Soft tissue injuries are acute injuries caused by sudden trauma. Most truck accident victims are susceptible to soft tissue injuries because the sudden impact of a major collision can cause a person’s body to fall, twist, or suffer a blunt impact. Soft tissue injuries can occur almost anywhere on your body without seeing them physically manifest. They often do not show up on X-rays or MRIs. According to OrthoInfo, soft tissue damage typically includes sprains and strains of muscles, tendons, ligaments, and other similar tissues on the body.
If you or a loved one has suffered a soft tissue injury, the accident attorneys at Maison Law are here to guide you through the legal process and get you the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Average Soft Tissue Injury Settlement
The amount your soft tissue injury settles for is dependent on your economic and non-economic damages. These damages combined include:
- Hospital bills
- Current and future medical treatment
- Lost income
- Future lost earnings
- Physical therapy
- Surgery (if necessary)
- Pain and suffering
- Loss of enjoyment of life
In addition, the value of each of these damages will be dependent on their severity. The more severe your damages, the greater your compensation will be. For example, if your medical treatment costs more than $100,000, then it would not be out of the realm of possibility to request a settlement of over $100,000. However, it is important to note that each personal injury case is unique and the outcomes can vary.
Common Soft Tissue Injuries in a California Truck Accident
Soft tissue injuries typically occur because of a sudden, unexpected motion or impact. You could experience this in a trucking accident and not even notice it until days later. For that reason, it is important to see a doctor after an accident, even if you do not think you’re hurt. In a personal injury claim, the insurance company can and will use your lack of initial medical treatment to hurt your claim and reduce your settlement. So, you should always consult a medical professional about soft tissue injuries after you suffer an unexpected collision. Common soft tissue injuries include:
- Contusions: commonly referred to as a bruise, a contusion can occur after a blunt impact to the body. Symptoms involve pain, swelling, and discoloration
- Sprains: Ankles, wrists, and elbows are all especially vulnerable to these injuries where the ligament has been twisted or over-extended.
- Tendonitis: inflammation of a tendon can be caused when the flexible tissue is damaged in an accident, shortening a person’s pain threshold when doing repetitive, basic movements.
- Whiplash: sudden stops typically cause whiplash, which is when the body and neck snap back and forth, damaging muscles, ligaments, and nerves.
- Bursitis: the bursa is a fluid-filled sac that cushions the area between bones, muscles, or tendons.
Proving Your Soft Injury Claim after a California Truck Accident
Other drivers on the road owe a “duty of care” to the other drivers around them. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish the actions of a careless driver caused your accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the other driver failed to uphold their duty of care toward other drivers
- Cause: the other driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Oftentimes, these things can be proven through police reports, witness statements, dashcams, or traffic cameras. If this type of evidence cannot be produced, then a personal injury attorney can exercise legal procedures against the liable party such as interrogatories and depositions to support your claim.
Do I Need a Lawyer For a Truck Accident in California?
If you’ve sustained soft tissue injuries from a truck accident, it is advisable to seek legal counsel. Even though trucking companies have insurance to cover accident victims, they do not want to claim fault for collisions and will often use significant legal resources to avoid liability.
If you partner with a lawyer, they will:
- Identify All Liable Parties: Truck accidents typically involve multiple cars due to the size of the truck. An accident attorney will collect all responsible parties and file a personal injury lawsuit against them, maximizing your chance at full, financial recovery.
- Follow Proper Legal Procedures: An experienced truck accident attorney understands the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them.
- Prepare for Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Allow you to focus on Recovery: Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
Contact a Soft Tissue Injury Truck Accident Lawyer in California
If you or a loved one has suffered soft tissue injuries in a truck accident, our accident attorneys at Maison Law will get you the compensation you need. We understand the impact a truck accident can have on a person’s life and we will aggressively pursue every legal avenue to recover all the damages you’ve suffered. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
