Soft tissue injury lawsuits are among the most difficult to take to trial and obtain just settlements for. This is due to insurance companies' new "get tough" methods, which do everything they can to dismiss soft tissue injury claims and leave little room for insurance adjusters to negotiate compensation.
Moreover, this involves exceedingly low first settlement offers and an unwillingness to go further than these low amounts, with cases going straight to the insurance firm's attorneys for litigation.
Let's go through everything regarding the average settlement amounts for soft tissue injuries as a result of car accidents.
What Are Soft Tissue Injuries?
First things first, when one's ligaments, tendons, and muscles are injured, soft tissue damage occurs. This can encompass a variety of injuries, such as:
Strains:
A strain is an injury to the muscles or tendons of the body. Overuse, stretching, or force can cause this. Whiplash, for example, is a neck strain caused by tendons stretching beyond the natural range.
The symptoms include:
Swelling
Stiffness
Reduced range of motion
Possible dislocation and pain
Sprains:
Ligaments, the tissues that connect bones in the body, are affected by this soft tissue damage. In the event of a severe car accident, the force might rip or twist ligaments, causing intense pain. When pressure forces the ligaments to stretch beyond the normal range, sprains develop.
A few of the symptoms are:
Redness and dislocation
Challenges bearing weight
Weakness or loss of strength
Sharp pain
Swelling
Sudden pain
Contusion:
These are bruises that occur as a result of blunt force trauma, such as those sustained in a car accident. When any part of the body collides with the dashboard, door, windows, or steering wheel, this occurs.
Symptoms include:
Swelling
Dislocation or pain
Bursitis:
The bursae, which are fluid-filled sacs that surround the tendons, bones, and muscles, become inflamed as a result of this injury. Shoulder, elbow, hip, foot, and ankle bursitis are all likely to flare up.
Symptoms of this include:
Swelling
Dislocation or pain
Whiplash:
This often includes any tissue damage around the head and neck injuries.
The symptoms of whiplash are:
Headaches
Stiffness
Tingling or numbness in the arms
Neck pain or aches
Unexplained dizziness
Reduced range of motion
Tenderness or pain in the shoulders, arms, or upper back
One widespread misunderstanding concerning car accident injuries is that the vehicle must be moving at a certain speed for the injuries to be considered valid. This is false because many low-speed collisions cause actual soft tissue damage.
The following are some of the elements that influence the intensity and kind of injuries sustained in car accidents:
Was the individual wearing a seatbelt?
Was the car hit from the back, side, or front?
Which direction was the person's head or body facing?
Did the car have airbags?
Was it a low-speed or high-speed collision?
Factors that Impact Soft Tissue Injury Settlements
As one can expect, every soft tissue injury claim is unique and is assessed based on the facts of the case.
Minor injuries, such as bruising or cuts, are less likely to result in a large settlement than more serious injuries, such as fractures and shattered bones. Even if one has soft tissue injuries, they should still file a claim since they may be entitled to compensation for pain and suffering.
Let's take a look at some of the important criteria that go into determining the amount of the minor vehicle accident settlement:
Medical Bills
This covers all of the medical expenses and physical therapy incurred as a direct result of the injuries sustained in the car accident. This includes any future medical bills, both paid and unpaid.
Remember that certain medical expenditures have to be paid out of pocket, with the expectation of receiving a full reimbursement after the claim is approved. People may, however, be compelled to wait for the settlement money to pay some medical expenditures.
The settlement of medical bills depends on:
The type of care received - e.g. physical therapy, surgery, medication
Duration of time spent in hospital
Surgery or long-term care
Costs of necessary medical treatment
Mode of transportation to get to the hospital
Pain and Suffering
This might seem obvious, but people can only make a pain and suffering claim if they have suffered bodily harm as a result of the car accident.
In this scenario, it is recommended that one retains the services of an experienced and reputable personal injury attorney to assist them in obtaining a fair settlement, as estimating pain and suffering damages can be difficult. For instance, a good attorney can help a victim get the average settlement for a shoulder injury car accident.
Nevertheless, if the pain and suffering claim is approved by the car insurance company, the settlement would be substantially more. The following are examples of damages that should be included in pain and suffering:
Anxiety and depression
Loss of enjoyment of life
Reduced quality of life
Inability to enjoy hobbies
Loss of consortium - inability to have an intimate relationship with one's partner
Lost Earnings
Soft tissue settlements also account for the money and time lost while the injured person was out of work due to their ailments. To figure out how much money one has lost, look at the wages in the last few months and show the insurance company that they're the same as they were before the soft tissue injury. Unfortunately, there is no assurance that the individual is going to collect 100% of their lost earnings; however, if they work with a reputable personal injury attorney, they can get a fair settlement.
Most personal injury lawsuits, particularly those arising from car accidents, require a long time to be approved for trial. When the lawsuit is settled, the accident victim and the insurance company agree on a settlement amount.
It's important to remember, however, that each case is distinct because diverse conditions and facts determine the amount paid for the claim. The following are some of the other elements that have an impact on the settlement:
Impact of the soft tissue injuries on one's livelihood
The severity of the injuries
Signs of pain and suffering
Degree of negligence if the injured victim contributed to the car accident
Sings of emotional distress
Injured person's behavior after the car accident
Recovery time from soft tissue injuries
As a result, accident victims who sustain a slight strain or sprain that prevents them from working for a day or two are more likely to receive a lower settlement than those who suffer a lifelong impairment.
Calculating Pain and Suffering Damages in Soft Tissue Injury Claims
One may be entitled to pain and suffering compensation in the event of a minor car accident settlement. To do so, victims need to demonstrate how much agony and suffering they're going through.
The most frequent technique of estimating pain and suffering damages is to multiply economic losses such as medical bills and lost wages by a multiplier ranging from one to five, based on the intensity of the soft tissue injuries.
When it comes to minor injuries, for example, the multiplier is commonly one or two. As a result, if the medical costs are $4,000 and the multiplier is two, the settlement is $8,000.
Long-term and more serious cases, or permanent injuries, such as brain injuries, spine injuries, injury to the internal organs, and many others, are given a multiplier of four or five.
The Average Settlement for Soft Tissue Injuries As a Result of a Car Accident
When it comes to soft tissue injuries, the typical payment for ankle sprains is around $15,000, while it is around $20,000 for shoulder injuries. Whiplash injuries and herniated discs have typical payouts of $2,500 to $10,000 and $100,000 to $350,000 respectively.
Soft tissue injury insurance claims are difficult to get but not impossible. While insurance companies have a propensity of making a low initial offer and typically only making one offer in soft tissue injury settlements, there have been occasions when equitable and fair awards have been made.
Since insurance firms employ computers to create an amount based on generic information that doesn't take the victim or their personal life facts into account, soft tissue damage insurance payouts are frequently on the lower end of the spectrum.
Our personal injury attorneys have recovered high settlement amounts for clients who have suffered soft tissue injuries; in summary, who you hire as your lawyer matters a lot.
Examples of Settlements for Soft Tissue Injuries
Soft tissue injury compensation varies based on the severity of the damage and its impact on one's earnings. After submitting a claim, a personal injury attorney was able to assist a claimant in receiving reasonable compensation. The claimant was in a small car accident that caused him neck pain, and the other driver was plainly at fault because he damaged his car's front while attempting to overtake a truck.
Thankfully, the lawyer was able to settle the case and assist the claimant in receiving a $65,000 compensation from the motor insurance company. This demonstrates the importance of retaining the services of an expert personal injury attorney when making a claim to guarantee that one receives a fair settlement.
John
John was in a small car accident that resulted in a neck strain that necessitated physical therapy, activity limits, and other medical treatment. Due to a medical problem, the at-fault driver lost consciousness and collided with John's vehicle. The medical expenses were around $15,000 due to the mild injury, and the multiplier was two. As a result, John earned a $30,000 average settlement for his soft tissue injury claim.
Alice
After an accident involving her automobile and an over-speeding car, Alice suffered significant soft tissue damage. Whiplash and herniated discs were among the injuries. She was able to win the legal claim after employing great lawyers, and the injuries were awarded a multiplier of four. Because her medical bills were $500,000, she was eligible to get a settlement of $2,000,000 on average.
How to Improve the Chances of Getting a Higher Settlement
A fair accident settlement should include all expenses incurred as a result of the car accident, including medical costs and lost earnings.
Victims must take a number of steps to improve their chances of receiving a fair settlement. These are some of them:
Seek Immediate Medical Attention
It's all too tempting to overlook small ailments and expect them to go away on their own. Even if you don't think you've been hurt, you should seek medical treatment right away if you've been in a car accident.
Remember that many injuries take time to manifest symptoms, and it's best to treat them as soon as possible to avoid complications. If you don't seek medical attention right away after a collision, the insurance company may argue that you weren't seriously hurt.
Adhere to the Doctor's Instructions
It is also critical that you adhere to the medical provider's advice. Following the requirements, such as returning for a check-up or seeking a referral, may increase the value of the claim.
Give All Medical Records and Bills to Your Attorney
As you visit health practitioners, keep in mind to give your lawyer copies of the treatment records and copies of your medical bills. Keeping your attorney informed about the treatment aids in the development of a solid case, which improves one's chances of receiving a reasonable payment.
It is crucial to hire a reputable automobile accident attorney to ensure that you receive a fair settlement. Auto accident attorneys have experience negotiating settlement claims, which saves money and time in long litigation.
Furthermore, it is critical that you be completely honest with your attorneys, including disclosing any preexisting conditions. This gives your lawyer the opportunity to rectify the problem before the at-fault insurance company uses it against you.
Why Do People Often Get a Low Settlement for Soft Tissue Injury Cases?
Soft tissue injuries usually result in lower settlements than other types of injuries. Most insurance adjusters are skeptical of these injuries since they are difficult to see, such as fractured bones, internal organ damage, or other serious ailments. As a result, insurance companies have implemented a range of pre-suit methods that make it more difficult for victims to obtain a reasonable payment.
Several insurance companies are already denying claims for soft tissue injuries and limiting their adjusters' ability to bargain as a result of the new strategy. These companies are instructing their adjusters to propose modest first settlements in soft tissue cases involving minimal automobile damage or low-speed collisions.
Furthermore, firms are employing techniques that confuse personal injury attorneys while guaranteeing you receive a low settlement. Even if you weren't the one who caused the problem. Before these files are given to defense counsel, adjusters are only authorized to make one more offer.
Should You Accept the Soft Tissue Injury Settlement or go to Court?
As previously said, computer-generated offers are not perfect because they overlook a number of factors that should be considered when determining the settlement. A computer might generate $10,000 as the first offer, for example, then double the amount as the second offer. This is why, in order to receive a fair settlement, you should consult with an experienced personal injury lawyer.
If one gets a $15,000 offer on their case, it's quite likely that the car accident case would have won around $700,000 if other considerations such as pain and suffering damages and lifestyle were taken into account. Whether the victim is satisfied with the settlement or not, it is important to note that pursuing a trial is challenging.
In most circumstances, the jury takes a sympathetic stance that assists the victim in assessing their losses as a result of the soft tissue injury. A jury trial also exposes claimants to an emotional trauma that may be difficult for some. If your case involves a major prior medical history or modest damages, it is preferable to settle for a sum of money close to $10,000 rather than go to court.
Contact Our Soft Tissue Injury Lawyers to Get High Claims!
While many soft tissue injury cases result in a low settlement, it may still be advantageous to file a claim. This, however, largely depends on the personal injury lawyer you hire and the evidence you provide in court. A dependable and skilled personal injury attorney persuades the jury and the insurance company, dispelling the myth that soft tissue injuries always result in little damages.
Personal injury lawyers persuade judges to see the world through the eyes of the plaintiff in order to relate to the settlement damages caused by the injuries and ensure that the plaintiff receives full compensation.
To win a high claim in their settlement, a professional personal injury lawyer should spend enough time getting to know their clients and preparing them properly for a trial. At the Keating Law Firm, we value our attorney-client relationship; therefore, you can count on our car accident attorney to fight aggressively for your soft tissue injury settlement. On the other hand, we also help clients who are being sued for a car accident but have no assets.
Contact us today to get a free consultation from an experienced personal injury attorney!