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Car accidents have the potential to cause broken bones, lacerations and serious spinal injuries. However, soft tissue injuries are the most common injury reported after a car accident. The insurance Research Council has noted that eight out of ten car accident injuries are soft tissue injuries. Soft tissue injuries are exactly what they sound like. They are bruises, tears, strains, sprains or any soreness of the body’s soft tissue including muscles, tendons and ligaments. One of the most frequent soft tissue injuries associated with car accidents is whiplash. The reason these types of injuries are so common is that the force of a car accident can be so sudden and extreme on the body and can cause the body’s soft tissue to suddenly stretch. Soft tissue injuries can last for weeks and cause the victim to miss time from work, resulting in lost wages. While soft tissue injuries are the most common car accident injuries, they do pose difficulties for personal injury law suits. If you have been injured in a car accident and are suffering from soft tissue injuries, here is some information that you should know.
One difficulty with soft tissue injuries is that symptoms may not appear for hours or even days after the accident. Also, soft tissue injuries are more difficult to detect than other injuries. X-rays cannot be used to diagnose soft tissue injuries. A doctor will have to diagnose a victim’s injuries based on their subjective complaints. Insurance companies will use these difficulties to their advantage. Soft tissue injury cases standout with insurance companies. Insurance companies treat these types of claims with skepticism because there may not be any diagnostic proof if the injury other than the doctor’s records and the victim’s complaints. Some insurance companies refer to these as “MIST” claims, or Minor Impact Soft Tissue Injury claims. Many of these claims will be denied by the insurance companies or they will offer settlements that won’t cover the medical expenses associated with the injury.
There are steps that soft tissue injury victims can take to help their claim with the insurance company. A victim should seek medical assistance as soon as the symptoms manifest themselves. Insurance companies are more skeptical when a victim waits long periods of time before seeking medical treatment. It is also important for the victim to document their injuries. Documentation should include keeping a diary of the symptoms, when the symptoms began, treatment regimes, and how the symptoms are progressing.
Given the complexity of these cases and the natural skepticism with which insurance companies treat soft tissue injuries, it is advisable to seek the advice of an experienced personal injury attorney if you are suffering from any soft tissue injuries resulting from a car accident. An experienced personal injury lawyer will know how to negotiate with the insurance companies and, if need be, file suit and take the claim to trial.
This website is for general information only about personal injury law practice of Van Dorn & Curtiss, and does not constitute an attorney client relationship. If you would like more information on personal injury including medical malpractice, wrongful death, automobile accidents, insurance claims, product liability, premises liability or dog bites, contact our experienced personal injury attorneys today. We happily serve the areas of New Hampshire & Vermont including Concord, Manchester, & Nashua.
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