Getting Compensation for a Soft Tissue Injury - Diamond and Diamond Lawyers

Getting Compensation for a Soft Tissue Injury

If you or another person in your family has recently sustained a soft tissue injury in a car accident or a truck accident, you could be entitled to receive compensation in the form of a soft tissue injury settlement.

Unfortunately, far too many people who are injured as a result of another person’s negligence could sustain critical soft tissue injuries that follow them for many years to come. The possibility of a soft tissue injury settlement could be that victim’s only opportunity to try to recover and move on with their life.

What Are Soft Tissue Injuries?

Soft tissue injuries in general refer to damage to ligaments, tendons and muscles throughout the body. Typically these soft tissue injuries are noted by joint instability, swelling, pain, muscle weakness, a limited range of motion or inability to bear weight.

What Are the Most Common Causes of Soft Tissue Injuries?

Slip and fall accidents are some of the most common causes of a soft tissue injury. However, vehicle accidents can also lead to soft tissue damage. Soft tissue injuries can be very difficult to document, making it all the more important to retain the services of an experienced and dedicated lawyer to assist you with your claim.

 The insurance company’s view on soft tissue injuries might be quite different from your own. Many insurance carriers are skeptical of soft tissue injury claims and attempt to low ball the settlement offers presented to someone who has sustained a significant injury.

What Is the Average Compensation You Can Claim from a Soft Tissue Injury Case?

The extent of your injuries will determine the type of compensation you could be entitled to recover. It also depends specifically on your province since there are caps on soft tissue injury claims.

In Ontario, for example, injuries for motor vehicle accidents are categorized as catastrophic, non-catastrophic and minor. In total, around 85% of claims submitted were for minor injuries. Those minor injuries were previously capped at $3,500 but some injured victims have made efforts to fight this compensation amount. You can typically expect that the extent of your soft tissue injuries will directly influence whether or not you have an award that is close to that cap.

What Are Some Soft Tissue Injury Settlement Guidelines to Make Sure I Get the Compensation I Need?

Compensation for mild, very short-term soft tissue injuries will be lower. If there is a long term severe soft tissue injury, it can go higher but of course, depends on the provincial caps. These injuries are rated, and this can have a significant influence on your ability to recover compensation.

The categorization system is known as the whiplash associated disorder scale which grades from level 1 to 4. Level 4 includes a complain of neck pain and suspected fracture dislocation, for example. However, it can be extremely subjective to determine where your injuries lie on this categorization and therefore, you might need to be in the position to challenge these issues.

What Evidence Do You Need to Prove Your Soft Tissue Injury Case?

Your medical records will form the most important component of your soft tissue injury case. You need to be prepared that the insurance carrier is likely to argue that your injuries are not as severe as you sustain and having medical records and statements from positions who have treated you who say otherwise can help you to bolster support.

Examples of Past Soft Tissue Injury Cases Won

There have been instances of successful soft tissue injury cases when the right soft tissue injury lawyer has been retained early on by the injured victim. It often comes down to the value of the medical records and whether or not the attorney is familiar with soft tissue injury claims. 

Get in Touch Today

Make sure to hire a professional soft tissue injury lawyer to ensure you get the compensation you deserve. We’re here to help you fight for compensation when you’ve been hurt.

How long does it take to recover from a soft tissue injury?

It can take anywhere from a few weeks to years to recover from a soft tissue injury. Those who sustain the most severe injuries may never fully recover.

What can you do for soft tissue damage?

You should speak with your physician about opportunities to recover from your soft tissue injury. Rest, ice, compression and elevation can be helpful for acute soft tissue injuries, but your doctor might recommend more involved procedures.

Can you have permanent soft tissue damage?

You can sustain permanent soft tissue damage when you have been involved in a critical accident, such as a vehicle crash. It is imperative to get medical attention as soon as possible if you have been injured in such an accident.      

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