Maximizing Your Soft Tissue Injury Settlement After an Accident
Have you sustained soft tissue damage or injuries after an accident? A soft tissue injury settlement could be in the cards, but you’ll have to explore your legal options and understand whether your claims have merit. Soft tissue injury settlements often involve calculating, seeking, and proving compensation for various damages incurred. That’s where an attorney comes in. You can discuss your case and have your attorney develop a persuasive legal argument on which to anchor a potential lawsuit and soft tissue injury settlement — in legitimate dispute scenarios, strong legal foundations often lead to a settlement compromise.
Compensation is important, as it ensures that justice has been served and that you have received adequate cover for your losses. We therefore encourage you to get in touch with an attorney in our network by calling in to 1-800-THE-LAW2 for a free legal consultation.
If you’d like to learn more about soft tissue injuries and maximizing your settlement in such disputes, however, then read on! We’ll explore some of the basics.
What is a soft tissue injury?
A soft tissue injury occurs when the body’s muscles, tendons, and ligaments are damaged in an accident. In some cases, a severe soft tissue injury can result in permanent damage and may require long-term treatment or surgery. Common soft tissue injuries include whiplash, sprains, and strains. These connective tissues drive the body’s motor functions — injuries to these organs can lead to longstanding functional issues that could alter your ability to navigate the world, have normal relationships, and establish a satisfying and productive career. The losses can be quite significant, in some cases.
For example, if you have sustained serious damage to your ankle ligaments in a construction accident, then you could be left unable to return to work in a legitimate capacity for a year or more. Even then, your ability to work long and strenuous hours could be affected, limiting your growth potential in the construction industry. This could cause lifelong income issues and have damaging effects on your confidence, which can have knock-on impacts on your relationships and ability to engage socially with friends and family. All of these add up — an experienced personal injury lawyer will understand how to paint the narrative so that it correctly accounts for all these related losses.
How much can I get for a soft tissue injury?
Compensation is tied to the losses you sustained as part of your soft tissue injury. If your soft tissue injury results in chronic pain, this can significantly impact your quality of life and increase the compensation you may be entitled to. If your soft tissue injury causes life-altering changes, such as career-related issues, then you may have a significant claim for damages that you can be compensated for – and this could have impacts on your potential soft tissue injury settlement.
Filing a soft tissue injury claim is crucial to seek compensation for the losses sustained. Detailed medical documentation, consistent treatment, and providing evidence are essential to building a strong case and seeking fair settlements.
Claimable losses include:
- Wage loss
- Loss of earning capacity
- Property loss
- Medical expenses, such as medical bills
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Every case is different, and every plaintiff is different. The circumstances of one plaintiff could be different enough to result in wildly unique damage claims, even though they sustained the same injury. As such, there’s no simple way to predict damages based on the type of accident you sustained — instead, your attorney will have to investigate the evidence and calculate your damages based on the facts of your particular case.
For example, suppose that you sustained soft tissue injuries in a car accident. In Scenario A, you are unemployed. You would have zero wage loss damages, as you didn’t have to take any time off from work after the injury. In Scenario B, however, you have a job that pays $50,000 per year. You’re forced to take six months off from work to recover from your injuries. You’d therefore have $25,000 in claimable wage loss damages alone.
Why do most personal injury disputes end in a settlement?
It’s true that the large majority of personal injury lawsuits, including soft tissue injury cases, are resolved through a settlement agreement. Industry observers estimate that as much as 95 percent of lawsuits are resolved through settlement.
Why?
Trial litigation can be resource-demanding, public, exhausting, and above all: uncertain. There is no guarantee that a person going through litigation will win their case, and even if they do win, there is no guarantee that the court will award the level of damages that they’re looking to be compensated for.
In soft tissue injury cases, various factors influence settlements, including proving liability, the impact on work, the average settlements, and the difficulty in securing fair settlements. Documenting injuries and losses thoroughly is crucial for building a strong case.
Given this inherent uncertainty, and the various other negative aspects of litigation, parties often prefer to resolve the dispute through an early settlement. This lets them have some control over the amount that they are “bargaining for” in the dispute — this certainty is preferable in many cases to the surprise of a trial award.
Aside from the uncertainty, the other negative factors can have a significant impact on a party’s willingness to move forward through litigation. Consider, for example, that you are suing a local business whose public-friendly, safety-first brand is key to their success. If they allow you to push them ahead through the litigation process, the media may report on the lawsuit and the underlying details of the dispute may become public — this could cause irreparable damage to their brand.
Rather than damage their brand, the business defendant may prefer to pay out a favorable settlement early — it may be more than they’d “like” to pay, but they’re willing to do it to avoid the brand and reputational loss.
How to maximize your soft tissue injury settlements
Since settlements are — in a sense — a representation of the uncertainty that surrounds a dispute, maximizing your settlement will involve establishing the certainty of your claims and convincing the opposition of it.
Documenting soft tissue injury symptoms immediately after the accident is crucial for supporting your claim and maximizing your settlement. Seeking immediate medical treatment to document and validate injuries is crucial, as it can support your claim and aid in the recovery process.
Confusing? Allow us to explain.
Suppose that you’re involved in an accident that results in a soft tissue injury with damages adding up to roughly $100,000. Your injuries are quite extensive, but the defense disagrees with your calculations. They believe that your injuries are only worth $50,000. You produce evidence in support of your damages claim — and the evidence is quite persuasive. You and the defense counsel agree that there is a 75% chance that the court (if the case were to proceed to trial) would award you the $100,000. Thus, a $75,000 settlement would be a fair settlement that accounts for the 25% uncertainty associated with your claims.
Maximizing your settlement amount isn’t a simple task. Your attorney will work to build a stronger, more persuasive case — they will work with experts to develop favorable testimony on your behalf, and they will gather a mountain of evidence that supports your legal arguments and various assertions.
Why should you move forward with a personal injury attorney?
Attorneys are valuable at every stage of the legal dispute, from early accident investigations to the trial and other court processes. A personal injury attorney is essential for navigating the complexities of soft tissue injury claims and ensuring you receive fair compensation. Too often, the public mistakenly believes that attorneys are only “courtroom advocates.” In reality, experienced attorneys wear a lot of hats and take on a variety of different responsibilities and roles. A personal injury attorney, in particular, plays a crucial role in gathering evidence, communicating with insurance companies, and building a case for maximum compensation. These include the following:
- Identifying, gathering, and preserving relevant evidence
- Investigating the accident scene
- Communicating on your behalf with the other driver, law enforcement, opposing counsel, insurance carriers, insurance adjusters, government officials, and more
- Working with experts and witnesses to develop supportive testimony
- Building a persuasive legal argument
- Negotiating a potential settlement agreement
- Navigating courtroom proceedings (i.e., hearings)
- Pushing forward to trial, if necessary
- Securing compensation after it has been awarded by the court or won through a settlement
- And more
How much does it cost to hire an attorney for my injury dispute?
Most plaintiffs’-side personal injury lawyers work on a contingency basis. That means they cost nothing upfront or out-of-pocket. Instead, your attorney will take a percentage cut of the compensation they secure on your behalf — this can range anywhere from 25 percent at the low end to 40 percent or more at the high end.
Contingency fee arrangements create a lot of favorable dynamics for the injured plaintiff. The contingency fee arrangement empowers plaintiffs to explore legal solutions because there’s no upfront cost — you don’t need any money to get started. Additionally, the fact that attorneys take a percentage cut of the final compensation amount means that they are incentivized to work efficiently and effectively to maximize your compensation. After all, they only get paid if you get paid.
It’s a win-win situation.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve sustained a soft tissue injury in an accident that was not your fault, then you could be entitled to sue for damages. Compensation isn’t always straightforward, however, and there can be many challenges that you encounter throughout the litigation process. That’s why it’s important to work with an experienced personal injury lawyer who can help you navigate the litigation process effectively, and who will work to maximize your compensation (either the settlement offer or the trial award).
Contact 1-800-THE-LAW2 for a free legal consultation with a skilled personal injury lawyer in our network. During this initial consultation, you’ll be able to discuss your case in detail and obtain professional guidance on how best to proceed. You may have multiple strategic options to consider.
There’s no obligation to continue with our network attorney if you decide against it after having your free consultation. So there’s really no downside to picking up the phone and getting started.
We look forward to assisting you.
