Although car accidents can vary widely, from their cause to their outcome, they often share a common injury. Soft tissue injuries, which include whiplash, bruises, and cuts, are the most common injuries that individuals sustain in car accidents.
While some of these injuries can be noticed immediately following an accident, due to bleeding or discoloration, others aren’t as visible and could take some time to be detected. Swelling and stiffness have a tendency to take their time and may not settle in until the following day or days.
This is one of the reasons why personal injury attorneys advise clients to seek medical attention following a car accident, even if an injury isn’t immediately apparent. Documenting that a thorough examination was completed is an important aspect of any potential legal claim, should one be necessary. In fact, if medical treatment is delayed, it could impact the value of the settlement that may be agreed to at some point.
And, if an injury is diagnosed, it’s vital to follow the prescribed treatment plan and keep track of all medical records related to the injuries sustained in the accident.
To better understand soft tissue injuries, it’s best to start with their signs and symptoms. Pain, inflammation and bruising are all signs of soft tissue trauma and shouldn’t be taken lightly. Stiffness, tenderness, and a limited range of pain-free motion are also signs that an injury needs attention.
Additional signs include muscle spasms or lingering or delayed discomfort. It’s not uncommon to experience an injury, just like in sports, and feel the pain intensify the following day.
Soft tissue injuries to tendons, ligaments, or muscles are graded on three tiers by their severity. The first tier signals a mild stretching or microtears. A grade 2 soft tissue injury indicates a partial tear with more pain and some instability. The third tier, the most severe, indicates more extensive damage to include a rupture or loss of function that may require surgery.
That grading scale helps determine the size of any potential personal injury claim following an accident, as it indicates the severity of the injury and the degree to which the injury will impact someone’s life. For example, a mild stretch of a knee ligament pales in comparison to a rupture that will require surgery for someone who works on their feet all day.
The difference, beyond pain and recovery, can be measured by lost wages due to an inability to work for some period of time.
So-called “pain and suffering” are also considered when injury settlements are being calculated. Despite sounding like an abstract concept, pain and suffering are actually assigned a value based on the combined total of lost wages and medical bills an individual experiences following an accident. Then, based on the severity of the injuries, the total is generally multiplied on a sliding scale to determine an ultimate payout.
In some cases, a per diem method is used in place of what is known as the “multiplier method.” The per diem method calculates the wages lost in a day of work due to the injury and multiplies it by the number of days that will be missed while the person recovers.
Another factor that can influence a settlement amount is what’s referred to as Arizona’s comparative fault rule, which reduces a person’s payout based on their percentage of fault for an accident. For example, if someone is hurt in an accident but they are also found to be partly liable for causing the accident, the overall financial award will be reduced by the percentage of liability.
With all of these variables, and more, involved in a settlement calculation, it’s easy to see how it’s actually challenging to pin down the average payout for whiplash or the average settlement amount for a soft tissue injury. Every accident is different, which means every soft tissue injury could have its own unique features and complications.
And not everyone does the same type of work. An injury that could be professionally catastrophic for one individual could not be life-changing for someone else. It just all depends on each person’s circumstances, which is why it’s best to consult with an Arizona personal injury attorney after getting into a car accident.
Personal injury attorneys, like the team at Torgenson Law, understand insurance bias, they understand the imaging that is needed for “invisible” injuries, and they also understand that long-term impacts of injuries are easier to prove with proper medical documentation. We have a proven track record of getting results for clients with soft tissue injuries and we have long fought insurance companies that try to downplay the severity of soft tissue injuries.
No one should go up against insurance companies alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you’ve been involved in an accident, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
