The amount of compensation you receive for a soft tissue injury will depend on several factors. The severity of your injuries is one of the most important determinants. More serious soft tissue injuries, such as severe whiplash that causes ongoing pain, radiculopathy, or muscle tears, typically result in higher settlements than minor strains or spasms. The length of your recovery and any permanent impairment or disability will also be considered. Your medical expenses and lost wages are considered. The more costs you have incurred due to doctor visits, physical therapy, medication, and time off work, the higher your settlement is likely to be. The circumstances of the accident itself play a role as well. If the injury was due to a car accident and the other driver was clearly at fault, especially due to reckless or negligent behavior, you have a stronger case. The insurance companies for the at-fault party will usually offer a fairer settlement in these situations. Your location can also affect your settlement amount. Compensation for the same soft tissue injuries may differ between states and counties based on the typical costs of living and healthcare in those areas. By thoroughly documenting your injuries, expenses, lost work time and the details of the accident, you can build a compelling case to recover fair compensation for your soft tissue injury.
What Is a Soft Tissue Injury?
Soft tissue injuries involve a broad category of injuries that affect the connecting and supporting elements of the body, including those between bones and internal organs. These injuries involve various components such as muscles, fat, nerves, blood vessels, tendons, and other fibers. Commonly, soft tissue injuries encompass sprains, strains, and bruising. It is often assumed that because these injuries do not involve fractured bones or harm to critical organs like the heart or brain, they might not be significant. However, there are numerous soft tissue injuries that can cause substantial pain and potentially lead to long-term consequences.
Common Soft Tissue Injuries You May Be Able To Receive a Settlement For
Soft tissue injuries that could lead to a settlement in a personal injury case, include:
- Whiplash: Neck injuries due to sudden acceleration or deceleration.
- Tendonitis: Inflammation of tendons often resulting from overuse.
- Bursitis: Inflammation of fluid-filled sacs (bursae) causing pain.
- Herniated Discs: Damage to spinal discs, often causing back or neck pain.
- Concussions: Mild traumatic brain injuries resulting from head impact.
- Soft Tissue Hematomas: Blood collection outside blood vessels, causing swelling.
- Joint Injuries: Damage to joints, such as the shoulder or knee.
- Muscle Tears: Damage to muscle fibers, causing pain and swelling.
What Happens With My Soft Tissue Injury Claim After I File It?
Insurance companies typically follow a specific process for settling claims with soft tissue injuries. The following is an overview of how it works:
- Initial claim evaluation– after filing a claim with your insurance company, a claims adjuster will assess your damage and injuries;
- Medical assessment– insurance companies may require a medical evaluation for soft tissue injuries to determine the severity and appropriate treatment;
- Negotiation– the insurance company will offer a settlement once it assesses your injuries. This first offer is often low, so you will likely need to negotiate for a fair amount; and
- Settlement agreement– if you settle, the insurance company will ask you to sign an agreement that releases them from further accident liability.
Average Settlement Amounts
- Minor soft tissue injuries: These injuries involve minimal medical treatment, like a few chiropractic sessions or physical therapy. They typically heal on their own and recover fully within weeks to a few months. Average settlement range: $500-$10,000.
- Moderate soft tissue injuries: These injuries might require more extensive physical therapy, pain medication, or other treatments. They can cause discomfort or pain for several months. They might not necessarily lead to permanent disability, but they can cause significant discomfort or pain for an extended period. Average settlement range: $10,000-$50,000.
- Severe soft tissue injuries: These injuries can involve partial tears, require surgery, or lead to chronic pain. Recovery can take months to years, and there might be permanent limitations. Severe soft tissue injuries are those that involve significant damage, might require surgical intervention, or lead to long-term or permanent complications. They often have prolonged recovery times and can result in chronic pain or permanent limitations in mobility or function. Average settlement range: $50,000-$100,000.
- Soft tissue injuries with complications: While soft tissue injuries with complications initially may not seem severe, they can lead to secondary issues or conditions that significantly affect a person’s health, wellbeing, or quality of life. These complications can exacerbate the injury’s impact, prolong recovery, and increase medical expenses. Average settlement range: $100,000-$200,000.
- Soft tissue injuries with permanent damage: In rare cases, soft tissue injuries can result in permanent disabilities, ongoing pain, and severe limitations. These injuries do not just heal over time; instead, they lead to chronic pain, permanent limitations, or lifelong disabilities. Such injuries can have a profound impact on a person’s quality of life, ability to work, and overall wellbeing. Average settlement range: $200,000-$500,000.
- Soft tissue injuries resulting in death: While soft tissue injuries are typically not directly lethal, in rare cases, complications from such injuries can result in death. The death might be a direct result of the injury or arise from secondary complications. Average settlement range: Varies significantly but can exceed $1,000,000 in cases of wrongful death, especially when considering the loss of future earnings, pain and suffering, and other factors.
How Long Could My Case Take?
The duration of a soft tissue injury case varies widely. Simple cases with clear liability may be resolved in a few months through negotiations. However, complex cases involving disputed liability or extensive injuries might take a year or more. Factors such as the need for extensive medical treatment, gathering evidence, and the court’s caseload influence the timeline. Settlement negotiations, pre-trial proceedings, and potential appeals contribute to the variability. A quicker resolution is possible with efficient communication and a clear presentation of evidence, but the intricacies of each case determine the overall time frame.
