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What Is the Average Payout for Soft Tissue Injury?
Posted in Personal Injury on February 2, 2021
A soft tissue injury occurs when you sustain any damage to the soft tissues in your body, rather than your bones. Soft tissues include muscles, tendons, ligaments, nerves, fat, and other tissues that connect and support tissues, bones, and organs throughout the body. Although these injuries are not as visible as others, soft tissue damage can be very painful and require weeks of recovery.
If you sustain a soft tissue injury due to the actions of another person, you may be able to hold him or her liable through a personal injury lawsuit or insurance claim. The amount of compensation you may receive through your claim depends on the circumstances surrounding your case and how well you can prove your right to damages.
Potential Damages in a Personal Injury Claim
In a Washington personal injury lawsuit, you have the right to collect economic and non-economic damages from a liable party. These damages must directly relate to the accident and your soft tissue injuries. Common types of damages in soft tissue claims include the following.
- Past and future medical expenses
- Lost wages
- Chronic pain
- Emotional distress
- Property damage
- Transportation to medical appointments
- Loss of enjoyment of life
Is There an Average Settlement for a Soft Tissue Injury?
Generally, personal injury and insurance settlements vary based on the circumstances of each case. Since the damages are specific to each victim in a case, it is difficult to establish an average payout that you can expect in your lawsuit. However, certain factors can influence the amount of compensation you receive.
If your injuries are very severe and require lengthy medical treatment or long periods of time away from work, your settlement will be higher than if you did not need this care or recovery time. This is because the value of your past and future medical expenses and lost wages will be higher. Severe, painful injuries often result in higher amounts of pain and suffering as well, which can also increase your award. If a court believes you are partially responsible for the accident that caused your injuries, it can reduce your award by the amount of liability you share using Washington’s comparative fault laws.
Why Soft Tissue Injuries Are Difficult to Prove
To establish your right to damages after a soft tissue injury, you will need to prove that the at-fault party’s actions caused your injuries. In a personal injury lawsuit, you will need to prove four important facts.
- The at-fault party owed you a duty of care.
- The at-fault party breached his or her duty of care through a negligent act or omission.
- The breach of duty directly caused your soft tissue injury.
- You suffered damages you can recover compensation for.
When it comes to soft tissue injuries, proving causation can be very difficult. Unlike broken bones or brain damage, soft tissue injuries do not clearly appear on diagnostic imaging like CAT scans or x-rays. Complications can be difficult to predict or prove, and an insurance company or defense attorney may claim your medical records are insufficient evidence. A court or insurance company may also use pre-existing conditions or failure to seek immediate medical attention as justification to deny or reduce your award.
In these situations, it is important to have a personal injury lawyer on your side. Your attorney can help you gather evidence necessary to prove your right to damages, establishing causation and the nature of your injuries. Contact a Seattle personal injury attorney as soon as possible after your accident to discuss your legal options.