SETTLEMENT VALUE OF SPRAINS & SOFT TISSUE INJURIES

Valuing Soft Tissue Injuries in Accident Cases

A “soft tissue” injury is an injury that causes damage to the muscles, ligaments, tendons and surrounding tissue. Soft tissue injuries cause swelling, pain and bruising, but no permanent damage. The most common type of soft tissue injuries in auto accidents include: sprains; bursitis; tendinitis; and contusions. Sprains are by far the most common type of soft tissue injury that you see in auto accident cases. 80% of soft tissue injuries in tort cases are sprains. The settlement value of sprains and other soft tissue injuries depends on the grade of the sprain and the location of the sprain.

Factors Impacting the Settlement Value of Sprains & Soft Tissue Injuries

The potential settlement value of soft tissue and sprain injuries in an accident case is driven by 2 primary factors: (1) severity; and (2) proof of fault.

Severity: If the victim suffered a more severe injury, leaving them without the ability to work or function for an extended period, the value of their case will be higher. Alone, soft tissue injuries have a limited settlement value because they don’t require much medical treatment. However, if the injury is combined with others from the accident that requires extensive treatment, it can add value to the case. Whiplash typically goes away within a few weeks. The healing process can often be achieved simply with pain medication and exercise. While other victims may experience lasting chronic symptoms.

Proof of Fault: Like most legal causes of action proving who was liable for your injuries can mean the difference between success and failure. A victim’s case may be worth much more if the defendant was clearly at fault for the accident. By contrast, if there is a valid doubt as to who was at fault for the accident, the case will be worth much less.