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Soft tissue injuries are like feelings -- they're real and they hurt but they can be invisible and not everyone believes in them. For these reasons, proving this kind of injury can be difficult, or more difficult than a more obvious type of harm, like a broken leg.
Still, people do recover legal remedies for soft tissue injuries every day, so it is not at all impossible to get compensation for your damages after an accident. Let's look at proving negligence in the context of this type of claim.
Soft Tissue Injury
Soft tissue injury refers to damage to soft areas of the body, like ligaments, muscles, and tendons. A hard tissue injury, by contrast, refers to a broken bone or damage to a hard area of the body.
While a soft tissue injury can seem less traumatic on the surface — who wouldn’t prefer a strain to a break? — this kind of harm can last a long time and cause discomfort and make everyday duties difficult. Sprains, strains, and contusions in soft tissue do not always manifest immediately after an accident but the pain can last for years, which is why people seek to recover damages for their invisible injuries.
In brief, negligence is proven by showing that a person who owed you a duty of care fell below the standard required and breached that duty. If this breach is the cause of your injury and you suffer compensable damages, then you can recover for medical expenses, pain and suffering, lost wages, and more.
But how do you prove you are truly sore if your injury is invisible? You will need to show medical records, evidence of having sought treatment and received a diagnosis. You can also support the claim with testimony, or affidavits.
You may ask people who know you to speak about your limited mobility since the accident. You may also seek expert testimony to support your claim and explain to jurors the significance of your injury. A medical expert may testify about soft tissue injuries at trial, so that the jury better understands the harm in the way the medical community does.
Although proving soft tissue injury may be more difficult than proving a broken leg, these types of claims are very common after car accidents. The force a vehicle exerts during a crash can cause a lot of damage to the human body, some of which may not register immediately.
The most common soft tissue injury is whiplash, officially known as cervical strain or sprain, or hyper-extension injury. As the official names indicate, whiplash happens when the body is strained or overextended in some way, causing damage.
Whiplash is interesting because it illustrates the mysterious nature of soft tissue injury, and how dangerous this damage can be. Sometimes whiplash isn’t felt immediately after the accident but over time can manifest in stiffness, neck pain, back problems, and most alarmingly, cognitive issues.
If you have been in a car accident and experienced an injury of any kind, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.