Soft tissue injuries are unique injuries. You can get them almost anywhere on your body without seeing them physically manifest. Soft tissue injuries are difficult to detect as 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. It is important to understand the type of injury you are suffering from because compensation for soft tissue damage will be dependent on the severity of your injuries. Some examples of serious soft tissue injuries include:
- Torn muscles
- Torn tendons or ligaments
- Whiplash
Common Soft Tissue Injuries in a California Motorcycle Accident
Soft tissue injuries typically occur because of a sudden, unexpected motion or impact. You could experience this in a motorcycle accident by falling off your bike after attempting to avoid a careless driver, or in an unexpected collision with another vehicle. 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.
Soft tissue injuries can have a debilitating effect on your life, causing you to have to live with pain. If you’re suffering any symptoms related to soft tissue damage, it is recommended to consult with an experienced personal injury attorney who can help you seek compensation for your injury.
Do I Need a Lawyer for a Soft Tissue Injury in a California Motorcycle Accident?
California has the highest rates of motorcycle accidents based on statistics from the California Office of Traffic Safety. These accidents happen in the blink of an eye due to a car or truck changing lanes without looking or driving recklessly around motorcycles. But the unfortunate truth behind these statistics is that hundreds of families are financially and emotionally affected due to another person’s careless actions. In these situations, a motorcycle accident attorney can seek damages from the liable party to help accident victims and their family seek compensation. Damages that can be recovered from a soft tissue injury include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your motorcycle accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
Proving Your Soft Injury Claim After a California Motorcycle Accident
Other drivers on the road owe a “duty of care” to the other drivers around them. Duty of care isn’t just a suggestion for those driving throughout California, it is a law they must follow. 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.
Contact a Soft Tissue Injury Motorcycle Accident Lawyer in California
If you or a loved one has suffered soft tissue injuries in a motorcycle accident, our accident attorneys at Maison Law will get you the compensation you need. We understand the impact a motorcycle 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.
