Damage to muscles, tendons, and ligaments are what are considered to be “soft tissue injuries” or “soft tissue damages.” These types of injuries are often difficult to verify are less obvious. Injuries such as broken limbs, lacerations, amputations, internal injuries, burns, or disfigurement can be easily identified as they are obvious upon visual examination or can been seen with a simple x-ray. By contrast, soft tissues injuries are injuries to muscles, tendons, and ligaments that connect and support other structures in the body.
Since these injuries usually cannot be objectively verified, they receive considerable scrutiny from insurance companies. For this reason, the medical treatment an injured person receives for soft tissue injuries is critical. A delay of even a few weeks between an accident and first treatment can be fatal to a personal injury case. Gaps in treatment, or missed appointment are also problematic. There is also the issue of over-treating, meaning getting entirely too much treatment relative to the amount of soft tissue injury that may have resulted from an accident. Insurance companies will hire biomechanical experts to say that a claimed injury was not medically or physically possible to have occurred. This is a tough hill to climb, and you need knowledgeable personal injuriy attorneys who know how outsmart and outwork the insurance companies, their lawyers, and their experts.
Symptoms of Soft Tissue Injuries
These types of injuries result in symptoms which can include headaches, nausea, pain, and stiff movements. These symptoms may not appear immediately, and can appear 1-3 days following an accident. Once the onset of these symptoms is noticed, you need to get proper treatment immediately. If you do not have health insurance, get a personal injury attorney retained and they can arrange lien treatment for you.
Settling Soft Tissue Claims
Getting soft tissue injury cases settled takes some skill in case preparation and negotiation. The first step, however, is for the injured person to get in front of the proper medical providers and to religiously attend the appointment and participate in the treatment. If the injured person does their part, the result will be a package of medical bills and records which fully document the initial injuries, the pain related to the injuries, and the progress of the treatment. A well-thought out theory of liability from a personal injury attorney combined with cooperative treatment reasonably related to the injury can make the claims and settlement process go much smoother than it otherwise would.
The value of soft tissue injury claims varies greatly, and depends on the degree to which liability is assigned to the responsible person (read about comparative fault) and the amount of the liability insurance limits. Suffice it to say that Nevada law entitles the soft tissue injury victim to compensation for their medical bills, lost wages, and a reasonable sum for their pain and suffering.
The best thing you can do to maximize your recovery, is to hire an attorney who is organized, diligent, and ready to put in the work necessary to maximize your settlement.