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Overcoming Challenges in Proving Soft Tissue Injuries in Car Accident Claims

Soft tissue injuries are often much more debilitating than others. Rehabilitation for such injuries may take much longer, and proving them in court can be tough. The U.S. Department of Justice estimated an approximate 4 to 5 percent of personal injury cases making their way to trial. Soft tissue injuries make up a very small fraction of that percentage.

Yet, that doesn’t mean proving soft tissue injuries in court is impossible. With a Denver car accident attorney, it is much easier to outline a strategy to get you to trial and help you win your case. However, identifying challenges is necessary.

The challenges identified below can help you prepare for some of the hurdles you may face in the future. Once you have pinpointed some of the probable challenges you can encounter, you can begin to help your lawyers better understand your case.

What You Need to Know About Soft Tissue Injuries

Soft tissue injuries might not sound as serious as fractures, but they can often lead to worse consequences. Research suggests that bones, with much more simplistic structures, heal in a much more reliable fashion as opposed to soft tissue injuries. In a study, open fractures with soft tissue loss were reported to heal slower than open fractures without soft tissue injuries.

Although soft injuries might not reveal themselves on an X-ray, they often take years to heal and have long-lasting effects. One common example is whiplash, a soft tissue injury sustained from the head moving vigorously from side to side during a car accident. This can lead to stiff muscles and pain.

Soft tissue injuries usually affect the ligaments, tissues, muscles, or other connective tissues in the body. This might have you visiting the hospital multiple times in a month, following your car accident. It doesn’t just result in pain but also trauma and rehabilitation costs. Often, it can also mean taking off time from work to recover.

Some common injuries include, but are not limited to;

  • Bursitis
  • Tendonitis
  • Sprains
  • Strains
  • Contusions

You may be entitled to a compensation claim if you suffer injury due to another party’s negligence. However, certain complications can act as hurdles in your journey. Luckily, a Denver car accident lawyer can help!

Challenges in Proving Soft Tissue Injuries in Court

Soft tissue injuries are often hard to explain in court, which is why you may need a Denver car accident attorney. Insurance companies might not be out to get you, but they are definitely on the lookout for people falsely reporting injuries.

This means that their laws for compensation are a lot tougher. In fact, it may be extremely hard for you to get compensation in some cases as there are limited ways to report soft tissue injuries. You cannot prove them through X-rays, and they aren’t that apparent. The only way to prove them is through your doctor.

The insurance company may also attempt to prove that your soft tissue injury results from a pre-existing condition. It is important to look for ways to prove that the accident worsened your condition and caused prolonged physical harm.

Overcoming the Challenges

In some cases, soft tissue injuries may have been sustained in an earlier car accident where the victim brushed off minor symptoms of pain and failed to visit the doctor. It is extremely important to visit a doctor immediately after a car accident and keep a paper trail of all the appointments, as this proof is necessary to fight for compensation in court.

This paper trail can also help you prove that the injury is ongoing and did not cease to exist some weeks after the car accident. Every doctor’s visit, medical bill, and prescription receipt should be saved if you expect compensation for ongoing injuries in the future.

Moreover, keeping a record of the accident and ongoing payments can help you argue that the accident worsened your pre-existing condition. Thus, it should not be linked to your performance before the accident.

Despite overcoming these challenges and receiving compensation in court, you may still not get the amount you deserve. Often, an insurance company may provide you with a small settlement on account of invisible injuries. With the guidance of a Colorado car accident lawyer, you may be able to get fairly compensated.

How a Colorado Car Accident Lawyer Helps

A Denver car accident lawyer would add decades of experience to your claim and strategize according to the regulations and trials they have studied over the years. Moreover, car accident lawyers understand that not every accident is the same. Thus, they study each case uniquely.

An experienced car accident lawyer will take time to learn about you and your case, gather all the documents required to help you win, and raise difficult concerns in court that get you the settlement you deserve.

Often, medical record retrieval is the part that impacts your trial the most. Car accident lawyers know this and can easily retrieve the documents at the right time and strengthen your case.

You can also strengthen your claim by getting medical attention immediately, keeping track of all medical bills, noting all your injuries and treatments in a journal, and contacting an attorney instead of speaking to the insurance company yourself.


Bourassa Law Group can help you get one step closer to the compensation you deserve. Our lawyers are available to answer all their client’s questions in detail, letting them in on the process involved in soft tissue injury compensation.

It is up to you to trust your lawyer and provide them with details that can help them avoid any unforeseen circumstances in court. Be straightforward and answer your lawyer’s questions, as that can help your lawyer build a strong case.

Looking for reliable lawyers? Call 800-870-8910 and book an appointment. Discuss your case with BLG and get solutions for your unique situation!

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