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There is no specific average settlement amount for soft tissue injuries incurred in auto accidents.
The average settlement for a soft tissue injury from a car accident varies on a range of factors. These include the severity of the injury, extent of medical bills, and missed wages, and others.
It can be easy to miss soft tissue damage caused by a motor vehicle accident, as symptoms may appear hours, days, or even weeks later. When this happens, it also makes it more difficult to prove that this type of injury was indeed a product of the collision.
However, it’s important to understand that any minor or severe injury is typically eligible for compensation in an accident claim. Working with an experienced car accident lawyer can help you best represent this type of injury and receive the maximum settlement for it.
Contact LegalFinders to learn how working with a dedicated personal injury attorney can set you up for a fair settlement inside or outside of court.
There are no specific statistics readily available to consumers regarding the average amount of a soft tissue injury settlement following an accident. This is likely because settlement amounts can vary greatly depending on several factors in each unique case.
One major factor is whether the accident victim suffered a serious injury that resulted in life-altering consequences.
For example, if someone experienced a neck injury that led to extensive medical care and impacted their ability to perform their job, they would likely receive a larger settlement amount.
Other common factors that influence a soft tissue injury settlement amount include:
Your personal injury lawyer can help you better understand how these factors influence your case, and prepare a solid car accident case that best represents the injury you experienced.
The following are steps that most people take after a car crash to receive a settlement for their accident injuries.
First, file an insurance claim with the at-fault driver’s insurance company. You will need to file a soft tissue injury claim, which may be referred to as a personal injury claim.
Your claim will need to include as much evidence as possible, such as medical records, the police report from the accident, medical expenses, and medical treatment received and/or required.
After the insurance adjuster reviews your claim and the evidence you submitted, they will likely come to a conclusion on a settlement value and prepare a payout offer for you. If you agree to the amount, there is no further action to take.
However, if you feel like the insurance company low-balled your offer, you may wish to have your legal representation negotiate a more fair amount on your behalf. It’s important to note that most personal injury case settlements are negotiated outside of court.
If, however, a personal injury settlement cannot be reached, the law firm you work with may recommend taking your soft tissue injury case to court.
This legal process can take weeks, months, or even years, so it’s imperative you have a strong attorney-client relationship with your legal representation.
There are several factors that influence settlements offered in soft tissue injury cases. Some of the most commonly seen include:
How severe your injuries are will likely play a role in the settlement you’re offered.
There are several types of soft tissue injuries, with some of the most common seen in auto crashes including:
Your injury may range from minor to major, and its severity can impact the effects it has on the rest of your life.
Another important factor in soft tissue injury cases is whether you can return to work at full capacity after the accident.
Some injuries can affect your ability to perform tasks you once did for your job. If you can no longer work, or your work is altered because of the injury, this will likely be taken into account by the court when offering you a settlement.
It’s important to seek medical attention immediately following any accident, even if you don’t feel you’ve been injured. This is especially important in soft tissue cases, as some of these injuries can take hours or days to be felt.
Every piece of documentation you receive related to your injury, including medical records, treatment, and expenses, can work to prove that your injury was caused by the auto crash.
Insurance coverage is another important component in a personal injury settlement offer. In no-fault states, you may be dependent on your own insurance policy to compensate you for losses. This would require you to have personal injury protection (PIP) as part of your policy.
Additionally, in some at-fault states, you must first exhaust your own PIP in order to seek additional compensation.
If you experienced additional damages and losses in the crash, this should be included in your car accident claim and may increase your settlement offer.
Examples of other auto accident damages include:
More severe auto crashes tend to result in increased damages compared to minor car accidents. Your attorney can help you determine which damages are applicable to your case.
Some states base the settlement amount you qualify for on your level of negligence and fault in the accident. Even though the person who caused the accident, or the faulty party, may hold the majority of liability, there are still instances when you may be liable as well.
When you reach out to a qualified car accident attorney, they can provide you with a free case evaluation that will often include the estimated level of negligence you hold in the case.
Your personal injury lawyer can provide you legal advice on which personal injury laws apply to your unique case that may affect your verdict. Common laws that may influence your case include level of negligence and statute of limitations.
The statute of limitations refers to how long you have to file a personal injury case from the date your injury was incurred. In many states, the statute of limitations is two years.
Soft tissue damage like whiplash injuries can occur in any type of car accident, including T-bone and rear-end crashes.
Whether you suffered a minor injury or a major soft tissue injury that resulted in extensive medical bills and long-term care like physical therapy, you deserve to be compensated for your losses.
Working with a dedicated personal injury attorney is the best way to ensure you receive a fair settlement and are fairly represented in a court of law. Reach out to LegalFinders today to be connected to a lawyer near you today.
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Published: 15 December 2023
American Bar Association. “Personal injury.” Retrieved from https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury/.
John Hopkins Medicine. “Soft-Tissue Injuries.” Retrieved from https://www.hopkinsmedicine.org/health/conditions-and-diseases/softtissue-injuries.
Washington State Office of the Insurance Commissioner. “Personal injury protection (PIP).” Retrieved from https://www.insurance.wa.gov/personal-injury-protection-pip.
