Soft-Tissue Claims After St. Louis Motor Vehicle Collision
Soft tissue injuries are a common consequence of car crashes, even in seemingly minor collisions. Here's a breakdown of the key factors to consider when pursuing a soft tissue claim after a car crash:
What are Soft Tissue Injuries?
Soft tissue injuries involve damage to muscles, ligaments, tendons, nerves, and other connective tissues in the body. Common examples include:
- Whiplash (neck sprain/strain)
- Back pain
- Sprains and strains in other body parts (knees, shoulders, etc.)
- Soft tissue contusions (bruises)
Challenges of Soft Tissue Claims:
- Difficulty Proving Severity: Soft tissue injuries aren't always visible on X-rays or scans, making it challenging to objectively demonstrate the severity of the injury.
- Pre-existing Conditions: Insurance companies might try to argue that your pain stems from pre-existing conditions, not the car crash. Thorough medical documentation is crucial to counter such arguments.
- Delayed Symptoms: Some soft tissue injuries don't manifest immediately after the accident. This can raise questions about the cause-and-effect relationship with the crash.
Strengthening Your Soft Tissue Claim:
- Seek Medical Attention Promptly: Don't delay seeking medical attention after a car crash, even if the initial pain seems mild. Prompt diagnosis and documented treatment establish a clear connection between the accident and your injuries.
- Maintain Detailed Records: Keep meticulous records of your doctor's visits, treatment plans, medications prescribed, pain journals documenting your symptoms, and any limitations caused by the injury (e.g., missed work, difficulty performing daily activities).
- Gather Evidence: If possible, take pictures of any visible injuries (bruising, swelling) and the damage to your vehicle. Obtain a copy of the police report and witness statements if available.
Understanding Damages in a Soft Tissue Claim:
- Medical Expenses: You can seek compensation for all medical bills related to the soft tissue injury, including doctor visits, physical therapy, medication costs, and diagnostic tests.
- Lost Wages: If your injury prevents you from working or requires taking time off, you can recover lost wages during your recovery period. Keep documentation of your income and lost work hours.
- Pain and Suffering: While harder to quantify, you can seek compensation for the physical pain and emotional distress caused by the injury.
- Property Damage: If your car was damaged in the accident, you can seek compensation for repairs or replacement.
Role of an Attorney:
An experienced personal injury lawyer specializing in car crashes can be invaluable in building a strong soft tissue claim. They can:
- Investigate the Accident: They can gather evidence, analyze the police report, and interview witnesses to establish fault and strengthen your case.
- Handle Insurance Communication: Lawyers can deal with insurance companies on your behalf, ensuring they handle your claim fairly and negotiate a reasonable settlement.
- Understand Medical Records: Attorneys can interpret medical documentation and effectively present the evidence to support your claim's severity.
- Negotiate a Settlement: They can negotiate on your behalf with the at-fault driver's insurance company to maximize your compensation.
- Prepare for Trial: If necessary, they can represent you in court if a settlement can't be reached.
Important Considerations:
- Statute of Limitations: Missouri has a five-year statute of limitations for filing a personal injury lawsuit after a car crash. Don't delay seeking legal advice if you're considering a soft tissue claim.
- Comparative Fault: Missouri follows a comparative negligence system. This means any fault you share for the accident will reduce your compensation award.
Conclusion:
Soft tissue injury claims can be complex, but with proper documentation, medical attention, and potentially legal representation, you can increase your chances of receiving fair compensation for your injuries and damages.