For starters, you should know what constitutes a soft tissue injury. Obviously, broken bones and traumatic brain injuries do not fall into this category. So, what does? If you sprain or strain any part of your body, you have suffered a soft tissue injury. And, there’s more that falls into this classification.
Soft tissue injuries include contusions and bruises that turn all kinds of colors. In time, the discoloration and pounding pain will hopefully go away. Additionally, injuries involving the tendons, ligaments, and muscles are soft tissue injuries. In fact, herniated discs can cause enormous pain and still fall under this classification.
Be that as it may, no one can really prove the degree of pain and suffering an injury victim suffers. Often, an experienced personal injury attorney needs to intervene with an insurance adjuster to ensure medical treatment is arranged. And, of course, there’s also the question of monetary damages.
Soft Tissue Injuries and Car Accidents
Let’s start with car accidents. Unfortunately, many injury victims do not realize they may be restricted to make a claim for monetary damages by way of their own insurance policy. But, why?
We’ve talked before about the verbal threshold. Not so coincidentally, this automobile insurance option is also known as the Limitation on Lawsuits option. You might think you have full coverage until you are actually injured in a motor vehicle crash.
As a result of your choice in coverage, you might be refrained from making a claim for soft tissue injuries. It absolutely won’t make sense to you. After all, you didn’t cause the accident, and you are in tremendous pain. Notwithstanding, your lawyer can review your medical reports and determine if it is feasible to pursue a case.
Workers’ Compensation and Soft Tissue Injuries
Here’s the story with workers’ compensation. An accident doesn’t have to be someone else’s fault in order for you to make a claim. However, the workers’ compensation carrier has the right to oversee your medical treatment.
In some cases, you may have a hard time with referrals to physicians or other medical providers. Company doctors can be conservative in treating soft tissue injuries. Unfortunately, because strains and sprains are hard to prove, your claim could be discounted. Or, even viewed as a means to extract money under false pretenses.
As a consequence, it is important to speak with an experienced workers’ compensation attorney to see that you receive proper medical care. And, you can be awarded a portion of permanent disability for a soft tissue injury.
Other Accident Cases
Premises liability, which includes slip and fall cases are different matters. Unless the accident was work-related, there is no requirement to get the insurance company’s approval for medical treatment. The same is true for matters that involve a product that did not work as intended.
Once again, it is important to consult with an attorney whenever you believe someone else’s negligence caused you harm. Soft tissue injuries are often difficult to prove. Therefore, it is beneficial to have an advocate speak on your behalf.
Contact Us
After decades of experience in personal injury, the Law Offices of Anthony Carbone has handled many soft tissue injury cases. Contact us to see how we can help!