Case went to trial, with a jury verdict of $75,000. Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from theState Bar of California. Instead, the other party or the other cause of the injury will be the one to pay compensation for the medical bills such as cervical spine injuries, x-rays, physical therapy, and other medical treatment needs. This includes strains and sprains in the neck, upper back and lower back. For instance, a computer may generate $10,000 as the initial offer and then double or triple the amount while giving the second offer. The sudden impact from behind results in a jerky motion to create a whipping movement that can cause your neck injury. As mentioned above, computer-generated offers are not perfect as they ignore many factors that should play a role in determining your settlement. If employees, especially drivers, cause soft tissue injury without their fault as the fault driver, then the settlement procedure will be affected. Treatment for contusions includes rest, ice, compression, and elevation (R.I.C.E.). Analysis of 31 cases. Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles(CAALA), theLos Angeles County Bar Association(LACBA), theState Bar of California, theAmerican Bar Association (ABA), and the American Association for Justice (AAJ). Right after the case report, lawyers need to reserve the PIP or Personal Injury Protection benefits for the lost wages and medical treatment except for the plaintiff. the extent of the injuries,; the degree of fault on the part of the other party, and; the amount of insurance coverage available. What is the Insurance Companys View on Soft Tissue Injuries? Mr. Benyamin has personally helped his clients recover over $10,000,000 in vehicle accident insurance claims in the State of California. Soft tissue damage happens when you suffer trauma to your tendons, ligaments, and muscles. Her per diem is $192 x 30 days for a total of $5,760 for her pain . How you can prove your case and maximize your soft tissue injury claim in court. The MCL is also known as the medial collateral ligament and is located in the inside of the knee. A grade 3 injury is the most severe and means a very long recovery outlook which will be followed with injections to control inflammation, long periods of immobility and rest as well as the need for longer physical therapy and potentially invasive surgery. The settlement of your medical bills depends on: Means used in taking you to the hospital (helicopter, ambulance, or any other means). Soft tissue cases can be worth more than this. No recovery no fee guarantee includes a promise that if there is no recovery, our law firm will cover the case costs on your behalf. In cases of a minor car accident settlement, you can receive pain and suffering compensation. Usually, insurance companies as entities are not predictable, understandable, logical, or fair, but their adjusters are just ordinary, friendly people. It is likely to fall somewhere between $14,000 and $28,000. These cases require this to be shown in a strong manner because it will affect the likelihood of you winning your case and getting the settlement that you deserve. The most common method of calculating pain and suffering damage is multiplying the economic damages like lost earnings and medical bills by a multiplier ranging from1 to 5 depending on the severity of the injuries. This can be a treatment on its own, or in conjunction with surgery. ; Some neck and back injuries are minor and often settle for around $10,000.If the back or neck injuries were severe, debilitating, or paralyzing . Settlement for a client who was injured in an automobile accident while on the job when another driver ran into the rear end of his vehicle while stopped in traffic. Each one of the muscles that runs throughout the body attaches to one or more bones using a fibrous material known as tendons. Below is a list of Settlements and Verdicts obtained for clients since 2012 only: $9,000,000 CAR ACCIDENT For two clients badly hurt in a tractor-trailer accident. Soft-tissue injury management and flap reconstruction for mangled lower extremities. Copyright 2023 attorney advertisement by Injury Advocates Group and licensed, practicing attorney Ray Benyamin, Esquire. He has been practicing law for 10 years. Green, N. D. (2003). A torn ligament can mean knees, wrists and ankles are weakened due to the very muscles that hold them together becoming damaged in what can be traumatic manners. Expansion 0.36-0.72 inches 0.4-0.76 inches. You can also show the insurance company that you have a strong case by securing the testimony of a competent medical professional who has experience treating patients with soft tissue injuries. This list only describes the minimum amount of money that an insured driver is required to have in the state of North Carolina. For instance, an injury that requires minimal treatment and recovery time will average roughly $25,000. However, this will mainly depend on the personal injury lawyer you involve and the evidence you table before the case. Bruises (contusions) and abrasions fall under the category of soft tissue injuries as well. And so, it is essential to seek and rely on the legal services of lawyers from a law firm with quality, experience, and expertise in the field. Soft tissue will include: Your question now may be whether or not you have a soft tissue injury after your car accident. While many cases end with a low settlement filing for soft tissue injury claims could still be worthwhile. This means that if you approach them well you stand a chance to win a fairer settlement even with the tough strategies adopted by these companies. $300,000 verdict for a woman in a car accident who sustained disc herniations, required surgery and experienced a 60% loss of range of motion in her neck. Inflammation of discs can lead to pain and numbness. Moreover, to effectively win a soft tissue injury settlement for medical expenses and medical bills from the insurance company's coverage for injury cases, here are the following things to follow with a lawyer in court: There must be evidence such as statements of the witnesses, photos, and others as long as it speaks of liability about the soft tissue injury and other details about the injury cases. Here is a list of some common injuries people suffer: Whiplash - This is the most common injury in a rear end accident. Most of the claims involved of automobile accidents. This means incredibly low initial offers on settlement and refusal to go higher than these low amounts with cases sent straight to litigation with the insurance companys attorneys. The soft tissue cases and damage can be classified into two classes: non-economic and economic damages. Tom Fowler Law Firm takes every victims injuries very seriously and are dedicated to getting you the money and justice that you and your family deserve. Usually, insurance companies like keeping the information on using Colossus to calculate soft tissue injuries for your settlement a secret. To provide employees and other individuals with more understanding of the car accident settlement from insurance companies, read the following factors that might affect their soft tissue injury settlement process. Moreover, the companies are also adopting strategies that frustrate personal injury attorneys while ensuring you get an unfavorable compensation. One common misconception people have about car accident injuries is that your vehicle needs to be traveling at a minimum speed in order to for your injuries to be considers legitimate. But before anything else, the insurance company will do a comprehensive review of all the medical documents of the injured victim. He endured very serious injuries to both his shoulders and his spine. They produce growth factors that assist in repair and regeneration of tissue. My total medical bills are close to $8000. Safer, V. B., Safer, U., & Kaya, L. (2016). If the employees caused a lot of soft tissue cases and damages despite being the victim of soft tissue injuries, the soft tissue damages caused could be covered by the compensation of the insurance company. Lipomas after blunt soft tissue trauma: are they real? Lastly, the amount of the settlement can be as low as $2,500 to $350,000. Some signs and symptoms of soft tissue injuries include: Pain - Degree of pain may vary according to the severity of the injury. Plaintiff received compensation for medical damages close to $100,000.00 and was also able to recover losses incurred for both economic and non-economic damages suffered during the accident as well as for future losses as well. My lawyer seems to think that $12-$15,000 is a fair settlement for a soft tissue case, and is pressuring me to consider settling for that amount. Prior results do not guarantee similar outcomes. In 2004 the minor injury cap was $4,000 and that has moved up due to inflation to $5,365 in 2021, a 1.3% increase from 2020. In this way, the plaintiff can be at fault for the car accident, even if it is minor. Instead, the other party or the other cause of the injury will be the one to pay compensation for the medical bills such as, Settling concerns such as a soft tissue injury while expecting a full car accident minor claim, pain treatment, client or defendant win against the plaintiff requires legal help from a lawyer or. Serving nationwide in all 50 states on a case-by-case basis with a national network of relationships and on a Pro Hac Vice basis. $800,000 Defective Product and Defective Design - Personal Injury North Carolina's mandatory minimum insurance requirements include liability insurance of at least: $25,000 for bodily injury to or death of one person, $60,000 for bodily injury to or death of more than one persons $25,000 for property damage in any one accident Supplemental uninsured motorist How Do Car Accident Settlements Work in North Carolina? The appointment can be both pre and post-check-ups that the compensation from insurance companies will also cover. Some of the most common symptoms which may indicate that you have a soft tissue injury are: It is important however to know that you need prompt medical care and assessment to know what injury you have and exactly which soft tissue injury your car accident has caused you to sustain so that there is concrete documentation. When it comes to soft tissue injury claims, many insurance companies are usually skeptical and have ranges of the amount that are willing to pay for a claim on this type of injury. Impairment, a "loss", reflects failure to prevent an injury or illness and/or to restore function Goal is an accurate, unbiased assessment of impairment via efficient means - assuring valid and reliable definition The Sixth Edition uses the World Health Association (WHO) most current Since these kinds of injuries can affect almost all parts of the body, many symptoms exist that you will likely feel. Whiplash, also called neck sprain or neck strain, is a soft tissue injury to the neck. This will help criminalize the plaintiff and provide the value for pain as the victim was there and the plaintiff was at fault. In short, who your lawyer is makes a big difference. Soft Tissue Injury Average Settlement Examples. Since these kinds of injuries can affect almost all parts of the body, many symptoms exist that you will likely feel. It can be by the lifetime-long suffering and pain that no one in this world deserves. Not every soft tissue injury results in low compensation. It just means its more challenging to show medical evidence that you are indeed suffering. JAAOS-Journal of the American Academy of Orthopaedic Surgeons,19(6), 359-367. In 2004, the Alberta government introduced the Minor Injury Regulation, a $4,000 cap on soft-tissue injury payouts for things like whiplash or strains, in an effort to keep insurance rates affordable. Statistics show that the average amount for a workers' compensation settlement is around $20,000, but there is quite a bit of variability in that figure and quite a few disclaimers that go along it. The man alleged negligence against the at-fault driver. With cases of fraudulent claims in the past, proving legitimate claims has also become difficult. As a result of being rear-ended, plaintiff suffered soft tissue damage to her cervical tissue resulting in the need for medical treatments. Consequently, accident victims who suffer a minor strain or sprain that keeps them from work for a day or two are likely to get a smaller settlement than a person who suffers a permanent disability. The adjusters are allowed to make only one additional offer before these files are sent to defense counsel. It is possible that if a high concentration of platelets is applied to an injury, healing may progress faster. It must be evident that the soft tissue injury and soft tissue cases caused pain, suffering, and a negative impact. Of all the types of soft tissue injuries caused by car accidents, whiplash is one of the most serious. This is untrue, since many, low-speed accidents often result in legitimate soft tissue damage. The driver or defendant who isnt found guilty of the injury will be released and will not pay any compensation.