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.
Soft tissue insurance has been a tough subject for insurers in the last 20 years
Insurers have been able to restrict adjusters’ negotiation abilities and deny soft tissue claims for the last few decades. Adjusters are trained to offer the lowest initial settlement offer, even in cases where there is a clear liability. An adjuster may not be allowed to make an additional offer after the case file has been sent to defense counsel for preparation for litigation. Due to the low payouts, many personal injury law firms have opted to ignore soft tissue cases because of this rigid system.
Worse, an early evaluation of soft tissue injuries leaves little space for future considerations if the injury doesn’t heal as expected. One meta-analysis of 31 ankle injury research studies found that 64% of patients hadn’t fully recovered within three years. A quarter of the patients experienced instability. 34% of patients had to sprain their ankles. One-third suffered from residual pain.
To make an initial offer, insurance providers often use a highly-secured computer scoring system. For instance, Allstate uses Colossus, which factors in a number of variables – the type of injury, your geographic location, and similar settlements/verdicts. The computer does not consider individual complexities, such as how you feel pain, your work, and other conditions that may be exacerbated.
Do you accept an offer for soft tissue injury or go on trial?
It’s easy to see the problem this way: If the insurance system worked well, then there wouldn’t be any need for personal injury attorneys. A computer cannot provide the same level of thoughtful decision-making as a human brain. If the case is solid, we may see a Colossus offer at $6,500 with some change. This might go up to $12,000-$15,000 if there is significant property damage or a history of medical problems. If lifestyle and future pain and discomfort are considered, an ideal scenario such as this could fetch $800,000.
Although it is not easy or quick to press for a trial in your case, a jury will offer the compassionate approach that you need in assessing your losses. A jury trial can be difficult and emotionally draining for some people. However, if your case involves minor property damage or significant medical history, it may be a better option to settle for $7,500 or $10,000 than go to trial.
Persuading the jury to award complete compensation
Soft tissue injuries are not easy to treat in trials. It is still unfair to assume whiplash is “a minor pain.” Jurors need to be able to see the world clearly through the eyes and perspective of the plaintiff. They must also be able to recognize the loss in the enjoyment of life due to this injury. The best personal injury lawyers take the time to get to know their clients and prepare them for trial. They inform clients about the potential risks of trial and how they can help them negotiate a settlement. They examine the medical evidence, accident scene photos, and other tangible evidence. However, they also have the ability to persuade clients by considering the subjective factors that can change a plaintiff’s life, possibly forever.
Don’t allow the insurance company to discredit you or your loved one if you have suffered a soft tissue injury in Southern California within the last two years. For a free consultation, contact John W. Stenson for your next Los Angeles personal injuries lawyer.