There is no average car accident settlement for soft tissue injury in Georgia. Many factors go into the settlement amount, including the severity of injuries, the impact of the injuries on the victim’s life, and the insurance policy limits of the at-fault driver.
Car accidents often lead to soft tissue injuries like whiplash, sprains, and strains. While these injuries typically aren’t life-threatening, they can lead to long-term pain and decreased mobility. Victims deserve fair compensation for their injuries so that they can cover their medical bills, lost wages, and other injury-related expenses. They also deserve their pain, suffering, and diminished quality of life to be acknowledged.
What Factors Could Affect the Amount of a Georgia Soft Tissue Injury Settlement?
Several factors influence the settlement amount for soft tissue injuries in car accidents, including:
- Medical Expenses – The cost of your medical treatment is a major factor in the value of your claim. Medical expenses include surgeries, medical treatments, prescription medications, and physical therapy. The more severe your injury is, the higher your medical expenses will likely be.
- Lost Wages – If your soft tissue injury prevents you from working or impacts your ability to work at full capacity, your settlement may include compensation for lost wages. The amount of your lost wage compensation will depend on your income and how much your injury disrupted your ability to work.
- Pain and Suffering – Non-economic losses like pain and suffering can make up a large part of your settlement. Soft tissue injuries can result in chronic pain, which may lead to a higher settlement offer.
- Impact on Quality of Life – If your injury affects your ability to perform daily activities or enjoy hobbies, your settlement amount may reflect that.
- Insurance Policy Limits – The at-fault driver’s insurance coverage can play a substantial role in determining your settlement amount. If the driver has minimal coverage, that could limit the compensation received through your claim. In some cases, your attorney may be able to identify other liable parties, which could reduce the impact of the driver’s policy limits on your claim.
The skill of your attorney will also play a critical role in how much compensation you recover. A good lawyer should have considerable experience to draw upon when determining how much your case could be worth. A strong negotiator will be better positioned when they meet the insurance company at the bargaining table. And an attorney with a track record of winning at trial will be able to tell your story compellingly in court should it become necessary.
What Are Common Types of Soft Tissue Injuries?
There are multiple types of soft tissue injuries, with some being more severe than others. The most common soft tissue injuries suffered in car accidents include:
- Whiplash – Whiplash is one of the most severe soft tissue injuries resulting from car accidents, especially rear-end collisions. It occurs when the force of the impact jerks the head back and forth, straining and damaging the muscles and ligaments in the neck. The severity of whiplash can range from mild to severe and often requires extensive physical therapy.
- Sprains and Strains – These injuries affect ligaments and muscles and can occur in various body parts, such as the back, neck, and shoulders. The severity of sprains and strains can affect the time it takes them to heal and your settlement amount.
- Tendonitis – Tendonitis is the inflammation of the tendons, which can result from damage done to them in a car accident. Tendon injuries typically require longer recovery times and more comprehensive treatment than sprains and strains.
- Contusions and Bruises – While generally minor, contusions and bruises can cause considerable pain and be a symptom of a worse internal injury that requires medical treatment.
Are Soft Tissue Injuries Hard to Prove?
Compared to broken bones, soft tissue injuries can be challenging to prove because they don’t show up on standard imaging tests like X-rays. The severity of soft tissue injuries is also more subjective and relies heavily on the victim’s reported pain levels.
This lack of concrete evidence can lead to insurance companies pushing back against soft tissue injury claims more than claims for other types of injuries. However, you can use the following evidence to back up your claim:
- Medical Documentation – Having comprehensive medical records detailing your injury and treatment is essential.
- Expert Testimony – A medical expert’s opinion can go a long way when establishing the extent of your injuries and the necessary treatment.
- Consistent Reporting – Consistent reports of pain and symptoms to medical professionals add credibility to your claim.
How Is the Value of My Soft Tissue Injury Case Calculated?
Your attorney will calculate the value of your soft tissue injury case by adding up your economic and non-economic losses and then negotiating with the insurance company:
- Economic Losses – Calculating your economic losses is relatively straightforward, as your attorney will review your medical bills, pay stubs, and other financial records to determine the value. They may need to work with experts to project the financial costs your injuries are likely to have in the future.
- Non-Economic Losses – Calculating your economic losses is more subjective. Your attorney may rely on expert testimony and their experience handling similar cases in the past to arrive at a fair figure.
- Negotiation – Your attorney’s negotiation experience can play an essential part in determining the value of your settlement. Typically, accepting the insurance company’s first offer isn’t in your best interest, and negotiations will be necessary.
How Long Do I Have to File a Soft Tissue Injury Lawsuit in Georgia?
The statute of limitations in Georgia for filing a personal injury lawsuit is two years. If you fail to file your lawsuit within this period, the courts may bar you from recovering compensation. However, it’s important to keep in mind that this is the deadline for a personal injury claim, not an insurance claim. You may have less time to file your initial claim with the at-fault driver’s insurance company.
Contact a Georgia Car Accident Lawyer
If you suffered a soft tissue injury in a Georgia car accident, contact Sherrod & Bernard, P.C., for a free consultation with one of our car accident lawyers. We’ll evaluate your claim, provide an initial estimate of your damages, and walk you through the claims process.
