Why Is It Difficult to Prove Soft-Tissue Injury Claims?

Why Soft-Tissue Injury Claims Can Be Difficult to Prove

It’s not uncommon for people to think that an injury they cannot see is not that serious. People think if a broken bone isn’t among your injuries, it can’t be serious. The reality is a soft-tissue injury can be just as debilitating as a bone fracture, even if it seems invisible from the outside. Soft-tissue injuries can even have lasting effects that inhibit motion and cause the victim significant pain for a longer amount of time than it takes to heal from a broken bone.

Clearly, soft-tissue injuries can cause pain and distress for victims, so why do insurance companies frequently undervalue or deny claims like these? In this blog, we discuss some of the reasons why this happens and outline a strategy to help you navigate the challenges of pursuing a soft-tissue injury case.

Common Soft-Tissue Injuries and Causes

A soft-tissue injury refers to any injury to ligaments, tendons, muscles, or any other connective tissue throughout the body. These injuries can result from a single accident, or they can result from years of wear and tear. Some common causes for soft-tissue injuries include:

Car accidents
Motorcycle accidents
Slip and falls
Incidents caused by a defective product
Medical malpractice
Truck accidents
Bicycle accidents
Pedestrian accidents

Someone who has suffered a soft-tissue injury because of someone else’s negligence, recklessness, or wrongdoing may be entitled to financial compensation through a negligence claim. Maryland law dictates that every citizen and entity is required to take reasonable precautions and refrain from engaging in activities that could be harmful to others. Negligence takes place when someone fails to exercise reasonable care and causes another person harm.

Most people have heard of whiplash, which is a common soft-tissue injury that frequently results from car accidents. When the head moves vigorously from side to side such as when a person is in an accident, it can result in pain and stiffness in the neck and shoulders. Some other common soft-tissue injuries include:

Sprains
Strains
Tendonitis
Contusions
Bursitis

Insurance Companies and Soft-Tissue Injury Claims

Many people may not realize the top priority for most insurance companies whenever anyone files a claim — to deny or undervalue a claim however they can. When you understand an insurance company’s true motives in these cases it becomes clear why these claims can be difficult to prove. In the event of a soft-tissue injury claim, insurance adjusters may feel as if they have a built-in excuse to deny your claim since it is an “invisible injury”. Essentially, these injuries cannot be verified in the same way that broken bones or other physical injuries can be. A soft-tissue injury will not appear on an X-ray exam, so the only information to work with regarding the severity of your injury is what you report to your doctor.

It’s important to keep in mind that on some level, insurance companies have to keep an eye out for people who are exaggerating or lying about their injuries in order to receive a payout. Some people believe they can play the system and receive compensation for a soft-tissue injury when they have not sustained any injury at all. It is perhaps for this reason that insurance companies do whatever they can to deny or undervalue a claim. However, this means when you have suffered such an injury, you have to work that much harder to prove it.

How To Strengthen Your Soft-Tissue Injury Claim

Regardless of how hard insurance companies fight you on it, there are still some ways in which you can strengthen your claim and increase the chances of receiving the maximum settlement. Some of these strategies include:

Seeking treatment right away
Limiting statements you make to the insurance company
Keeping a journal of your injuries and symptoms
Following the treatment plan set by your doctor
Speaking with an attorney as soon as possible

Contact an Attorney Right Away

Overcoming the hurdles that soft-tissue injury cases present can quickly become overwhelming. Don’t try to navigate these situations alone, here at Zirkin and Schmerling our Maryland personal injury attorneys prioritize our clients and make sure they understand the steps in the legal process. We pride ourselves on working closely with our clients to ensure they receive the compensation they deserve in soft-tissue injury cases.