Car Accidents & Soft Tissue Injuries: What You Need to Know
This is a writing sample from Scripted writer Wendy Miller
When you ask someone about injuries in a car accident, many people think of the obvious: broken bones, lacerations, and other visible injuries. But there are other injuries that individuals can sustain in a car accident. These are soft tissue injuries and they are not always visible. They can be quite traumatic and expensive to treat, and may not be obvious right away. This is why it is recommended that you not say you are uninjured or “fine” at the scene of an accident. If you have sustained soft tissue injuries, or any other injuries, in a car accident, you may want to consult with an attorney to discuss your legal options.
What is a Soft Tissue Injury?
A soft tissue injury is an injury that is sustained by soft tissues, rather than bones. These can be sprains, strains, bruises, or torn ACL/LCL muscles. Typically, these injuries are not visible on X-rays. The symptoms vary and are not always located at the source of the injury.
Additionally, symptoms may not be immediately apparent. For example, a car accident victim may not feel the pain of a sprained ankle while at the accident scene because of adrenaline and all the activity taking place. Later, once they are home, they may begin to notice swelling and pain when they put weight on the ankle. Bruises are another example of an injury that becomes obvious later.
Why Do You Need to See a Doctor Immediately?
Soft tissue injuries can be challenging to diagnose and difficult to prove. They can show up hours, days, or even weeks after the injury was sustained. Treatment and the cost of those treatments can vary depending on the severity of the injury.
If not properly treated, these injuries can be made worse. By seeing a doctor as soon as possible after the accident occurred, car accident victims ensure that the injury is recognized and diagnosed earlier, allowing for earlier treatment and possibly faster healing. This diagnosis also provides proof of the injury when the individual files a claim with the insurance company or a lawsuit against the other driver.
Examples of Soft Tissue Injuries and Treatments
Soft tissue injuries can be injuries such as:
-
Sprains
-
Strains
-
Contusions
-
Whiplash
-
Torn ACL
-
Torn LCL
Treatments can include:
-
Rest
-
Compression
-
Ice
-
Elevation
-
Stretching and strengthening
-
Anti-inflammatory medications
-
Chiropractic care
-
Physical therapy
-
Surgery (in the most severe cases)
Why Continued Treatment and Following Instructions is Critical
Soft tissue injuries may not seem that severe. Because there are often limited physical indications of the injury, when the pain begins to recede and swelling or redness fades, individuals may be tempted to discontinue treatment or begin doing more than their doctor has recommended.
It is critical to continue all treatments and continue to follow the doctor’s instructions until medical providers release the individual, however. If an individual fails to continue treatments or follow instructions, an insurance company may deny their claim or reduce it because they think the injury is not as bad as the individual claims. If a lawsuit is filed, this may also happen with a judge or jury.
How to Gather Evidence of Your Soft Tissue Injury
Because soft tissue injuries do not often have visible indications, many people wonder how to gather proof. Fortunately, there are several things an accident victim can collect to prove these injuries exist, including:
-
Photos of the accident scene
-
Imaging tests results
-
Medical records
-
Photos of any visible signs of the injury, such as bruising or swelling
-
Employment records
-
A pain journal
What is Included in Compensation?
Compensation for injuries sustained in a car accident can vary. The severity of the injury, number of injuries, cost of treatment, and other factors can all impact compensation. Typically, compensation may include any or all of the following:
-
Medical bills, including emergency room visits, rehabilitation, therapy, and medications
-
Future treatment-related expenses until the individual is healed and released from treatment
-
Costs to repair or replace the individual’s vehicle
-
Lost income, if applicable
-
Diminished earning capacity if the injuries require taking a lesser-paying job
-
Pain and suffering
-
Punitive damages (money intended to punish the other party when their negligence is deemed especially harmful)
How Can You Protect Your Claim?
Whether filing a claim with an insurance company or a lawsuit, protecting the claim is essential. Individuals can easily say or do something that can hurt their case and cost them some or all of the compensation they would otherwise deserve.
To best protect their claim, car accident victims should:
-
Avoid giving a recorded statement: Individuals are not required to provide a recorded statement. While they need to answer questions to provide information for the claim, a recorded statement is not required. The insurance company wants to be able to use the accident victim’s words against them.
-
Avoid signing anything without a lawyer looking at it: Insurance companies will use lots of legal language to confuse people. If an accident victim signs any documents, they may find they have given up rights, given permission to look at records that are not relevant, or agreed to take a smaller settlement than they deserve.
-
Avoid accepting payment without discussing it with their lawyer first: A lawyer may be able to help an individual determine whether a larger settlement is possible. They can also review what accepting payment may mean for the victim and their claim, including whether accepting payment means the claim is closed.
-
Keep all documentation related to the accident and their injuries: To get compensation that covers all expenses and damages, car accident victims need to keep every record, regardless of how unimportant it may seem. All receipts, explanations of benefits, medical records, agreements to pay, and other paperwork may be relevant later.
-
Avoid turning over medical records unrelated to the accident: If an individual has sustained previous injuries that are similar to the current ones, the insurance company may try to use that to reduce compensation. They may claim the injury was not caused by the accident. Medical records related to the accident are the only ones that individuals should provide.
Do You Need to File a Claim for Soft Tissue Injuries?
If you have been in a car accident caused by someone else, it can be confusing and overwhelming trying to navigate the claim process by yourself. An attorney may be able to assist you in filing your claim and getting the compensation you deserve. If a lawsuit becomes necessary, they may be able to assist with that as well. Reach out today to discuss the details of your case and find out what your legal options may be.
Written by:
