Posted on: 4 May 2015Share
Soft injuries are those that involve muscles, ligaments, and tendons, but not bones. If you are processing a personal injury claim, and most of your injuries are "soft," then you should expect hard negotiation from the insurance company. This is because insurers are of the erroneous view that only injuries to the bone and critical organs of the body (such as lungs, heart and brain) are serious enough to warrant substantial awards.
Here are a few measures that can help you prove soft tissue injuries and increase your chances of getting the award you deserve:
Expert Witness Testimony
It's not just insurers who are skeptical about soft tissue injuries; even the jury may find it difficult to believe that such injuries are serious. This is even more likely if the damage to the vehicle or vehicles was also minimal. However, the input of an expert witness can help you prove that such injuries occurred or can occur even with minimal vehicle damage.
For example, expert witnesses can help the jury understand that seat belts do not hold the whole body back during a crash. The parts of the body that are not held back, such as the head or arms, will continue (for a split second) with the same momentum that the whole body was moving with before the crash. Stopping one part of the body, while letting the other part continue moving, definitely causes a jarring damage to the tissues holding these parts of the body together.
Just like with other accident cases, a doctor's report can also help you to bolster up your soft tissue injury claim. The report may include things like torn ligaments, internal scarring, stretched muscles and even the nature of medications you had to take to manage your pain. These injuries aren't usually visible or easy to understand from the insurers', judges', or juries' perspective, but your medical report will bring them to life.
Evidence of the Injury's Impact on Your Life
Even a soft tissue injury that is not obvious to other third parties may have a substantial impact on your life. The injuries may hinder your day-to-day activities and even work. For example, a torn biceps tendon (between shoulder and elbow) may make it difficult for you to engage in activities that require the use of the arms such as playing tennis or piloting drones. Providing evidence, for example in the form of testimonies from friends, colleagues and boss, may help you strengthen your case.
Above all, you will need the input of an experienced injury attorney like one from McDonald Law Offices to present all these pieces of evidence to the relevant party (jury and/or insurer). Don't forget to document your injuries, treatment, and recovery progress and provide your attorney with the notes.