This article will explain how you may be able to receive compensation for Riverside Soft Tissue Injuries.
A soft tissue injury is defined as the damage of ligaments, muscles and tendons, usually stemming from a sprain, strain, whiplash, blow, tendinitis, bursitis, contusion or overuse of a particular part of the body. Soft tissue injuries are frequently caused by a motor vehicle collision and are often a prominent component of a plaintiff’s personal injury damage model. A defendant will seek to rebut a soft tissue injury by claiming that the plaintiff may easily exaggerate the injury as a soft tissue injury is difficult to prove.
Typical injuries like a broken arm or concussion can be analyzed by a doctor, clinic or hospital with diagnostic tools and proven up easily. However it is far more difficult to quantify and prove up bruising, strains, sprains, stiffness, whiplash and contusions. Symptoms of soft tissue injuries may include vertigo, nausea, headaches, blurry vision, neck stiffness, neck pain, back pain, jaw pain or soreness.
Accident victims may also experience behavioral symptoms including restlessness, nervousness, erratic behavior, tension or concentration problems. The quintessential plaintiff depicted by media is someone who uses a cane and then immediately becomes pain-free post trial. This problematic example of allegedly fraudulent plaintiff behavior affects insurance companies’, defendants’ and sometimes jurors’ views of soft tissue injuries. Without hard evidence like CT scans and x-rays, an injured plaintiff needs to be diligent in proving soft tissue injuries, and should seek immediate medical treatment.
A cervical strain/sprain or hyperextension injury, also known as whiplash, is one of the most common soft tissue injuries. Whiplash symptoms include back and neck pain that may seem minor after the initial car accident, however, if left untreated, can be extremely painful and uncomfortable. Lifestyle changes due to soft tissue injuries are prime examples of how these injuries created and will continue to create pain and suffering in a plaintiff’s life. These changes may include the inability to participate in certain physical activities, like biking or strenuous exercise. Many plaintiffs also experience pain when performing everyday activities like lifting groceries or driving for long periods of time.
The best method to recover compensation for expenses and costs related to soft tissue injuries is to establish a clear timeline of the treatment received from the date of the incident through the time the lawsuit is initiated. In personal injury cases, a demand letter is used to negotiate settlement prior to a lawsuit being filed or during the early stages of litigation. Because defendants and by extension, insurance adjusters, frequently claim that soft tissue injuries were pre-existing and to dispute them, a demand letter can be an extremely beneficial tool. A strong and detailed demand letter will includes the facts of the case, the type and amount of damages sustained, and the medical treatments required to heal. If future medical treatment is required, be sure to include opinions from your medical providers that support this request. As a plaintiff, you are not qualified to provide medical opinions.
In addition, an affidavit from the plaintiff will be beneficial in explaining plaintiff’s point of view. This affidavit should state the exact injuries the plaintiff sustained, and the ways in which the injuries as a result of the accident have affected the plaintiff’s lifestyle.
Therefore, the best chance for your soft tissue damages to be taken seriously is to be properly assessed by a medical professional. When sending an initial demand letter to the defendant, be sure to include itemized billing statements, invoices, and records related to all of your damages including soft tissue injuries. Physical therapy sessions are one such way to prove soft tissue medical damages. Physical therapy or physiotherapy is the use of medicine and rehabilitation to remediate the healing process and promote function, mobility and quality of life. Physical therapy usually required multiple visits from the date of the accident and can continue months or years following.
Expert witnesses like doctors and licensed physical therapists will assist in getting a claim settled faster or provide higher chances of winning during trial. It is also important to be honest with your damage claims. If you have pre-existing injuries to any body part that was also injured in the accident for which you are seeking compensation, you should denote this as it will likely be learned during the discovery process.
Despite the challenges a plaintiff might face, he or she can still recover compensation for pain, suffering and resulting injuries with careful consideration. Importantly, the plaintiff has the burden of proving a causal link between the injuries and the accident. Therefore, it is important to seek medical treatment to document the injury immediately following the accident, to properly document the injuries and to follow medical provider’s advice to aid recovery.
If you need help obtain compensation for Riverside soft tissue injuries, we are available.