Fractures, Sprains & Soft Tissue Damage Michigan Injury Attorneys
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Key Takeaways:
- Soft tissue injuries are injuries to ligaments, muscles, and tendons.
- Soft tissue injuries are graded as mild, moderate, and severe.
- Generally, ligament tears require surgery to repair.
- Many soft tissue injuries require physical therapy during recovery.
- Soft tissue injuries can have long-term effects, such as nerve damage or damage to blood vessels.
- Keep thorough records to help prove soft tissue injury claims.
- A car accident attorney can help you handle your claim and negotiate appropriate compensation with the insurance company.
Injuries often happen at the most inopportune times, and recovery is often physically and emotionally draining. The stress of receiving medical care and filing for insurance benefits can add to the physical and emotional toll. Whether you have minor or severe injuries, a Michigan personal injury lawyer can help guide you through the process of recovering fair and reasonable compensation. Contact Matz Injury Law for a free consultation.
What is a Soft Tissue Injury?
Soft tissue injuries affect the muscles, tendons, and ligaments. They usually occur due to a sudden or sharp movement or a misdirected step and may be secondary to other serious injuries in some cases. Some examples of soft tissue injuries include bursitis and back injuries like herniated discs. Arthritis form an accident is not considered a soft tissue injury. However, you may be entitled to some form of compensation.
Classifications of Soft Tissue Injuries Based on Severity
There are three classifications based on the severity of a soft tissue injury. These classifications help with the diagnosis, treatment, and projected outcomes of soft tissue injuries. The three classes of soft tissue injury are:
- Mild (Grade I): The least serious of the three classifications, Grade I includes the severe stretching of ligaments, resulting in minimal swelling and tenderness. You may also experience minor instability (e.g., knee joint). Healing will typically take anywhere between one and two weeks.
- Moderate (Grade II): This intermediate grade consists of partial tearing of ligaments, causing moderate tenderness and minor instability. You may feel pain and experience issues when putting weight on the affected area. Recovery time is typically about three to four weeks.
- Severe (Grade III): Severe soft tissue injury involves the complete tear of ligaments, resulting in significant pain, moderate to severe swelling, discomfort with movement, and severe instability. Medical care and treatment are required. Recovery time will vary and may take months or longer.
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Common Bone and Soft Tissue Injuries From Car Accidents
The most common types of bone and soft tissue injuries caused by car accidents include:
- Whiplash: Neck injury that happens when your body is suddenly forced forward while the cervical area (neck) remains stationary
- Whiplash may not present until several days after an accident, but it can cause neck pain and reduce your mobility.
- Contusions: Bruising injuries to soft tissue, usually caused by blunt force from a blow, fall, or kick
- Torn ligaments: The fibrous bands of soft tissue that connect and stabilize bones can tear during a car accident. Common tears include the anterior cruciate ligament (ACL) and the posterior cruciate ligament (PCL).
- Sprains: A stretched or partially torn ligament. Common sprains include ankles, knees, and wrists.
- Strains: Muscle tendons and ligaments that suffered excessive stretching or overuse
- Fractures (broken bones): Fractures can be simple or complex and are often accompanied by secondary soft tissue injuries (e.g., contusions, lacerations, etc.)
In many cases, soft tissue injuries from car accidents don’t heal on their own. You’ll need medical attention to minimize the risk of soft tissue injuries affecting your nerves and blood vessels and causing permanent or long-term damage.
What Compensation Can I Seek For a Soft Tissue Injury?
You can seek compensation for economic and non-economic damages after a soft tissue injury. These include:
- Medical expenses: You can be compensated for medical bills and medical expenses for care already received and future medical care required as a result of the injury, including doctor visits, physical therapy, emergency room care, prescriptions, ambulatory aids, occupational therapy, surgeries, and follow-up appointments. Medical expenses may also include at-home care or nursing home care.
- Pain and suffering: Includes emotional distress, ongoing or chronic pain, anxiety, and post-traumatic stress disorder (PTSD).
- Lost wages: You can recover lost wages for the time you missed from work because of accident injuries. You can also recover based on your loss of future earning capacity if your injury prevents you from returning to work.
Average Settlement for Car Accident Soft Tissue Injuries
The average settlement for soft tissue injuries in Michigan is between $5,000-$40,000. This amount is highly dependent on several factors, including the severity of the injury, the available insurance policy limit, and whether you choose to work with a skilled Michigan personal injury attorney.
Factors That Affect Your Car Accident Soft Tissue Injury Settlement
Soft tissue injuries are hard to prove but start with proving negligence. Here are the most common factors affecting your soft tissue injury settlement.
- Proving negligence: Michigan, a no-fault insurance state, uses comparative negligence laws, which means you must prove that the other party was at least partially responsible or at fault for the accident. You must prove four elements to file a personal injury claim for negligence:
- The driver owed you a duty of care.
- The driver breached that duty of care.
- The breach caused your injuries.
- You suffered physical and financial damages due to that injury.
- Extent of your injuries: You can prove the extent of your injuries with evidence like medical expenses, including the following:
- Medical treatment costs
- physical therapy expenses
- surgical fees
- Ongoing therapy fees
- Where applicable, you will also need proof of serious impairment to bodily functions.
- Policy limitations: Under Michigan’s no-fault law, policy limits are essential in personal injury lawsuits. The applicable insurance policy limits will most likely dictate the maximum amount you can receive. In some cases, people have recovered compensation over policy limits.
- Insurance: In addition to policy limitations, the insurance company can influence how much you receive, as they often downplay and even try to discredit injuries to offer the lowest settlement possible or deny your claim.
- Using an attorney: You may be tempted to accept the first settlement offer from the insurance company. However, the first offer is rarely fair to you and may only begin to cover some of your medical expenses and pain and suffering. Studies show that, on average, accident victims with legal representation receive a higher payout. Even after paying their lawyer, victims with representation walk away with approximately three times as much money as people who represent themselves.
Soft Tissue Injury Settlement Examples
- $1 million settlement for a 52-year-old woman in a rural county who broke both ankles and suffered a retrobulbar hemorrhage of her right eye after being struck by a gravel truck.
- Client kept an additional $107,635 with Matz Injury Law’s “22, not 33” guarantee.
- $285,000 settlement on behalf of a 52-year-old woman who suffered from fibromyalgia after hurting her shin resulting from an auto injury
- Client kept an additional $32,291 with Matz Injury Law’s “22, not 33” guarantee.
Related Article: Championing a Lower Attorney Contingency Fee
Why Choose Matz Injury Law
Choosing a skilled Michigan car accident lawyer is crucial for recovering a fair and reasonable settlement. At Matz Injury Law, we listen to you and keep you informed about your case, explain the legal process, and do what we can to help you get medical care without insurance company delays and the compensation you deserve.
We also identify all possible sources of compensation and handle all aspects of your case to give you time to focus on healing. We won’t leave money on the table. We work tirelessly to help you get full compensation for your losses, including medical costs, lost wages, and pain and suffering.
Skilled Representation for Your Soft Tissue Injury Claim
Accident injuries that cause soft tissue injuries are complex, requiring thorough documentation and careful negotiations. Call our Michigan law firm today at 866-22Not33 or submit our online contact form to schedule a free case evaluation.
Frequently Asked Questions
Identifying, diagnosing, and treating soft tissue damage as soon as possible is essential to recovery. If not, the damage can worsen. Long-Term Consequences of Soft Tissue Injuries can include:
- Be long-term or permanent
- Cause discomfort
- Cause loss of range of motion
- Cause difficulty doing normal activities
- Interfere with quality of life
- Damage the nerves and blood vessels
- Cause loss of muscle function
- Cause chronic pain or numbness
- Cause loss of muscle strength
- Interfere with your ability to return to work and do physical activity
- Require time-consuming treatment, including physical therapy and occupational therapy
- Require nursing home care or in-home health aides
Soft Tissue Damage is often diagnosed with an MRI assessment. An MRI can provide a clear cross-image of the injured area and pinpoint the location and type of injury.
If you think you might have soft tissue damage, a standard X-ray will not be able to identify the actual issue. However, X-rays can help show any abnormal spacing between bones, which can be a clue for a soft tissue injury in the area.
Some soft tissue injuries can heal on their own and leave you with minimal problems. How long it takes for these injuries to heal will naturally vary due to several factors, including:
- Health and age
- Type of injury
- Location of injury
However, certain damages, including ligament tears, will likely need surgery and physical therapy to restore their original function.
In some cases, orthopedic surgery might be necessary for a soft tissue injury. Torn muscles, ligaments, and tendons frequently require surgery, as do lesser injuries that continually cause problems. Usually, physical therapy comes after the surgery to build or restore function to normal. Your lawyer can help fight for your settlement to cover all necessary medical expenses from your injuries.
Soft tissue injury insurance claims are among the most difficult to file successfully. Insurance adjusters often try to offer less than you deserve, making pursuing a soft tissue injury claim difficult. Insurance companies look for reasons to reduce or deny a claim, and soft tissue injuries present plenty of excuses for insurance companies, including limited medical records and evidence and claiming soft tissue injuries as part of your medical history.
Thorough documentation after an auto accident is critical for fighting to get a fair settlement. Keep a record of all medical treatments, including the immediate post-accident hospital visit, physical therapy sessions, and follow-up appointments.
According to Michigan code 600.5805, the statute of limitations for personal injuries is three years from the date of the accident that directly caused your injury.
Recent Settlements
$4,150,000 settlement on behalf of the family of a college student who was killed in a traffic crash while riding a motorcycle. The settlement came from three different insurance companies.
$450,000 settlement for an injury sustained while working at a manufacturing facility in Michigan. We were able to get around the workers compensation act exclusive remedy by proving our client was not an employee but instead, an independent contractor.
$3.45 million settlement against a cement company whose truck crossed a center line causing three deaths and severely injuring a 4 year-old boy. The settlement was $450,000 in excess of available insurance.
$1.74 million settlement against a 19 year-old driver and the fraternity where he was drinking immediately prior to a head on collision that killed a 52 year-old husband and father of 3 children.
$1.3 million Federal District Court settlement on behalf of a mother and daughter in a car/truck collision. Mom suffered a pancreas injury but returned to full-time employment within six months; eight year old daughter suffered an aggravation of a pre-existing learning disability as well as a ruptured spleen.
$1 million settlement for a 52 year-old woman in a rural county who broke both ankles and suffered a retrobulbar hemorrhage of her right eye after being struck by a gravel truck.
Matz Injury Law obtained a $1,000,000 settlement for a woman in Northern Michigan who fractured both ankles as a result of being rear-ended by a gravel truck.
A settlement of $3,450,000 for a family who lost loved ones as a result of an inattentive cement truck driver.
$100,000 uninsured motorist settlement (policy limit) for family of passenger killed in Detroit in suspected joyriding incident.
$1 million settlement on behalf of a 60 year-old woman with a mild closed head injury due to County Road Commission negligence.
$950,000 settlement on behalf of the mother of a young boy who died while a passenger in a one-vehicle crash.
$750,000 to the family of a passenger killed in a collision on an icy road.
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