Car accident victims in New York are entitled to receive a fair settlement for the injuries they have sustained as a result of someone else's negligence. This applies to both minor and serious injuries. In extreme cases, family members can file a wrongful death claim after losing a loved one.
However, the majority of car accidents that occur do not usually result in the loss of life. In most cases, victims will suffer neck injuries, cuts, lacerations, and other types of soft tissue injuries.
What victims need to know is that they can still sue the at-fault party even if they have not sustained severe injuries. With the right attorney by their side, victims can file soft tissue injury claims and walk away with a huge settlement amount to cover their medical bills and other damages.
The Law Office of Carl Maltese has an extensive record of winning car accident claims in New York. Victims who have suffered injuries and had to shoulder huge medical expenses can seek justice and fair compensation by calling +1 631-857-3703 to schedule a free consultation. They can answer questions regarding a back injury car accident settlement NY as well.
What Are Soft Tissue Injuries?
Soft tissue injuries are those that usually target the muscles, fat, blood vessels, ligaments, nerves, tendons, and other similar types of tissue around the body. They are injuries that occur in the tissue that surrounds the bones and joints.
The nature and location of these types of injuries usually make them difficult to detect using imaging technology, such as MRIs or X-rays. However, even when not immediately apparent, soft tissue injuries can still have severe consequences for the victims.
While the insurance company holding the personal injury protection policy may try to downplay the severity of soft tissue injuries in car accident settlements, a good auto accident law firm in Long Island will highlight the impact caused by these injuries on the victim's life to show that they are just as serious as, for example, a spinal cord injury.
A soft tissue injury can result in high medical expenses, physical therapy, and lost wages that the victim will need to be compensated for.
Causes of Soft Tissue Injuries
A motor vehicle accident is not the only possible cause of soft tissue injuries. Victims can suffer a neck or back injury that warrants a soft tissue injury claim in many different ways, such as:
Car accidents
Uber and Lyft rideshare accidents
Motorcycle accidents
Dog bites and dog attacks
Truck and commercial vehicle accidents
Slip and falls or trip and falls
Bicycle accidents
Pedestrian accidents
Usually, determining the cause of the soft tissue injury is the first step when seeking fair compensation in such a personal injury case.
The absence of obvious signs of injuries makes it difficult for the injured person to prove that they deserve compensation. This is why the help of an experienced car accident attorney with in-depth knowledge of New York personal injury laws is essential. They can also provide information on the average settlement for shoulder injury car accident NY.
Soft Tissue Injury Symptoms
Depending on the location and severity of the injury, symptoms of soft tissue injuries vary from one victim to the other. The most common injuries usually have the following symptoms:
Swelling
Joint pain
Inflammation
A sharp neck pain
Back pain
A stiff neck
Difficulty concentrating or remembering
Discoloration
Chronic pain
With proper treatment, soft tissue injuries such as these can be resolved without any problems. However, if the victim does not seek immediate medical treatment after the car accident, it can lead to a wide range of complications, such as:
Compartment syndrome (bleeding or swelling within an enclosed space within muscles)
Severe nerve pain and damage
Extensive damage to blood vessels
Massive internal bleeding
Soft tissue back and neck injuries that remain untreated can result in permanent injury. However, this is not a common occurrence.
To be on the safe side, it is best for car accident victims to always seek medical treatment as soon as possible. A neck injury that goes undiagnosed, for example, can result in a lifetime of pain and suffering that could have been easily avoided.
Common Soft Tissue Injuries in Car Accidents
Many soft tissues can be damaged during a car accident, especially in high-risk areas such as the neck and back. Injuries to these areas usually fall under the following six categories:
Lacerations
A laceration can be defined as a deep cut or gash that slices through the body's soft tissue. During a car accident, broken glass or torn metal parts of the car can cause serious cuts to the victim's body. In some cases, internal injuries can arise when pieces of the car get lodged inside the soft tissue, which would require immediate medical treatment.
Herniated Discs
The discs that protect the spinal cord are designed to absorb shock, but a severe car accident can cause one or more of these discs to be knocked out of position. This is called a herniated disc and can be a very serious and painful neck or back injury.
In most cases, the vertebrae that is out of position will rub against other discs or pinch a nerve, which results in a lot of pain for the victim. A neck injury settlement involving a herniated disc often requires the use of X-rays to highlight the full extent of the injury.
Whiplash Injury
Whiplash injuries are very common in car accidents, and in some cases, they can be very serious. The sudden impact that is often associated with car accidents can cause the head to snap forward like a whip. This type of injury may cause cognitive problems as well as severe pain and suffering.
Contusions
A contusion often occurs when the victim's body impacts an object hard enough to result in one or more capillaries being raptured. This will cause internal bleeding which appears in the form of a bruise on the victim's skin.
Minor contusions may disappear on their own without the need for further treatment, but it is best to seek a medical opinion in case the internal bleeding may be more severe than it seems.
Soft Tissue Sprains
Any stretched or torn ligament is diagnosed as a soft tissue sprain. One of the most common types of these injuries is a sprained ankle. Such car accident injuries are not life-threatening. However, they often cause a lot of pain and may require the victim to take time off work while recovering.
Soft Tissue Strains
When a tendon is stretched or torn, this is called a soft tissue strain. Tendons are responsible for connecting the soft tissue muscles to the bones or other muscles. Once an x-ray has been conducted to rule out broken bones, the doctors will examine the affected area to determine if any tendons have been damaged.
Treatment for Soft Tissue Injuries
The type of treatment required for a soft tissue injury often depends on the severity of the car accident. Serious car accident injuries can require surgery and physical therapy before the victim can get back on their feet and possibly resume their job.
The following are the various ways in which a soft tissue injury may be treated:
Plenty of rest to stimulate the natural healing process
Using cold compresses or ice on the affected area
Rehabilitation and physical therapy
Surgery
Use of braces and bandages to immobilize the affected area
Elevating injured body parts to reduce swelling
Recovery Time for a Soft Tissue Injury
The time needed for recovery depends on many things, such as:
Patient's health
Severity of injuries
Treatment and medical care administered
In most cases, the recovery time depends on the grade in which the injury falls. These can be categorized as follows:
Grade 1 - This is a minor injury that does not require a lot of medical treatment. Bed rest, cold compresses, and over-the-counter medication for pain management are often enough for a full recovery. In most cases, complete recovery time is usually just a few days or weeks.
Grade 2 - These are serious injuries that may require extensive medical care and longer recovery times. The combination of surgery and physical rehabilitation may require several months for the victim to achieve full recovery.
Grade 3 - Such cases are quite severe and may result in permanent injuries. In cases where the damage does not result in permanent disability, the victim may still lose complete function in the affected areas. Surgery is usually necessary to correct the damage caused and recovery can take months or years.
Average Settlement for Soft Tissue Injury Car Accident NY
While soft tissue injury cases are hard to win, with the right attorneys fighting for the rights of the victims, it is possible to walk away with huge settlement amounts.
The insurance company being held liable for the damages will often use computers to generate a settlement offer that is based on generic information. In many cases, this type of calculation results in a low initial offer because it does not consider the individual circumstances of each case.
Many victims are usually offered between $10,000 and $20,000 for past medical expenses and other damages. However, a good attorney can fight for much higher settlement amounts ($200,000 or more) if they have the evidence to back up the claims.
Four Factors That Affect the Value of a Soft Tissue Injury Settlement
When seeking fair compensation in a soft tissue injury case, the following are the four factors that will determine the settlement amount that the victim walks away with:
The At-fault Party
New York is a comparative negligence state, which means in an accident claim, part of the blame will be placed on the victim. This will affect the amount the at-fault party will be liable for.
Severity of Injuries Sustained
The more severe the soft tissue neck and back injuries sustained by the victims, the higher the settlement offer they are likely to receive. Chronic and permanent disability cases are often settled for much higher offers than less severe soft tissue injuries.
Cost of Medical Treatment
The cost of medical treatment in New York can be quite high even for relatively minor injuries. As such, the value of the soft tissue injury settlement amounts has to be high enough to cover all of the victim's medical bills. Proper documentation and receipts of all medical costs will be beneficial in increasing the settlement amount.
Property Damage
If the victim also suffered losses due to property damage, this has to be reflected in the settlement amount. An example is when a victim has to replace their vehicle after being involved in a car accident caused by someone else's negligence.
Proving a Soft Tissue Injury After a Motor Vehicle Accident
Proving that the victim has suffered soft tissue injuries resulting in significant damages is hard enough without the insurance company downplaying the victim's injuries. As such, personal injury attorneys usually have their work cut out for them when handling such cases.
Victims who are hoping to walk away with at least the average car accident settlement amount for the injuries and other losses they sustained can improve their chances by taking the right steps in the aftermath of the accident, such as:
Seeking immediate medical treatment
Keeping all medical records and receipts
Taking pictures of the car accident scene
Talking to potential witnesses of the car accident
Keeping a pain journal to highlight the extent of the pain and suffering endured
Hiring an experienced personal injury lawyer
Types of Damages in Soft Tissue Personal Injury Cases
Victims who have suffered a car accident injury in New York can sue for a wide range of economic and non-economic damages such as:
Medical expenses
Lost income
Pain and suffering
Permanent disability
Cost of rehabilitation if the plaintiff underwent physical therapy
Soft Tissue Injuries Vs. Spinal Cord Injuries - What Pays More?
In most cases, serious spinal cord injuries will result in a higher settlement amount than soft tissue injury claims. This is because a spinal cord injury can easily result in permanent disability whereas the majority of other soft tissue injuries can completely heal in a few days, weeks, or months.
An Experienced Personal Injury Attorney Is Just One Call Away
Even when asked to compensate victims for the soft tissue damage and other injuries they have sustained in a minor car accident, insurance companies can be very reluctant to pay. As such, New York victims need a good lawyer on their side if they are to walk away with the compensation they deserve.
With an impressive record of handling many similar personal injury claims in New York, the Law Office of Carl Maltese is ready to help. Victims can call Smithtown, NY law offices and ask to speak to an experienced car accident lawyer right now.