Typically, soft tissue injuries are found in the lumbar (low back) or cervical (neck) areas of the spine - this has to do with the effects of how we typically we sit in our cars and the transfer of energy that results from a car accident. There are, of course, other injuries that qualify as "soft tissue injuries." Basically an injury to a part of the body that is not bone - rather tissue that surrounds or connects (e.g. muscle, tendons, and ligaments) to other parts of the internal body - will qualify. Strains (overstretching a muscle creating a tear), sprains (damaging a ligament, which supports a joint), rotator cuff (shoulder) injuries and meniscus (knee) damage also fall under the common soft-tissue injuries category.
Indeed, often right before a car crash, the auto driver will strain his/her shoulder, wrist or arm due to holding tight at impact - resulting in a rotator-cuff tear at the shoulder, carpel tunnel at the wrist, or ulnar nerve entrapment at the elbow.
But with the cervical and lumbar areas, we are most concerned with the possibility of a herniated disc. This injury will become apparent on an MRI. Electrodiagnostic testing, such as electromyography (EMG) and nerve-conduction study may be used to prove a significant soft-tissue injury as well.
Unfortunately, this is not always easy to prove. If this disc is bulging and/or if the relevant portion of the vertebral column is stenotic, a defense attorney / insurance adjuster will claim that the injury preexisted the car accident. An insurance adjuster / defense attorney will often unfairly evaluate a soft-tissue injury by looking at the vehicle damage alone. Remember, in a low-impact collision, there will often be very little by way of visible damage to the cars involved. Do not be fooled! The way a car (metal, plastic, etc.) absorbs an impact and diffuses energy is dramatically different from how the human body (bones, muscles, blood, etc..) will react to that same impact!
Here's a useful analogy. If you have ever bought eggs from the supermarket, you know that you cannot judge whether or not an egg is broken based on the visible condition of the carton. The carton may show little, if any visible damage; yet still contain a few eggs that are broken on the inside. This is because the way a carton absorbs an impact differs from how an egg will absorb that same impact.
If a lumbar injury results in pain moving down one's leg (known as lumbar radiculopathy), the pain may be the result of a herniated-lumbar disc impinging on an adjacent nerve - or the result of a fractured ankle or torn meniscus. Doctors sometimes overlook these other potential causes (known in the medical field as a differential diagnosis), which is why it helps to have an personal injury attorney, experienced in handling car accident claims, by your side.
When it comes to the shoulder or knee, MRIs are not always "conclusive." If someone is complaining of significant pain in their shoulder or knee, and an MRI does not clearly show a tear - an arthroscopy may be needed. An arthroscopy is a minor surgical procedure where a small incision made in a joint so an endoscope (small video camera) can be inserted and explore the area around the suspected injury.
Ultimately, a lawyer, especially a miami car accident lawyer, has two useful tools to employ when proving a soft-tissue injury that cannot be objectively seen:
1. Evidence of Medical Treatment - someone in pain is going to seek treatment. Often, when not a surgical candidate and if physical therapy does not help - an injured person will receive epidural steroid injections (ESIs). Someone lying about their pain, it is assumed, would not endure this painful procedure.
2. Witnesses - this can be doctors. But without an objective injury, it is important to bring those people who knew you well both prior to, and after, the injury. Ideally, they should be able to say that the injured party lived a healthy, active and pain-free lifestyle prior to the motor-vehicle accident as compared to a noticeably less active lifestyle due to pain after the accident. Coworkers/Supervisors have the most credibility, as they are likely to be more independent vs. family members who might stand to benefit from an injured party's financial gain.
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