Soft Tissue Injury Attorney
Serving Orange County, Los Angeles, Riverside and San Diego
Law Offices of Kenneth G. Marks in Orange County, CA
Have you noticed how most personal injury attorneys advertise themselves as specialists for "serious or catastrophic injuries only?" There's a reason for that. Over time, insurance companies, unfavorable laws and juries have sent the value of "soft tissue injury" cases to record lows. Most lawyers don't want to put the time and effort into these cases, so they just pass on them.
Kenneth G. Marks represents consumers and understands that if someone has been injured in an accident to the extent that it inconveniences his or her life, it is ALWAYS a serious injury! While it is true that the values of these cases are no longer necessarily what they once were, that does not mean you shouldn't hire a personal injury lawyer. If you don't hire a lawyer, the other person's insurance company will do whatever it can to pay as little as possible and to dissuade you from hiring a lawyer. Here's why:
- In 1988, the California Supreme Court handed down a decision that forever altered the values of "soft tissue" injuries in personal injury claims arising out of car accidents. Moradi-Shalal vs. Fireman's Fund (1988) 46 Cal. 3d 287 took away the ability of someone who was injured in a car accident to sue the defendant's insurance company for bad faith.
- Before Moradi-Shalal, if you were in a car accident and the other person's insurance company either denied your claim or low balled you even though the accident was completely their insured's fault, the injured party could then a get a judgment against the defendant for more than the offer and then sue the defendant's insurance company for bad faith. The result was that this regulated the conduct of the insurance companies and they would pay their claims.
- After Moradi-Shalal, which turned out to be the beginning of the devaluing of claims, the injured party could no longer sue the third party insurance company for bad faith and this allowed the third party insurance company to make unreasonably low settlement offers and deny claims as they pleased. To this day, there is nothing that someone who suffers injuries in a car accident can do about it and it makes cases very difficult to settle.
What are soft tissue injuries?
In a car accident, soft tissue injuries are those involving supporting, non-bony parts of the body. Such parts can include muscles and tendons. Ligaments are considered soft tissue as well. Soft tissue injuries are quite common in car accidents. Often, they are present in the form of tears, sprains, strains, and general soreness.
When a car accident occurs, the impact of the crash can cause the people inside the car to be jolted around. Hard braking and bracing against the impact lead to even more jolting. As a result, a large number of people experience soft tissue injuries in car accidents.
The force of impact in a car accident can cause soft tissues to stretch considerably, resulting in significant damage. As a result of this damage, individuals often experience pain, swelling, and loss of function. Bleeding may result as well.
Though soft tissue injuries are very common, they cannot be detected using x-rays. For this reason, it is more difficult to detect soft tissue injuries quickly than it is to detect bone injuries. Often, an individual with soft tissue injuries will not experience symptoms for hours after a car accident. In some cases, it takes days for car accident victims to begin experiencing symptoms.
Once a person with soft tissue injuries begins having symptoms, he or she may experience persistent pain. Often, inflammation is present. This is a natural result of soft tissue injury and helps to make the accident victim aware that a body part has been damaged. The pain, however, can be significant and can stall or inhibit healing if left untreated.
One of the most common soft tissue injuries is whiplash. This injury occurs when a person in a car is hit from behind in a car accident. In this type of collision, the head of the accident victim often snaps forward and back again. The head weighs a considerable amount, and when it snaps backward, it exerts significant force on the neck. The resulting whiplash can lead to a range of serious conditions, including but not limited to chronic pain, joint dysfunction, and herniated discs of the spine.
Symptoms of whiplash can include neck pain, stiffness, headache, and burning sensations. Shoulder, back pain, and dizziness may be present as well. Some sufferers also report memory loss, depression, fatigue, and nervousness.
If you have a soft tissue injury, DO NO WAIT! Call the Kenneth G. Marks Law Firm IMMEDIATELY!!
Here are just a few of the games that insurance companies play when someone has suffered soft tissue injuries:
- If there is minor property damage to your car, the impact will be considered minor and they won't want to pay..
- If you don't go to the doctor right away, they won't want to pay..
- If you "only have soft tissue injuries," they won't want to pay..
- If you go to a chiropractor, they won't want to pay..
- They will always say that your medical expenses are outrageously high and will only offer what they consider to be reasonable.
- They will say that you overtreated and will cut your medical expenses short even when everything you did was according to your doctor's advice.
Kenneth G. Marks, has been representing car accident victims for 29 years and knows how to get settlements which turn out favorably for his clients even in this difficult climate. When the insurance company says "nay," Kenneth G. Marks says "pay!" Mr. Marks understands the economics of personal injury cases from both sides and will use every bit of his experience in this field to your advantage. If you have suffered soft tissue injuries in a car accident or premises liability case and need a lawyer who understands what it takes to get you reasonable compensation for these soft tissue injury cases, please call Kenneth G. Marks for a free initial consultation. In these kinds of cases, if you wait it could be too late.