Fair Compensation for Soft Tissue Injuries
- Dan T. Matrafajlo
- Wed Mar 2016
- Personal Injury,
It was certainly not your fault that Mr. Not Paying Attention ran a red light and rammed into your car. The pain in your neck is excruciating, but there is no evidence of fracture or disc herniation. Can you actually receive fair compensation for soft tissue injuries?
Tort reform is a highly debated topic in New Jersey, and throughout the country. Some like Charles Weinberger of Forbes Magazine blamed tort reform on attorneys. After all, there are “too many lawyers chasing too many dollars through too many endless lawsuits….” We submit that litigation would not exist without injured parties and certainly sans wrongdoing.
The purpose of tort reform is to put a limitation on lawsuits. Here in New Jersey, you can still sue for any type of injury. There is a caveat, however. You must have agreed to pay an extraordinary premium for the right. Otherwise, New Jersey law restricts your right to sue for automobile accidents with the following exceptions:
- Significant disfigurement or significant scarring
- Displaced fractures
- Loss of a fetus;
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
How does this Pertain to Soft Tissue Damage?
You may be experiencing extreme pain and be surprised to learn that your injuries fall into the category of soft tissue damage. What does this mean exactly? Whiplash is often the first diagnosis that comes to mind. That not so subtle jolt to your neck may hurt beyond belief. Is the damage permanent? Attorneys for the driver who caused your injuries would debate the permanency of your pain. How long will it last? Have you received extensive medical treatment? Did you need to stay out of work for significant amounts of time?
What else constitutes soft tissue injuries? Muscle tears, as well as sprains and strains are all considered soft tissue injuries. One of the greatest problems with receiving fair compensation for soft tissue problems is not just the exceptions cited above. Soft tissues injuries do not show up on x-rays or other diagnostic tests. Unfortunately, when you hear of someone faking an injury, it is usually one that cannot disproven with concrete evidence. Just saying that something hurts is not often enough to recover in a personal injury lawsuit.
Can you Sue for Soft Tissue Injuries?
We hope that we have made it clear that there are times that lawsuits involving soft tissue injuries are quite feasible. In order to evaluate your claim, it is necessary for an experienced attorney to review your insurance policy. It is also crucial that a medical expert evaluate your condition.
At the Law Offices of Beninato & Matrafaljo, we represent many individuals who have been injured in accidents. We would be more than happy to provide you with free legal advice. Contact us to discuss the circumstances of your accident.