I’ve Heard of Soft Tissue Personal Injury Lawsuits | What Are They?
Soft tissues in your body include muscles, tendons and ligaments. They are often hurt in car accidents, slip and falls and other incidents when the body experiences trauma. Types of soft tissue injuries include deep muscle bruising, sprained tendons and ligaments and whiplash to the upper vertebrae.
In this Litigation Guide article we discuss soft tissue injuries and personal injury lawsuits.
The results of injuries to the soft tissue are varied depending on where the tissue is. The result of whiplash to the neck can be headaches, nausea, dizziness and disorientation. In other areas, results include chronic pain, numbness, loss of mobility and weakness in a limb or joint.
Soft Tissue Injury Lawsuits
Soft tissue personal injury lawsuits are suits in which an individual is suing for injuries incurred through the negligence of another. If another driver was at fault in a car accident or a store didn’t properly maintain its parking lot so that a fall occurred, a soft tissue personal injury suit might be the result.
Detecting Soft Tissue Injury
Sometimes soft tissue damage cannot be detected in x-rays or MRIs. Unlike broken bones, cuts, lost limbs or other easily verifiable injury, soft tissue injuries can be difficult to prove to a judge or jury. If the ligament or muscle is not torn, the injury essentially remains invisible. This fact may cause others to doubt the extent of your injuries. You may have difficulty finding a personal injury attorney who will take your case. If you do, getting a settlement or award in the case may be very difficult to do.
Evaluating your Soft Tissue Injury
If your litigation lawyer sues for damages, he or she will take several things into consideration when deciding the amount of damages to ask for. Property damage is the dollar amount of damage done to your vehicle in an auto accident. If you were out of work and lost wages, that amount will be included. Your out-of-pocket medical expenses for treatment, medication and therapy will be factored in. If you face long-term disablement, expected costs will be included. Pain and suffering you’ve experienced will also be factored into the damage amount being sought.
Proving a Soft Tissue Case in Court
The first thing to do is to hire a litigation attorney with a proven track record of success. Then, gather your medical records that show the injuries you were treated for. Demonstrate other losses including wages, medical expenses and vehicle repairs if applicable.
The case may come down to your credibility. If you’ve filed lawsuits for similar issues in the past, this will harm your case. If you seem credible and can articulate your case well, you have a better chance of winning.