There’s a misconception that soft tissue injuries aren’t that serious. All it takes is some rest for a few weeks, maybe a few months, and you’re all set. Right?
That might be true for a minor strain or sprain but make no mistake—soft tissue damage is often severe, painful, and can come with major medical bills and long-term effects on your quality of life.
There’s no exact “average” settlement for soft tissue injuries since they can vary so widely in severity. But that won’t stop the insurance company from trying to deny, undervalue, and underpay your soft tissue injury claim.
If you’ve been hurt in a crash, you deserve fair compensation for any physical pain and suffering you’ve experienced as well as the cost of any medical treatment your injuries require. In this blog post, you’ll learn more about what soft tissue injuries are, how much you might be able to expect from a soft tissue injury settlement, and how an experienced personal injury attorney can help.
What is a soft tissue injury?
The term “soft tissue injury” usually refers to any injury to the fibrous soft tissues that support the body’s structure and enable movement: muscles, tendons, ligaments, and fascia. However, the term can technically refer to damage to nerves, blood vessels, or any other type of body tissue other than bones and teeth.
Some of the most common soft tissue injuries that result for motor vehicle collisions include:
- Herniated discs
- Back strains
- Whiplash
- Bruises
- Joint sprains (shoulder, hip, knee, etc.)
Severe soft tissue injuries can cause chronic pain and permanent loss of mobility. Many victims require physical therapy, steroid injections, or even surgery if pain does not resolve.
It’s important to understand that many soft tissue injuries will not get better with rest alone. If you are experiencing any pain or discomfort after a car accident, see a doctor immediately. Getting a diagnosis and treatment plan as soon as possible will be better for your long-term health as well as your personal injury claim.
How much is my soft tissue injury claim worth?
At Crosley Law we have helped many clients obtain soft tissue injury settlements reaching six or even seven figures. But not every case is worth this much. The general formula goes something like this:
- Add up all the economic damages (medical bills, lost wages, etc.)
- Estimate non-economic damages, usually using the per diem method (number of days you’re injured multiplied by a daily rate) or the multiplier method (total economic damages multiplied by a factor of 1 to 5, based on the severity of your injury)
Calculating a ballpark estimate for your soft issue injury claim depends on a lot of factors. We’ll discuss most of the major ones below, but the best way to get a good idea of how much your specific case is worth is to talk to an experienced personal injury lawyer.
Cost of medical bills
You’re allowed to claim compensation for the cost of medical treatment you receive. Many soft tissue injuries are initially treated with measures like steroid injections, physical therapy, and other non-invasive approaches. However, if these measures fail (and they frequently do), you may need surgery (or several surgeries) to repair the soft tissue damage.
It’s extremely important that you wait until you reach maximum medical improvement and get a clear picture from your medical team about what procedures you’re likely to need in the future. You don’t want to settle your soft tissue injury case with the insurance company only to find out later that you’ll need an expensive surgery you hadn’t accounted for.
Lost wages
If your injury prevents you from working, you can claim compensation for the paychecks that you missed.
Furthermore, if your injury permanently affects your future wage-earning potential—for example, by forcing you to change careers, work fewer hours, take less lucrative opportunities, or miss out on expected promotions—you’re allowed to claim the difference. Calculating this potential is tough and requires rock solid evidence, so talk to an attorney.
Length of recovery
Soft tissue injury symptoms can last months, weeks, or even years depending on the nature of the injury. If physical pain and suffering continue to impact your daily life over a longer time frame, that should result in a higher settlement offer.
Even if nothing seems to be working, always make sure you follow your doctor’s recommended treatment plan, attend regular checkups, and report your symptoms each time. Simply put, in the eyes of the insurance company, if it’s not in the medical records it doesn’t exist. For example, if you stop talking to your doctor about chronic shoulder pain and it’s not in your medical records past a certain point, the insurance company will assume you’ve recovered and your symptoms must not be bothering you anymore.
Impact on quality of life
Two people with the same severe soft tissue injury, same symptoms, and same treatment plan can still experience very different effects to their quality of life. If your injury keeps you from doing what you love and causes you significant emotional stress, sadness, or depression, that should be reflected in your settlement offer.
Here’s a recent example:
We represented an active mom who experienced nearly disabling hip and back pain after a crash, due to several herniated discs and torn cartilage. Before her injury, she loved going hiking, camping, swimming, and ice skating with her husband and young daughter. Afterward, she could barely even go to the grocery store on her own.
Juries are extremely sympathetic to these kinds of stories, and the risk of big losses at trial gives insurance companies an incentive to make better settlement offers.
RELATED CLIENT SUCCESS STORY: Crosley Law wins $900K for mom and family | Crosley Law
Amount of insurance coverage
This one’s tough to hear, but it’s the truth. No matter how big your economic and non-economic losses might be, you won’t get a fair deal if there’s not enough insurance coverage to pay for it.
Texas only requires drivers to carry $30,000 per person and $60,000 per accident in liability coverage. That won’t come close to covering you if you’ve sustained soft tissue injuries severe enough to require multiple injections or surgery.
More liability coverage may be available if the at-fault driver was on the job or if there are other liable parties to sue (such as an equipment manufacturer or a bar that overserved the driver). You can also sue the other driver personally—but if they’ve only bought the minimum amount of liability coverage, it’s unlikely they have personal assets to pay your claim either.
Your own auto insurance company offers uninsured and underinsured motorist coverage that can step in to cover damages above and beyond the limits of the at-fault party’s liability coverage. We recommend purchasing a significant amount of coverage—it’s usually fairly cheap and provides a lot of peace of mind.
Clear liability
Is it super clear that the other driver was at fault, or is there some gray area about what really happened?
If your case goes to trial, Texas courts can split the blame—for example, 70% to the other driver and 30% to you. If they hold you partially responsible, your damages will be reduced by your percentage of fault. (And if you’re more than 50% at fault, you get nothing.)
Insurance companies factor this in when making settlement offers. If they think they can convince a jury that you’re at least partly to blame, they’re going to offer less.
Aggravating facts
It’s important to remember that there’s no exact science to calculating damages, especially when it comes to things that don’t have an obvious price tag (like chronic pain or emotional distress). Your case is worth whatever a jury thinks it’s worth, period.
Attorneys and insurance companies know that juries are human beings and aren’t perfectly rational and objective about damage awards. If the plaintiff is likable (say, an active mother who can no longer play with her child) and the defendant is unlikable (say, a truck driver who was staring at his phone for 10 seconds before the crash), juries will tend to award higher settlements even if all other factors are the same. This too will be reflected in how much the insurance company is likely to offer to avoid a risky trial.
Car Crash? Call Crosley
At Crosley Law, we’ve handled hundreds of soft tissue injury claims over the years. Across all personal injury cases, our average win is about $200,000, and we’ve obtained $1 million or more on more than 50 occasions.
We know how to help our clients get the medical treatment they need to get better and gather the medical records, expert witness statements, and other evidence they need to succeed in their personal injury case.
To schedule a free consultation with our team to discuss your soft tissue injury and your legal options, call us today at (210) 529-3000.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
