In the world of personal injury law, there are the injuries you can see and the injuries you can’t. A broken bone shows up clearly on an x-ray. A severe laceration requires stitches and leaves a scar. These injuries are tangible, and while insurance companies will still try to minimize them, it’s hard for them to deny their existence.
But what about the injuries that don’t show up on a standard imaging test? What about the deep, persistent pain that comes from stretched ligaments, torn muscles, and damaged tendons? These are known as soft tissue injuries, and they are among the most common and most frustrating injuries that car accident victims face.
They are also the injuries that insurance companies love to undervalue, dismiss, and deny. If you’ve been diagnosed with a soft tissue injury like whiplash, a sprain, or a strain after an accident, you may be in for a fight. It’s a fight you shouldn’t have to wage alone.
What is a Soft Tissue Injury?
A soft tissue injury is damage to the parts of your body that are not bones. This includes:
- Muscles: The tissues that allow your body to move.
- Ligaments: The strong, fibrous tissues that connect bones to other bones.
- Tendons: The tissues that connect muscles to bones.
In a car accident, the force of the impact can cause these tissues to stretch, tear, and become inflamed. The most common type of soft tissue injury in a car crash is whiplash, which is an injury to the soft tissues of the neck and upper back. But these injuries can occur anywhere in the body, including the shoulders, back, and knees.
The “Invisible” Injury: Why Insurers Fight These Claims
The primary reason insurance companies undervalue soft tissue injuries is that they are difficult to see. Unlike a fracture, there is no definitive black-and-white image that proves the injury exists. They are diagnosed based on your subjective complaints of pain and a doctor’s physical examination.
Insurance adjusters are trained to be skeptical. They will use the “invisible” nature of your injury to argue that you are either exaggerating your pain or that you are making it up entirely. They will often refer to these as “MIST” cases, which stands for “Minor Impact, Soft Tissue,” a dismissive term they use to justify lowball settlement offers.
Common tactics they use to devalue your claim include:
1. Arguing the Impact Was Too Minor to Cause Injury
The adjuster will look at the photos of your car and say, “There’s barely a scratch on your bumper. You couldn’t possibly be this hurt from such a minor impact.” This argument has been repeatedly debunked by medical and scientific studies, but they continue to use it because it can be effective. They ignore the fact that a vehicle is designed to absorb impact, while the human body is not.
2. Delaying and Denying Medical Treatment
They will scrutinize your medical records and question the treatment your doctor has recommended. They may refuse to pay for physical therapy, chiropractic care, or massage therapy, calling it “excessive” or “unnecessary.” Their goal is to create a gap in your treatment, which they will then use to argue that your injuries must not have been that serious.
3. Using Your Own Words Against You
They will take your recorded statement and look for any inconsistencies. If you said you felt “fine” at the scene but are now complaining of severe pain, they will use that to attack your credibility.
How an Experienced Attorney Fights Back
An experienced personal injury attorney understands the cynical game the insurance companies play, and we know how to beat them at it. We fight to prove the reality and severity of your soft tissue injury by:
1. Objective Medical Documentation
We work with your doctors to ensure that your diagnosis, treatment plan, and the debilitating effects of your injury are thoroughly and objectively documented. While a sprain may not show up on an x-ray, a doctor can document objective physical findings like muscle spasms, limited range of motion, and inflammation. In some cases, more advanced imaging like an MRI may be able to show tears in ligaments or tendons.
2. Consistent Medical Treatment
We encourage our clients to follow their doctor’s orders to the letter. Consistent medical treatment is not only essential for your recovery, but it also creates a clear record that demonstrates the seriousness of your injury to the insurance company.
3. Expert Testimony
If necessary, we will hire medical experts to testify about the nature of soft tissue injuries and to explain how even a low-speed impact can cause a permanent and painful condition.
4. Telling Your Human Story
We don’t just present medical records; we tell the story of how your injury has affected your life. We gather testimony from you, your family, and your friends about the hobbies you can no longer enjoy, the daily tasks that are now a struggle, and the chronic pain that has become your constant companion.
Frequently Asked Questions (Q&A)
Q: How long does it take for a soft tissue injury to heal?
A: It varies greatly. Some minor sprains and strains can heal in a few weeks. However, a severe whiplash injury can lead to chronic pain that lasts for years or even a lifetime. It’s crucial not to settle your case until you have reached what is called “maximum medical improvement,” which is the point at which your doctors feel you have recovered as much as you are going to.
Q: What is my soft tissue injury claim worth?
A: The value of your claim depends on several factors, including the severity of your injury, the cost of your medical treatment, the amount of your lost wages, and the impact the injury has had on your quality of life. An experienced attorney can evaluate your case and give you a realistic assessment of its value.
Q: Should I accept the insurance company’s first offer?
A: Never. The first offer is almost always a lowball offer designed to make you go away. Always speak to an attorney before accepting any settlement.
Don’t Let Them Dismiss Your Pain
Your pain is real. Your injury is real. And you deserve to be compensated for it. Don’t let an insurance company bully you into accepting less than you deserve.
The dedicated and compassionate attorneys at Fitzpatrick, Skemp & Butler have a long history of fighting for victims of soft tissue injuries and winning. We invite you to visit our homepage to learn more about our approach. When you’re ready to fight back, contact us at 608-784-4370 for a free consultation.