Recovering damages for soft tissue injuries after an accident is often very challenging because of a number of reasons.
Firstly, these injuries are often invisible. Soft tissue injuries are injuries to the muscle, tendons, and ligaments, and are often not visible to the naked eye. There may be no external signs of the injury, and therefore, it may be challenging to prove that the injury does exist.
A common example of a soft tissue injury that can be challenging to recover damages for is whiplash. Whiplash injuries affect the neck, upper shoulder and upper back muscles when a person has been in a fender- bender. In an accident involving a car that is hit from behind, the person’s neck, head and upper shoulders are thrown forwards and then backwards at high speed upon impact. This results in a whiplash injury, and can cause neck and shoulder pain, upper back pain, and muscular stiffness among other symptoms. However, there may be no bruising or other external signs of an injury.
Another factor that can go against victims is that these injuries often do not show up on imaging scans and tests either. For instance, you can easily run an x-ray to identify a fracture. But x-rays, CT scans and MRI scan may not necessarily show up a soft tissue injury.
Besides, these injuries often show up several days after the accident. It’s not unusual for back pain to show up a few days after you have been involved in the accident.
In spite of all these challenges, it’s important to factor in soft tissue injuries in your claim, and recover compensation for these. Many of these injuries can have long- term consequences. A back injury, for instance, may only involve the muscles, but may lead to chronic pain that can make it difficult for the person to stand for long periods of time or perform manual work. This can impact his future earning potential.
In order to maximize your recovery of damages after a soft tissue injury, maintain a complete medical record with the results of all tests conducted. Maintain a journal describing pain, numbness, and other symptoms. Certain activities may trigger pain. Mention those clearly.
Seek treatment for all types of pain. If there is a niggling back ache that hasn’t completely disappeared after your accident, don’t neglect it. Tell your doctor about it and get a complete medical opinion from him. Take all therapies and treatments that the doctor advises diligently.
If you have suffered a soft tissue injury in a car accident or any other type of accident, talk to an Indianapolis personal injury lawyer at Montross Miller and discuss your legal options for a claim.