Getting a fair compensation for soft tissue injury might be quite challenging. Having the right documentation and the right legal representation will ensure that justice is served right.
Claiming compensation for soft tissue injuries such as sprain, whiplash, muscle tears, nerve damage, etc., can be quite challenging owing to the difficulty in having direct proof for such injuries. Hence it is extremely important to thoroughly document the extent of the injury in order to make insurance claims and lawsuits easy for you. Obtaining compensation for your injuries might not be the easiest thing to do, but it is well worth it when you do not have to pay for the medical expenses from your own pockets. Here’s how a personal injury lawyer can help you get compensation for soft tissue injury and other compensation woes.
The trouble with documenting soft tissue injuries
Soft tissue injuries do not have easily distinctive features that are easily identifiable. However, these injuries are no less painful than say, a broken bone. Except, a broken bone can be verified by a simple x-ray, but it is tough to find diagnostic tools that offers a credible proof for a bruised muscle. Without irrefutable proof, insurance companies and defense attorneys have flimsy grounds to not grant any compensation. It is thus important to seek medical help as soon as possible. This will not only help with speedy recovery, but will also ensure credible documentation of your medical aid/ expenses, thus easing the process of filing for compensation for soft tissue injury.
Establishing a time line of recovery
Recording every moment of your path to recovery is one of the best ways to establish a clear timeline of events since your accident till the lawsuit is initiated. One of your first course of action should be to send out a demand letter to negotiate a settlement before you opt to file a law suit. This letter ought to describe every little detail of the time, place and nature of the injury along with the medical treatment that you are undergoing, along with claims of proof of the same. It should clearly offer an insight into the kind of injuries sustained and how they have affected your lifestyle as a whole. Hence, the opinion of a medical professional is necessary under these circumstances.
Assessing the extent of damages
Having a medical professional’s opinion on your injuries is the only way in which you can convince the courts/ the insurance firm to pay you your dues. Smaller injuries might not require extensive medical proof, but larger injuries have to be proved convincingly enough. If you have had a pre-existing medical condition in the area of injury, it has to be explicitly stated as this will be discovered during the proceedings. Being honest will instill confidence in your claims.
Physical therapy is usually an inclusive treatment option that one has to undergo when riddled with injuries. One will have to undergo physical therapy for a considerable period ranging from a few weeks to a few months, depending on the severity of the injury (and it should be covered under the compensation as well). It is the plaintiff’s burden to prove the injuries. Although getting proper documentation to prove soft tissue injuries can be quite challenging, it is important to procure the right set of evidence to prove your soft tissue injury in order to receive your rightful compensation.