Whiplash & Other Soft Tissue Injuries

Whiplash and soft tissue injuries are very common, and their symptoms often only manifest in the days after an accident. Most people who suffer these injuries run the risk of not being fairly compensated because these injuries are more difficult to prove. As such, many unrepresented injured parties have their claims denied or get pennies on the dollar all because they did not think they needed an attorney, and they simply were not aware that insurance companies have a system in place to take advantage of those who have suffered such injuries. Because of this, you need the assistance of an attorney to ensure than you receive adequate compensation.

The Problem

Make no mistake about it, our attorneys can - and often do - recover fair compensation for our Dallas-area clients who have suffered soft tissue injuries, but these cases are, in fact, more challenging than cases where a client has suffered a broken bone, requires surgery, etc.

The problem with soft tissue injuries stems from jury perception in Texas and the insurance company's ability to take advantage of that phenomenon. Dallas juries in this day and age are skeptical of soft tissue injuries. We can all imagine the stereotypical injury faker sitting on the witness stand wearing a neck brace and pretending that his injuries are worse than they actually are. Juries will probably see you in the same light, by default, until your attorneys overcome that perception with facts and medical evidence. An unrepresented plaintiff (referred to as a pro se litigant) is at a tremendous disadvantage in several key ways:

• An unrepresented plaintiff has to deal with an insurance claims adjuster who will take advantage of the fact that juries are inclined toward smaller awards for soft tissue injuries, unless a skillful attorney persuades the jury otherwise.

• An unrepresented plaintiff will probably not know how to use the rules of evidence in order to provide the court with useful data. Most non-attorneys believe that they can simply show up to court with medical records in tote and the jury will be privy to the information contained therein. On the contrary, Texas has very specific rules with regard to the admissibility of evidence and an unrepresented plaintiff will have little chance of ever even getting their medical evidence into court. Most attorneys spend years learning the ropes with regard to admissibility of evidence.

• An unrepresented plaintiff will not have the resources to contract a testifying expert witness (typically a doctor) to testify on their behalf, and even if they do, they will probably not know how to properly have such a physician designated as an expert so that their opinion can be delivered to the court.

The Solution

By hiring a Dallas attorney to help you with your whiplash or soft tissue injury case, you will not only benefit from someone doing all of the work for you so that you can simply focus on recovery, you will also benefit from being associated with your lawyer's reputation. Most people vastly underrate the significance of such an asset, but it is important to have an attorney who can prove to the insurance carrier that he or she can beat them in court. This gives your case the leverage that it needs so that you avoid court and can settle your case for a truly fair amount.

What is Whiplash?

Whiplash is considered a range of injuries commonly occurring around one's neck. Whiplash injuries occur most often in car accidents when one is rear ended, which causes the neck to move forward suddenly and then snap back. A common misunderstanding in relation to whiplash is that they only "actually" occur when vehicles are involved in high speed collisions. This is false. While whiplash does commonly occur in high speed collisions it is also very commonly caused during low speed and low impact collisions as well. Several factors can contribute to ones likelihood of suffering from whiplash such as your seating position, your height, and the type of vehicle that was involved.

Another common misconception about whiplash (and soft tissue injuries in general) is that it is not a serious injury. Almost every form of medical evidence refutes this misconception. Soft tissue and whiplash can be especially dangerous because they often go undetected for an extended period of time, causing their severity to increase.

What are Common Whiplash Symptoms?

People who suffer from whiplash often suffer from headaches, neck pain, dizziness, blurred vision, and regular back pain. If you experience these symptoms it is important that you seek medical attention for your injuries. Not going may only increase your level of pain, and decrease your possible recovery (as you are required to mitigate damages).

Soft Tissue Injuries

Injuries to muscles, ligaments, and tendons are considered to be soft tissue injuries. These types of injuries are often considered non-dangerous; however this is not the case. Soft tissue injuries are especially dangerous because they are often not detected by x-ray machines, and doctors may believe that nothing is wrong even though you may be experiencing pain. If found at an appropriate time, soft tissue injuries can be treated effectively. While surgery may be necessary for treatment in certain extreme situations, these injuries are often treated with less invasive treatment such a physical therapy. Lumbar sprains, lower back injuries, joint injuries are also common areas of where injuries that do not come up very often on X-ray machines. These injuries, like soft tissue injuries, can still be painful and cause problems that arise from the initial traffic accident.

Trouble with Soft Tissue Injuries

Soft tissue injuries are difficult to prove without the assistance of a skilled and experienced attorney. Insurance companies will try every trick in the book to show that you were not injured and that you are just faking pain in order to gain a larger recovery.

Don't let them step on your rights. The Dallas attorneys at Grossman Law Offices have helped thousands of clients just like you recover the damages they deserved as a result of their injuries, we can help you too. Call 1-855-326-0000 to schedule your free consultation and discuss the merits of your case.

By E. Michael Grossman

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