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In the course of many personal injury litigation cases, we come across the defense counsel or insurance representative’s comments that “its just a soft tissue case.”  What does that mean?

Soft tissue injuries are damages to muscles, ligaments and/or tendons throughout the body.  Injuries would not include fractures or dislocations of body parts.  Common soft tissue injuries are generally sprains, strains and contusions, which would include tendinitis and bursitis. Sprains result from stretching or tearing of a ligament, and occur in varying degrees.  The more significant the sprain/strain or tearing, the greater the level of pain and loss of function.  Needless to say, “soft tissue” injuries can be very painful and result in swelling, stiffness, bruising, loss of function and missed time from work, school or other activities.

A soft tissue injury that arises as a result of trauma; i.e., falls or a blow to the body, can be compensable, if the injury occurred as a result of the negligent and/or intentional act of another.  It is important to seek immediate medical attention not only to start the healing process, but to protect the body from any further damage. From the perspective of a prosecuting personal injury attorney, medical care and treatment establishes an initial time line from date of injury to anticipated recovery, which is important in determining case value and damages for the injury sustained.

Don’t be misled by the expression “It’s just a soft tissue injury.”  Soft tissue injuries are painful, debilitating, can vary in treatment time, and are both totally recoverable as damages in personal injury litigation.

If you have sustained any form of injury as a result of the alleged negligent or intentional conduct of someone else, contact the Law Offices of Heiting & Irwin for a free initial consultation of your rights.

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