Soft tissue injuries are less visible than fractures but could be just as debilitating. These types of injuries can vary from sprains to torn ligaments and could make everyday tasks uncomfortable.
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If you have legal questions about your potential claim, contact our Charleston personal injury attorneys at Roden Law. We offer a free consultation to discuss your legal rights. If you have a case and choose to work with us, we will work tirelessly to get you the compensation you deserve.
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Examples of Soft-Tissue Injury Claims
Victims may include the damages resulting from a soft-tissue injury in several different scenarios. If you were involved in these accidents, you may have a personal injury case.
Car Accidents
Car crashes are notorious for causing soft-tissue injuries; whiplash injuries are especially common in collisions because of the violent back and forth jolting that occurs at impact. For example, in a rear-end collision, your head and neck can snap back and forth rapidly. This motion can strain or tear the neck’s muscles, tendons and ligaments. This type of injury is extremely painful and could greatly limit the range of motion in your neck, shoulder and back area.
Slip and Fall Accidents
Slip-and-fall accidents can happen in public places, such as restaurants or office buildings. Occupants can fall if there are wet floors and no signs to warn them. Falls due to hazardous conditions, like wet floors or uneven surfaces, can result in strains, sprains and other soft-tissue injuries.
Workplace Accidents
Soft-tissue injuries are also common in the workplace. Victims who suffer this type of injury on the job may file for workers’ compensation. For instance, a construction worker could suffer a soft tissue injuries from lifting heavy materials, which could cause strain on muscles and ligaments. These injuries can happen if proper lifting techniques are not used.
How Is Liability Determined?
If the accident occurred in the workplace, victims do not need to prove negligence. They only need to be able to show that the accident and resulting injury occurred while they were performing their job duties.
In a potential personal injury case, however, victims need to prove the other party was negligent. An attorney can help them determine negligence by proving that the other party had a duty of care. For example, in a car accident case, drivers have a duty to operate their vehicles safely.
Determining liability also includes:
- Breach of Duty: A negligent party breaches their duty through actions or inactions. For instance, if a restaurant worker fails to put up a wet floor warning sign, a breach has occurred.
- Causation: Next, the breach of duty must link to the victim’s injury. This means proving that the defendant’s actions caused the accident that resulted in the soft tissue injury.
- Damages: It is the victim’s responsibility to prove that they suffered actual damages through evidence such as invoices to show medical costs and employment records to show lost wages.
What Type of Medical Evidence Are Needed When I File a Claim?
Soft tissue injuries are harder to prove as the damage is not visible. However, there is evidence that can help you prove your claim and recover compensation:
- Doctor’s reports
- Hospital records
- Test results
- Physical therapy notes
- Specialist reports
- Medical records
- Diagnostic test (X-rays, ultrasounds and physical examination)
Keeping a pain journal is something else you can do to help document your injury from day one, including pain levels and how it affects your overall quality of life.
Common Claims for Soft-Tissue Injuries
Every personal injury claim could result in different types of compensation. If you have suffered a soft-tissue injury due to another party’s negligence, you may be eligible for these types of compensation.
- Medical Expenses: Coverage for medical treatments, physical therapy, medications and any necessary surgeries.
- Lost Wages: Compensation for lost income due to injuries or inability to work while recovering from the injury
- Pain and Suffering: Compensation for the physical pain, emotional distress, and reduced quality of life caused by the injury.
- Future medical expenses: If the injury results in long-term or permanent disability, you may be entitled to compensation for future medical costs and lost earning potential.
- Loss of Enjoyment of Life: If injuries prevent victims from enjoying daily activities or hobbies they once enjoyed.
- Punitive damages: In some cases, this compensation will be awarded to victims if the at-fault party behaves recklessly or maliciously to deter future misconduct.
- Rehabilitation costs: Expenses for rehabilitation services to help victims recover.
Types of Soft Injuries
Soft tissue injuries are damage to muscles, tendons or ligaments. For example, if someone twists or rolls their ankle, it could cause them to tear a ligament. Muscles may be damaged if victims sprain an ankle, wrist, knee or foot.
Soft tissue injury may include:
- Strains: occur when muscles or tendons are overstretched or torn
- Contusions: known as bruises and happen when a direct impact causes damaged blood vessels
- Tendinitis: causes inflammation or irritation of the tendon, which connects muscles to bones
- Bursitis: affects small, fluid-filled sacs called bursae located around significant joints like your shoulder, elbow, hip or knee
Treatment and Management
Soft-tissue injuries can result in significant pain, swelling, bruising, and a decreased range of motion. Effectively managing these injuries is crucial for proper recovery.
Victims with minor soft tissue injuries may be able to recover with rest, ice, bandages, and keeping the damaged area elevated such as their leg or arm. However, severe injuries may cause victims to need surgery or prescribed medications.
Contact Roden Law to Learn About Your Legal Rights
It is best to seek legal counsel from a knowledgeable attorney who can help you pursue a claim. While you focus on recovering an attorney can negotiate with the insurance company and determine your best interest.
Roden Law is here to guide and support you throughout the legal process. We have a proven track record of securing compensation for our clients. Contact our firm for a free consultation. We can discuss your potential case and answer your legal questions. If we represent you, there are no upfront costs or fees.
Call us now for a free consultation: 1-844-RESULTS