone. You should immediately go to the hospital. Soft tissue injuries can be quite minor at first, but they will become more severe over time as swelling increases and stiffens.
- Absence of medical evidence – Unlike severe injuries, which can be seen with diagnostic imaging such as CAT scans and X-rays or MRIs, complications like inflammation or immune reaction are difficult to see or predict.
- Direct causation – The other side will try to claim that your injuries are due to a “prior medical condition”, an old accident, chronic workplace stress injury, or some other type of “prior medical condition”. Many people have attempted to cheat the system by filing fraudulent soft tissue injury claims. This makes it difficult to file legitimate claims.
- Complex treatment – A person can be fixed with surgery or direct fixation if they can comply for a year. Activity restrictions, physical therapy, and other treatments will not be necessary.
You can get maximum benefits for your expenses through meticulous documentation, expert testimony, and aggressive legal strategy.
What does soft tissue mean?
“Soft tissue” refers to muscles, ligaments, tendons, and tissues. Muscle, adipose tissue, nerves, lymphatic veins, tendons, ligaments, and other fibrous structures are also considered soft tissues. If soft tissues get hurt, they can put too much stress on the structures they support or damage organs, which leads to pain and problems for a long time.
Soft tissue injury settlement compensation factors
Things that affect the amount of money awarded in soft tissue injury cases are:
- How bad the injury is—more money will usually be paid for more serious accidents.
- The settlement amount will depend on the cost of medical bills, such as doctor visits, hospital stays, physical therapy, and other medical experts. Because of your illness, you may be able to get money to make up for the money you lost at work.
- Pain and suffering: You may be able to get money if you are in physical or mental pain after the accident, like depression or anxiety. Remember that pain and suffering are subjective, so damages can differ based on the situation.
- After an accident, getting medical help right away is very important. Taking this step will make sure you get the right diagnosis and treatment for your pain. In addition, it makes a record that could be used as proof to support your claim. In the same way, don’t forget to keep good records as you go through the claims process.
Write down the days you missed work, how much money you would have made, and any sick or leave time you used. Write down the times you’re hurting and the kinds of hurt you’re having. You can use these records to give your insurance company or the other driver’s insurance company correct information, increasing your chances of getting a fair settlement.
A skilled lawyer can also help you figure out how much you’ve been hurt and fight for what you’re owed. We at Stenson Law know how to look at events as a whole, ensuring no stone is left unturned.
What Comes After I File My Soft Tissue Accident Car Claim?
Insurance companies usually follow a set plan for claims related to car accidents with soft tissue injuries.
The main points of how it works are shown below:
- Initial claim evaluation: After you file a claim with your insurance provider, a claims estimator will examine the damage and injuries you’ve suffered.
- Medical evaluation: If you have soft tissue injuries, your insurance company may want to see a doctor to determine how bad they are and what kind of care is best.
- Negotiation: The insurer will offer a deal after figuring out how bad your injuries are. The first offer is likely too low, so you’ll have to negotiate a fair price.
- Agreement to settle: If you agree to settle, the insurance provider will request you to agree to an agreement that frees them from further responsibility for the accident.
Insurance companies often try to settle cases for soft tissue injuries for less than what they’re worth. Working with a personal accident lawyer, on the other hand, can help you get a fair settlement.
A good lawyer can help you through the negotiating process, look out for your rights, and fight for what’s best for you. They can also help you get medical records, witness accounts, and accident reports to back up your claim.
Problems with Claims for Soft Tissue Injuries
Injuries to soft tissues are hard for insurance companies to handle. In the last few decades, insurance companies have made it harder for adjusters to reach settlements, and they often deny true claims. These adjusters are taught to make the first offer as low as possible, even if it is clear that someone is at fault. Additionally, if a case goes to court, insurers might be unable to make any more offers.
Because of the low payouts caused by this rigid system, many personal injury lawyers don’t want to take on soft tissue cases.
Uncertain recovery and small amounts of money paid
Soft tissue injuries should not be evaluated too soon because they can’t be considered long-term problems. Studies show that many people have long-term problems like instability, recurrent sprains, and chronic pain, even years after they were first hurt.
Computerized systems and the needs of each person
Insurance companies often use computer scoring systems to determine how much to give in the first settlement. These methods look at things like the type of injury, where the injury happened, and past settlements, but they don’t look at the specifics of each case.
This can lead to unfair settlements that don’t consider how the accident affected the person’s life in all areas, such as how much pain they were in, how much work they could not do, and how their pre-existing conditions might have gotten worse.
How cases of soft tissue injuries are handled now is not working right. It stops fair deals from happening and leaves many hurt people without enough money. Don’t leave your future to chance. Stenson Law can help. Call us today.
Steps to Take to Get Full Compensation for Soft Tissue Injuries
Soft tissue injuries, often considered small annoyances, can have a big effect on your life. There is a different way to show how much pain and suffering you are going through in court.
The Key Is Empathy
- Juror Point of View: The best personal injury lawyers know that juries need to see things from your point of view. They will help you paint a clear picture of how the injury affects your daily life and the things you can’t do because of it.
- Loss of Enjoyment: On top of the physical pain, the jury must know that you’ve lost the fun in your life. Some examples of this are sports, exercise, or things you can’t do because of the injury.
How to Make a Strong Case
Being a good lawyer takes more than just medical papers and accident photos. This is what your lawyer will do:
- Know Your Story: Learning about your case will help your lawyer ensure that your statement and presentation hit home with the jury.
- Prepare for Trial: While looking at settlement options, a good lawyer will also prepare you for the chance of going to court, making sure you feel comfortable and sure of yourself when you present your case.
Don’t downplay soft tissue pain
If you or someone you care about has had a soft tissue injury in Southern California in the last two years, don’t let the insurance company put you or them down. Contact John W. Stenson, your next Los Angeles personal injuries lawyer, for a free appointment.
