It is not possible to determine an average settlement for a soft tissue car accident. One cannot be calculated because each victim negotiates a settlement based on their unique case and the extent of the damages they suffered. Therefore, your claim could be dramatically different from another person who also suffered only soft tissue injuries in a crash.
You might want to consider partnering with a car accident attorney to get a good idea of your case’s worth. They not only can value your case but also navigate the claims process for you and negotiate a just settlement based on that value. Many represent clients based on contingency. You should not need to pay any upfront fees.
Whiplash Is a Well-Known Soft Tissue Injury in Car Accidents
One of the most common soft tissue injuries suffered in traffic accidents is whiplash, which affects the neck, upper back, and shoulders. Whiplash occurs when the neck extends beyond its normal range of motion, often because the head whips back and forth in a rear-end crash.
While most whiplash cases heal on their own with conservative treatment over a few weeks, some people develop chronic pain despite showing no outward signs of lasting soft tissue damage.
It Can Be Difficult to Calculate the Value of Your Whiplash in a Claim
Whiplash injuries often are challenging to document because they are not apparent on medical imaging exams, making it difficult to calculate a value for the pain and suffering you experience.
However, a car accident lawyer has experience assisting whiplash victims with their insurance claims, gathering evidence of their medical bills, and placing a value on their intangible losses.
For a free legal consultation, call (800) 537-8185
What Factors Affect the Potential Settlement Value of My Claim?
Many factors influence the value of your car accident settlement beyond the type and extent of the injuries you suffered:
- Your medical needs and treatment costs
- Whether you will need future care for your injuries
- Lost income from missing work
- Whether you can return to your previous job
- If you can work at full capacity despite lasting effects
- The damage to your vehicle and cost to repair
- The strength of the evidence to support your claim
- If the other driver acted intentionally or with extreme recklessness
- The negotiation tactics employed by you or your attorney
- State laws that cap certain types of damages
What Role Does Shared Fault Play in Settlement Value?
When you contributed to causing the accident or your injuries somehow, shared fault can affect your settlement. Most states allow you to pursue damages if the other driver was primarily at fault. However, those states reduce your potential recovery proportionate to the responsibility assigned to you.
In Alabama, the law is different. It is one of four states that bars you from recovery if you contributed to your accident in any way. The Alabama Supreme Court affirmed this common law rule in its 1980 Golden v. McCurry decision.
Do I Have to Hire a Law Firm to Get a Settlement?
You don’t need an attorney to negotiate a settlement, but hiring one would help you understand the legal process, what to do, and how much your case might be worth. With a lawyer on your side, you will not have to worry about navigating the claims process. A personal injury attorney will:
- Gather evidence
- Identify the liable party or parties
- Value your case
- File your claim
- Negotiate with the insurer
- Decide if suing the at-fault driver is necessary
Every state has a deadline for suing, and some are shorter than you likely realize. For example, Louisiana only provides victims a year to begin this process under La. Civ. Code Art. 3492. Some details of your case could reduce this time even further. Your attorney can help you understand how quickly you must act.
Understanding Soft Tissue Injuries and Their Treatment
According to the American Academy of Orthopaedic Surgeons (AAOS), most soft tissue injuries affect muscles, tendons, and ligaments. In a crash, almost any body area can suffer a sprain, strain, or contusion. In most cases, these are relatively minor injuries that take time to heal but often heal completely with no lasting effects.
Doctors usually prescribe these conservative treatment options after an examination and medical imaging rule out a more serious injury:
- A boot or brace, in some cases
More severe injuries or those that do not heal properly could require ongoing pain management, physical therapy, or even surgery.
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Morris Bart, LLC Fights to Protect the Rights of Gulf South Accident Victims
The Morris Bart law office will discuss your legal options for compensation after a soft tissue car accident injury. We are a contingency fee law firm that stands ready to help victims get the justice they deserve. The states we serve include Alabama, Arkansas, Louisiana, and Mississippi.
Call (800) 537-8185 today to speak with a team member about how you can get started.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.