Soft Tissue Injury After Car Accident: What You Need To Know
A soft tissue injury after a car accident can be very painful. In some cases, it can result in permanent pain and permanent disability. Someone who has suffered this type of injury may be entitled to compensation.
Insurance companies have spent tens of millions over the last two decades to essentially “brainwash” the public into discounting the seriousness of these injury cases. But the medical literature tells a different story. Soft tissue injuries after a car accident can result in disabling pain, and the effects of this type of damage to the a neck or back can result in permanent pain and permanent disability.
One example of the disinformation campaign that the auto insurance industry has been waging to discredit the seriousness of these type injury cases after an automobile crash is a case that I took to trial more than 20 years ago.
I was 28 at the time and just out of law school. My client had been rear-ended and suffered a soft tissue injury after the car accident to his neck and back. The insurance company on the other side was Allstate and the trial was taking place in Oakland County, Michigan – a venue that is considered very conservative. Allstate’s offer at trial was only $10,000, because as the insurance defense lawyer argued “a soft tissue injury after a car accident” isn’t a serious.
But it is and it was. My client was a professional carpenter and in his case these injuries were going to cause permanent pain and cause him to not be able to do much of the physical work and lifting and bending he did before his automobile crash.
Thankfully, but not surprisingly, the jury agreed with my client and returned a verdict over $1 million – actually $1,060,000.
This case at that time was just one of thousands that the insurance companies were pushing to trial and making low-ball settlement offers on as part of its “MIST” or “Minor Impact, Soft Tissue” campaign. The MIST campaign was the brainchild of McKinsey Consulting, and the insurance industry spent hundreds of millions of dollars on an aggressive propaganda and disinformation campaign to persuade the public that these neck and back injury cases were not serious. The MIST campaign was intended to save the insurance industry billions of dollars defending soft tissue injury cases from car accidents throughout the country.
Looking back 20 years later, it has largely succeeded.
What is a soft tissue injury after a car accident?
A soft tissue injury after a car accident consists of injuries to muscles, ligaments and/or tendons and cause pain, swelling/inflammation, bruising and limited range of motion. Symptoms may not appear right away, so prompt medical care and proper documentation are key for diagnosis and possible compensation.
Types of soft tissue injuries after a car accident
Sprain – A sprain is an injury where the ligaments that connect bones are stretched or torn, usually caused by twisting or overstretching a joint.
Strains – A strain is an injury that occurs when muscles or tendons are stretched or torn, often due to overuse or excessive force.
Contusions – A contusion is a bruise caused by a direct blow or impact that damages small blood vessels under the skin without breaking it.
Tendonitis – Tendonitis is the inflammation or irritation of a tendon, often caused by repetitive motion or overuse, leading to pain and tenderness near a joint.
Bursitis inflammation – Bursitis inflammation is the painful swelling and irritation of a bursa, a fluid-filled sac that cushions and reduces friction between bones, muscles, and tendons near joints
Symptoms of a soft tissue injury after a car accident
- Pain
- Swelling
- Bruising
- Discoloration
- Muscle spasms
- Inability to use the injured part normally
- Loss of or limited range of motion
- Numbness in the affected area
Complications
- Subcutaneous bleeding
- Damage to blood vessels
- Nerve damage
These injuries may also be indicative of another serious – as yet undetected and undiagnosed – underlying injury.
Diagnosis
To diagnose this type of injury, a doctor will conduct a physical examination to determine if there is swelling, range of motion restrictions, pain, and other restrictions. To aid in the diagnosis process, your doctor may also order X-rays, an MRI and/or a CT scan to confirm this is a soft tissue/connective tissue injury after a car accident and not a bulging or herniated disc.
Treatment for a soft tissue injury after a car accident
Treatment for a soft tissue injury after a car accident may include: (1) pain medication; (2) immobilization using a splint, sling or cast; (3) surgery; and/or (4) physical therapy.
What to do if you suffered a soft tissue injury after a car accident
If you have suffered a soft tissue injury after a car accident, follow these steps:
- Get treatment as soon as possible. When it comes to treating these injuries, the sooner a person begins treatment, the better the chances are that they will make a good recovery. The medical literature is very clear that aggressive treatment for a mechanical injury such as this has a much better chance of getting better if an injured person starts an aggressive physical therapy program as soon as possible. As a personal injury lawyer, I always advise people that the sooner they can get the necessary and appropriate medical care they need, the sooner they can hopefully get back on the road to good health and hopefully a good recovery.
- Get a referral to an orthopedic surgeon or a physical medicine and rehabilitation doctor whose specialty includes evaluating, diagnosing and caring for people suffering suffering from these typses of injuries after a crash. These are what are often called mechanical injuries, and it is worth noting that many professional athletes, Olympic athletes, and sports teams also rely heavily on chiropractic physicians to treat and recover from these types of injuries. As a general rule, doctors cannot help treat your injury until they know what is causing your pain and symptoms.
- Early documentation of a soft tissue injury after a car accident will make it easier for you to avoid future potential billing problems with your own insurance company or health care provider. Early medical documentation soon after your motor vehicle crash will establish a close temporal connection and this in turn is very helpful to show your health insurance company or a No-Fault insurance company adjuster that your motor vehicle crash was the most probable cause of your injury. Documenting your injury early on can also help you to avoid many of the problems that arise when an insurance company later might try to deny a causal relationship and refuse to pay for medical treatment. Putting it another way, the longer the time gap before your injuries are documented, the more likely it is that your insurance company will question whether the automobile crash was truly the cause of your injury.
- Early documentation by way of medical treatment will help you get better faster, and early medical documentation also creates the clear temporal causal relationship that insurance companies will be looking for when they are considering payment of bills that are being submitted to pay for necessary medical care.
- Showing a clear temporal relationship between the motor vehicle crash and documentation of when your injuries were reported, diagnosed and treated also makes it easier for your personal injury lawyer to obtain full and fair legal compensation for your injury if you have hired a lawyer to start a lawsuit for you for compensation for your injury. Most automobile crash injury cases will settle, but delays in treatment and long gaps in medical documentation will make it harder for your injury lawyer to be able to get a full and fair settlement for you if weeks or months have passed before there is any documentation in the medical records.
- Talk to an experienced attorney who has helped people with soft tissue injuries after a car accident and who knows the medicine and what these cases are worth. A lawyer who focuses on automobile crashes and who has extensive experience litigating motor vehicle crash cases can get you the help you need, including a settlement that reflects the full value for your injury. An attorney can also help you to make sure your bills are getting paid and that your settlement reflects the full measure of the future harms and losses you will face.
- Tell your auto insurance company about your injury after an automobile crash. If you live in Michigan, make sure to include this (and any other injuries you suffered and/or symptoms you are experiencing) in your application for No-Fault benefits, which is also referred to as your “written notice of injury” – which must be given to your No-Fault auto insurance company within 1 year after the automobile crash. (MCL 500.3145(1) and (4))
- Do not sign any settlements, releases, or waivers related to your automobile crash: Until you have talked with an experienced attorney who is looking out for your interests, do not sign any settlements, releases, or waivers that are presented to you by your auto insurance company, the at-fault driver’s auto insurer or any other insurance companies or persons.
Can you sue for a soft tissue injury after a car accident in Michigan?
In Michigan, you can sue for soft tissue injuries after a car accident if your injury causes serious impairment or permanent disfigurement. No-fault insurance covers initial medical costs, but legal action is needed for non-economic damages like pain and suffering.
To recover compensation, you must file a personal injury lawsuit against the at-fault driver and provide objective medical evidence showing your injury significantly affects your daily life. Pain alone isn’t enough; the injury must impact your ability to function normally. Meeting these criteria can help you obtain damages for physical pain, emotional distress, and loss of enjoyment of life.
Proving these types of injuries after a crash can be challenging, so it’s important to have thorough medical documentation and seek legal advice to strengthen your case and maximize your compensation.
How to make a claim for No-Fault benefits?
In order to make a make claim for No-Fault benefits for this type of injury, you must file an application for No-Fault benefits with the responsible auto insurance company within one (1) year of the automobile crash.
The No-Fault law’s “order of priority” rules will identify the auto insurer with which you must file your application. This auto insurance company will pay your auto No-Fault insurance benefits, which cover your medical bills and your lost wages if you cannot return to work.
What type of compensation can I get for a soft tissue injury after a car accident in Michigan?
In Michigan, if you’ve suffered a soft tissue injury in a car accident, you may be eligible for several types of compensation. These benefits can help you recover physically and financially while addressing the impact of your injury on daily life:
- Medical expenses: Coverage for doctor visits, hospital stays, physical therapy, medications, surgeries, and future medical care.
- Lost wages: Compensation for income lost due to missed work and loss of future earning capacity if your injury affects your ability to work.
- Pain and suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life, if your injury meets Michigan’s legal threshold for “serious impairment of body function” or permanent disfigurement.
- Replacement services: Reimbursement for hiring help with household tasks you can’t perform due to your injury, such as cleaning, laundry, or yard work.
- Mileage reimbursement: Compensation for travel costs to and from medical appointments related to your injury.
- Attendant care: Payment for in-home care services if you need assistance with daily living activities because of your injury.
- Other damages: Depending on your situation, you may also recover compensation for property damage and, in severe cases, wrongful death damages.
How long does a settlement take?
Every case is unique so the amount of time it takes for a settlement will vary from case to case. Factors that could affect how long it takes to settle your case will include: (1) your injuries; (2) your medical needs; (3) who your lawyer is; (4) the insurance companies involved; and (5) the policy limits.
What is the average settlement for a soft tissue injury from a car accident in Michigan?
In Michigan, the average settlement for a soft tissue injury after a car accident is highly variable and depends on several factors. These include the severity of your injury, how much it impacts your daily life, the amount of medical treatment required, lost wages, liability, and the insurance policy limits involved. Settlements can also be influenced by the quality of your medical documentation and whether you have legal representation. Because every case is unique, two people with similar injuries may receive very different settlement offers based on these individual circumstances
What factors will affect a settlement?
Factors that will affect your settlement include: (1) your injuries; (2) whether you suffered a “serious impairment of body function”; (3) your lawyer’s track record; and (4) the at-fault driver’s liability limits.
This is where your choice of a personal injury lawyer is particularly important. Auto insurance companies keep tabs on attorneys and they know who the attorneys are that go to trial and who the attorneys are that avoid trial and “settle short.”
Most attorneys talk a good game, but it has been years since they have tried a case. Insurance companies use this against them – and their clients – to force settlements that do not reflect the full value of the case.
The bottom line is that attorneys who are known for going to trial can settle cases for money and often much faster.
To learn more about how much a settlement in your case may be worth, please check our “Settlement Calculator.”
Why should I choose a lawyer from Michigan Auto Law to handle my soft tissue injury after a car accident case?
Choosing a lawyer Michigan Auto Law for your soft tissue injury claim after a car accident means working with a team that specializes exclusively in auto crash cases. Our attorneys have a proven track record of securing strong settlements and verdicts for clients across Michigan. We intentionally handle fewer cases so we can dedicate more time and attention to each client, resulting in better communication, faster results, and a client-focused experience.
Our reputation for taking cases to trial when necessary is well-known among insurance companies, often leading to higher settlement offers. With thousands of five-star reviews and a deep understanding of Michigan’s auto laws, Michigan Auto Law is committed to prioritizing your needs and achieving the best possible outcome for your injury claim.
Suffered a soft tissue injury a car accident? Call Michigan Auto Law now!
If you suffered a soft tissue injury after a crash, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in automobile crashes.
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More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.
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