Legally reviewed by:
Daniel Smith September 20, 2024
The National Highway Traffic Safety Administration reports that 28% of all reported crashes in 2022 caused injuries. That is almost one out of every three crashes, meaning a car crash will likely cause injury.
Of the many injuries that may result from a crash, soft tissue injuries – injuries to muscles, tendons, and ligaments – are very common. Since most accidents will cause the driver or passengers in a vehicle to suddenly strike other objects within the car, the impact from that collision between driver/passenger and object could easily damage soft tissue.
Soft tissue injury is also likely when an accident causes drivers or passengers to be thrown around.
If you’ve suffered injury from a car accident, it is likely to be a soft tissue injury. So, you'll likely wonder how much compensation you can get for your soft tissue injury. We answer that in this article and advise on the steps to take after an accident to ensure your compensation.
Average Settlements
The average settlement for soft tissue injuries from car accidents is $23,000. This amount is constantly changing and difficult to determine since settlements are not always public. Still, it can be reasonably estimated by considering some factors.
First, the National Safety Council reports that 5.2 million medically consulted injuries resulted from accidents in 2022 (the most recent year of reporting). These injuries were estimated to cost $481.2 billion.
Assuming all costs are successfully recovered, the average will be approximately $92,000 per injury; however, total costs are not always recovered (especially when claimants negotiate without a lawyer), and a few severe accidents will cost more than commonly occurring, less expensive accidents.
In 2017, Nolo readers participated in a survey that showed the average settlement to be $52,900. However, crash victims who suffer ordinary simple tissue injuries will likely receive less than the average since, even in the Nolo survey, only 26% of readers received above $25,000. Furthermore, fully treating most soft tissue injuries will typically cost between $5,000 and $40,000.
Lawyers who negotiate settlements for soft tissue injuries will likely attempt to combine the cost of medical expenses with others like lost wages to secure a higher overall settlement. But when the claim is solely compensation for soft tissue injury, the average settlement will be ~$23,000.
How the Average Settlement Can Vary
Some factors will affect a car soft injury victim's actual settlement, causing settlements for different victims to vary. Some of these factors are:
Type and severity of injury
The more severe the injury, the higher the settlement. If the injury suffered was only a mild ankle sprain that healed in a few days, the settlement you receive will be less than if you had suffered a muscle tear that requires surgery and will take longer to heal.
Medical expenses
Medical expenses will, naturally, vary depending on the severity of the injury. Soft tissue injuries that cost more to treat will likely result in a higher settlement amount.
Evidence
If you have enough evidence to show that the accident caused your soft tissue injury, you have better chances of securing a higher settlement. Good and strong evidence must also include a detailed record of medical expenses.
Legal representation
Surveys have shown that claimants getting legal representation for an injury lawsuit or negotiating with an insurance company get more settlements. A recorded correlation exists between how soon a claimant gets legal representation and higher settlements. This means that you might get more than the average settlement with good attorneys.
Lost wages
If the injury requires you to be out of work and unable to earn money for a longer period, it will attract a higher settlement. The typical indicator of lost wages is the time needed to reach maximum medical improvement (MMI) - the stage at which you cannot further heal from the injury.
If you are back to being whole after reaching MMI, then lost wages will only be the amount you lost before recovery. However, if, even after MMI, your earning capability has been diminished, any settlement should compensate for your loss in earning ability.
Most Common Soft Tissue Injuries
The most likely soft tissue injuries that may be caused by a car accident are:
Bruising or contusions
Bruises are the most common soft tissue injury. They can happen when any part of your body forcefully strikes a blunt object, which is common in car accidents. The blow damages the muscle or other tissue, but these injuries are usually not threatening.
However, if the blow was around a vital organ, it could threaten that organ. So, it is still essential for medical professionals to examine the bruises. The prominent symptom of a bruise is skin discoloration.
Sprains/Strains
Sprains and strains are other common soft tissue injuries. While they are, to an extent, similar and easy to confuse, there are slight differences that distinguish both. Sprains are when tissue connecting bones (ligaments) is stretched or torn, while strains occur when muscles or tendons (tissue attaching muscle to bone) are stretched or torn.
Sprains and strains can affect your knees, ankles, and hamstring. If they are not very serious, you may recover with enough rest. However, severe cases could require surgery and physical therapy.
Whiplash
Whiplash is a neck injury caused by being forcefully thrown forward and backwards. It is most common in rear-end collisions. Whiplash damages the muscles and tendons in the neck, causing pain or stiffness.
It may also heal with rest and ice compression, like strains and sprains. However, if you feel discomfort around your neck after an accident, it is best to consult a medical professional.
Rotator cuff injury
The rotator cuff is a group of muscles and tendons that enable shoulder movement. A direct impact to the shoulder or an overstretched arm in an accident could damage these muscles and tendons. Whiplash may also affect the rotator cuff.
When rotator cuff injuries are severe, they may require surgery.
Herniated disc
A herniated disc is when a car crash significantly impacts the back, and the substance inside the spinal discs is forced out, causing pain, tingling, and irritation to the spinal cord. While not as common as the rest, this is one of the most severe and requires delicate handling.
A herniated disc may not be evident for weeks and months after an injury. Since it can only be diagnosed with an MRI, it is likely that one suffers this injury and accepts settlement before it is discovered. Hence, it is advisable to undergo a full-body checkup after an accident, if possible.
Herniated discs could require extensive specialist treatments, which are usually very expensive. Therefore, compensation for this is above average.
What to Do If You’ve Been Involved in A Car Accident
We mentioned earlier that to ensure quick and optimal settlement after a soft tissue injury, there are certain things that you should do. They are:
- Stop: If you’re involved in an accident, you should stop at the nearest safe place to park if you can still operate the vehicle after the accident. If not, you should stop at the scene.
The duty to stop is legally required in almost all states. In Colorado, Colo. Rev. Stat. § 42-4-1601 requires drivers involved in an accident to immediately stop at or as close to the scene as possible. Vermont’s Vt. Stat. tit 23, § 1128 similarly requires operators of vehicles resulting in injury to stop immediately.
- Check for injuries: Soft tissue injuries are not always visible to the human eye, and the adrenaline release that can happen during stressful situations like car crashes could numb the pain from them. Hence, this step is important.
After the accident, you should see if you can move fine. If you can move, get out of the car, walk around, and take deep breaths to calm down. Finally, examine your body by looking and touching as much as possible. If you experience any discomfort while examining, investigate the discomfort carefully.
If you cannot move some parts of your body, stay still and try not to panic. However, if you can reach or operate your phone, call 911.
- Call the police: If, after examining yourself, you find out that you have suffered any injury or there has been significant property damage, call the police. Some states (like Michigan in Mich. Comp Laws § 257.622) require that local law enforcement be immediately informed of accidents resulting in death, injury, or property damage beyond a certain threshold.
However, in states like South Carolina (S.C. Code § 56-5-1210), you may not have to call the police to the scene.
If the police arrive, find out how to obtain a copy of the police report. If you need to be transported to a hospital immediately, they should be able to assist by requesting an ambulance or asking the other driver to take you.
- Exchange information: While waiting for the police to arrive, you should exchange information with the other driver if you can. This is also required by law.
In Maryland, Md. Code, Transp. § 20-104 requires drivers to exchange names, addresses, and vehicle registration numbers. Similarly, Oklahoma’s Okla. Stat. tit. 47, § 10-104 asks drivers to do the same and exhibit their driver’s license if it is requested.
If any other party is severely injured and cannot move, you should remain on the scene and provide necessary assistance, such as carrying the person or calling emergency services.
This requirement is also contained in the laws of most states, e.g., North Dakota’s laws in N.D. Cent. Code § 39-08-06 and West Virginia’s in W. Va. Code § 17C-4.
You should take videos and pictures of your injuries and the damage your vehicle suffered at the accident scene. Also, take photos of the damage to the other driver's car or whatever you believe has contributed to the accident if you are the only driver involved.
- Medical checkup: If you didn't go to the hospital immediately despite your injury, you should go as soon as possible. If you have suffered a visible injury, endeavor to get treated. If you haven't suffered a visible injury but feel discomfort in any area of your body, go to the hospital and request a full and extensive checkup.
- Document every step: Keep records of every aspect of your treatment, from the diagnosis to procedures and medication. Request copies of your prescription and preserve receipts.
- Legal representation: As soon as possible, secure the services of an experienced personal injury lawyer close to you. At this stage, your lawyer will evaluate the situation to determine if you need to file a police report (assuming the police didn't investigate the accident), report the accident to the DMV, and how best to present your insurance claim.
Getting a lawyer as soon as possible will help you avoid mistakes that could later result in the devaluation or denial of your settlement.
- Inform insurer: You should inform your insurer of your accident as soon as possible. Most insurance policies require you to do this within a specified time (usually 30 days), but as a general rule, the earlier, the better.
Subsequently, under legal advice, you will make a third-party or first-party insurance claim or sue directly if the government’s negligence caused the accident.
How The Accident Helpers Can Be of Assistance If You’ve Sustained Soft Tissue Injuries from A Car Accident
The importance of a lawyer cannot be overstated if you intend to successfully receive the settlement you deserve for a soft tissue injury. With proper legal guidance, you can properly account for the damages you've suffered, avoid insurance companies' loopholes to devalue your settlement, and claim appropriately.
At The Accident Helpers, we connect you to the expert legal help you deserve, and we do it for free. Simply contact us to speak with one of our accident consultants, and after discussing your case with you, our consultant will help you secure the best possible attorneys in your vicinity.
Contact us today! It’s free.
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