Soft tissue injuries are common in personal injury cases. Unfortunately, insurance companies often downplay these injuries and undervalue the victim’s damages. If your doctor has diagnosed a soft tissue injury, you might want to consider working with an experienced Lake Charles personal injury lawyer to ensure you are not treated unfairly by the insurance company.
What Are Soft Tissue Injuries?
Soft tissue refers to many of the structural components of the musculoskeletal system. It does not include your bones but rather your:
- Muscles
- Ligaments
- Tendons
- Fat tissues
- Synovial membranes
- Connective tissue
- Fascia
Many soft tissue injuries heal over time with rest, ice, compression, and elevation (RICE protocol). However, some soft tissue injuries might require more intensive treatment. A physician should evaluate all soft tissue injuries to ensure the correct treatment plan is prescribed to reduce complications or permanent harm.
What Causes Soft Tissue Injuries?
There are several ways you can sustain a soft tissue injury. The most common causes of soft tissue injuries include:
Blunt Force Trauma
Blunt force trauma happens when an object strikes the soft tissues, such as something falling on you or hitting you. It does not penetrate the skin, but the force of the strike damages the soft tissues underneath the skin. Another source of blunt force trauma is when the body strikes an object.
Penetrating Injury
An object entering the soft tissue can cause severe damage, including bleeding and tearing. Severe cases can result in tissue death. The penetrating object usually comes from outside the body, but fractured bones can also tear and damage soft tissues.
Stress Injuries
Stress on the body can cause soft tissues to exceed their capacity. As a result, the soft tissues stretch and tear.
An example of a stress injury would be whiplash. The sudden, forceful movement of the head back and forth stretches and damages the soft tissues in the neck.
Repetitive Stress Injuries
Small, repeated stresses to the soft tissues can damage them over time. Overuse causes damage to the soft tissues that cannot heal because of repeated stress. Repetitive stress injuries are common in workplaces.
What Are Some Common Types of Soft Tissue Injuries?
There are many different types of soft tissue injuries you can sustain. Common soft tissue injuries seen in personal injury cases include:
- Sprains caused by torn or overly stretched ligaments can cause swelling, pain, bruising, and limited range of motion.
- Stains occur when tendons or muscles are torn or overly stretched, causing muscle spasms, swelling, pain, and weakness.
- Tendinitis and bursitis are common overuse and repetitive stress soft tissue injuries.
- Torn cartilage lining the joints can cause inflammation, pain, and limited joint motion.
- Contusions (bruises) occur when a direct blow or repeated blows damage soft tissues without breaking the skin.
If another party’s conduct caused your soft tissue injury, you could be entitled to compensation for damages. The compensation you receive depends on the type of claim you file.
How Does Louisiana Workers’ Compensation Work for Soft Tissue Injuries?
If your soft tissue injury results from repeated stress motions at work or an acute trauma at work, your injury should be covered by Louisiana workers’ compensation. If so, you should receive workers’ comp benefits, including medical care and loss of wages benefits.
However, workers’ compensation does not compensate you for all loss of income and out-of-pocket expenses. Injured workers also do not receive any compensation for pain and suffering damages through a workers’ comp claim.
A Lake Charles personal injury lawyer can review your case to determine if you have a third-party personal injury claim. A third-party claim could result in additional compensation for a soft tissue injury sustained at work, including both economic and non-economic damages.
If your soft tissue injury was caused by intentional torts or negligence, you can sue the party who caused your injuries under Louisiana personal injury laws.
What Should I Know About Soft Tissue Injury Claims?
For one, you have the burden of proving the legal elements of a personal injury claim to recover compensation. Generally, you must prove:
- The party who caused the injury owed you a duty of care
- The party’s conduct breached the duty of care
- The breach of duty was the direct and proximate cause of your soft tissue injury
- You incurred damages because of the party’s actions
If you prove your case, you can recover compensation for your economic damages and non-economic damages. The amount you recover depends on the factors involved in your case. However, personal injury damages often include:
- The cost of medical care and treatment
- Physical pain and discomfort
- Lost wages and benefits
- Emotional distress
- Out-of-pocket expenses
- Physical therapy and other rehabilitative care
- Mental anguish
- Loss of enjoyment of life
You can also seek compensation for future damages if you sustain a permanent impairment. The damages could include decreased earning capacity, ongoing medical/personal care, and diminished quality of life. Our legal team can carefully review your case to ensure we include all damages to maximize the amount of your personal injury settlement.
What If I Am Partially To Blame for Causing a Soft Tissue Injury?
Louisiana workers’ comp is a no-fault system. Therefore, you do not need to prove negligence or wrongdoing to receive benefits. Additionally, you can be partially to blame and still receive the same benefits as long as you did not intentionally cause your injury.
However, personal injury cases are subject to state comparative fault laws. Being partially at fault for causing an accident or injury does not bar you from receiving compensation for damages. Nonetheless, the court can reduce your compensation by your level of fault.
For instance, suppose a jury awards you $250,000 for a car accident. However, the jurors decide you are 20% to blame for causing the car crash. Your damage award is reduced by 20% or $50,000 in that case.
How Long Do I Have To File a Soft Tissue Injury Claim in Louisiana?
The deadline for filing claims depends on the type of claim. Workers’ compensation laws require you to report work injuries or illnesses to your employer within 30 days.
If you are injured in a car accident, slip and fall, or other incident caused by another party, the statute of limitations for filing a personal injury lawsuit is usually two years from the injury date. Many factors could change the deadline to file a soft tissue injury claim. It is best to seek legal advice from an experienced Lake Charles soft tissue injury lawyer as soon as possible.
Schedule a Free Consultation With Our Lake Charles Personal Injury Lawyers
You deserve fair compensation for your pain, suffering, and other damages caused by soft tissue injuries. Contact us at (337) 888-4253 to schedule a free case evaluation with an experienced Lake Charles personal injury attorney at Hale Injury Lawyers.
