Soft Tissue Injuries--Neck and Back Strain/Sprain
Posted by: euser
October 14, 2008
Topic: PERSONAL INJURY LAW
The most common injury sustained by someone who has been involved in a motor vehicle collision is a neck and back strain/sprain. This injury is also called a soft tissue injury, or a connective tissue injury, or whiplash. While these injuries can be painful, and cause true suffering, it can be difficult to obtain fair compensation for these injuries. This is due to a decades long propaganda campaign waged by the insurance companies, costing millions of dollars, to convince people that these "whiplash" injuries are fake, and that the people who claim these injuries are fakers. Unfortunately, this propaganda campaign has been largely successful, and has infected our jury system.
However, these cases can be successfully pursued and resolved. There are facts common to successful soft tissue injury claims. The more factors that are present in a case, the more likely the case will be successfully resolved. These factors include:
- Clear, uncontested liability on the part of the negligent adverse party
- Substantial, clearly visible property damage to the injured parties' vehicle. If the vehicle was not driveable from the scene of the collision, and had to be towed, that increases the likelihood of success of the claim
- The injured party reported being injured at the scene of the collision, and showed visible signs of injury
- The injured party was transported from the scene of the collision by ambulance
- The injured party was treated at a hospital emergency room immediately after the collision
- The emergency room physicians diagnosed a cervical (neck) and/or lumbar (back) strain/sprain
- Radiology or other examination confirmed objective findings, including muscle spasm, or a straightening of cervical or lumbar lordosis
- The emergency room physician prescribed medication, and instructed the injured party to follow up with his or her family physician
- The injured party followed the emergency room physician's instructions, and timely follwed up with his or her family physician
- The family physician notes that the injured party had not previously sustained a similar injury
- The family physician confirms the diagnosis of the emergency room physician, and prescribes a course of physical therapy to treat the injuries
- The injured party complies with the course of physical therapy, follows the restrictions placed on him or her by his medical providers, and goes to each and every appointment, without no shows, and without any gaps in treatment
- After a reasonable period of treatment, the injured party improves, and recovers from his or her injuries
If you or someone you know has been injured in any type of injury producing event, please call me for a free consultation, and allow me and my 32 years of experience advise you appropriately.
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