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They are complex because there are no broken bones or physical evidence that anything is wrong. Mainly, the injured person is in pain, but there would not be an objective way to prove the injury.
This does not mean that an injury did not exist or that it was not a “bad” injury. It only means that when settlement negotiations begin, the amount paid to you for pain and suffering will be highly disputed.
Claims adjusters seem to think that if there are no broken bones then injured person’s pain is not necessarily that intensive (therefore the payment for pain and suffering should be low).
There are many things to consider when you have a soft tissue claim. You need to document your injury (you will see that you have the burden of proof). How do you document your injury, you keep a log of your symptoms and you go to the Doctor.
Many people seek chiropractic care and/or physical therapy right of way. Going to the doctor as soon as you can is always a good idea. But going straight to the chiropractor and/or physical therapist can backfire on you. Adjusters will look to see if you were referred to this particular medical facility by an actual doctor. Why?
Adjusters seem to have two theories:
If you have visited this facility before, then you were probably injured or had some kind of problem before the accident. Or you are trying to document a soft tissue claim where it does not exist.
So how can you get around that? Simply ask your doctor or at the emergency room for a referral to chiropractor or a massage therapist. The doctor will give you a referral and now you can show that the soft tissue claim is valid.
It is a hard reality and insurance adjusters will not come out and tell you that they do not believe you are hurt, but they are very cautious of settling this type of claim for a lot of money.
The usual complaints of the soft tissue injuries are neck, shoulder, and back pain. Depending in type of accident that you had, these injuries should no be hard to understand.
A collision could create a lot of damage to your body without breaking any bones. Most injuries soft tissue injuries and pains are not present until the day after the crash. Usually the pain will be very severe and you will not be able to move your neck in any direction. Your shoulder will be injured by the seatbelt, and the lower back will take consume most of the force of the impact.
Below we see a “dummy” being hit at…. Miles per hour. Your neck will have just about the same motion in a similar collision.
Injured? Request a free personal injury case evaluation right now!
(Form Above)
To this day, I am not sure why adjusters have such a hard time believing that a soft tissue injury is painful. Just watching the video above is painful to me. Either way, you must overcome this presumption in order to be compensated for your injury. Heck, looking at the motion above, you wonder if a collision like that is not only a valid soft tissue claim, but an injury that creates permanent injuries.
How do I do that?
As mentioned before, you want to show that the soft tissue injury was a severe one and that you are not making the pain up. The first step after going to the emergency room is to be checked out by a Medical Doctor. Your primary care physician can do this. Just make an appointment as soon as possible and ask your doctor for a referral to a chiropractor or physical therapist.
Read Soft Tissue Claim Part II
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