The Complexity of Soft Tissue Claims

What is a Soft Tissue
Injury?

 

A soft tissue injury is damage to the muscles, ligaments and
tendons that can be found throughout the body. 
As a Clearwater personal injury attorney handling automobile and
motorcycle accident victim claims throughout the Tampa bay area, a majority of
the soft tissue injuries we come across involve muscle and ligament damage in
the cervical (neck) spinal columns. Soft tissue injuries involving the cervical
spine are often characterized as “whiplash.” 
For more information on whiplash and how whiplash can result in severe
and permanent injuries including a traumatic brain injury, please take a look
at the blog section of my website

 

What Makes Soft
Tissue Claims So Inherently Difficult?

 

What makes soft tissue cases so difficult for members of the
plaintiff bar is the gauntlet of hurdles the insurance carriers will out forth
in defending such claims.  Soft tissue
claims/cases often lack the financial incentive for a personal injury attorney
as compared to a surgery case and the costs associated with advocating such
claim can be cost prohibitive for many. 
Many personal injury law firms are simply volume shops where the goal is
to simply settle the claim for whatever they can get without expending
significant effort or costs into litigating the claim.   Other firms either lack the ability or the
desire to try cases and fail to inform the client of such at the outset of
representation. 

 

We have noted in recent years that resolving soft tissue
automobile accident claims have grown increasingly difficult and the insurance
industry in general is applying increased scrutiny to such claims.  Keep in mind that the political spirit of
tort reform purveyed by insurance carriers, their lobbyists and the Republican Party
has resulted in an unfavorable jury pool in Florida.  Due to the propaganda peddled by the
insurance carriers a large percentage of the general public views soft tissue
claims and automobile accident claims with a heavy dose of skepticism.  Further, a large contingency of the general
public views personal injury attorneys as greedy and their clients as
charlatans looking to cash in on an exaggerated or embellished injury that is
often difficult to prove.  To make
matters worse, the insurance carriers rely on a bevy of shameless physicians
who have whored themselves out to the insurance industry in an effort to make a
very comfortable living meeting with injury victims and producing reports
minimizing their injuries Such physicians are retained by the insurance
carriers to perform examinations known as independent medical examinations
(IME’S) and compulsory medical examinations (CME’S) on injury claimants.  The general opinion among members of the
plaintiff bar is that these very physicians rarely offer an objective finding
or report.  Rather, they are paid by the
applicable insurance carrier and understand that if they were to be honest and
state the true extent of the claimant’s injuries they would not likely receive
many more assignments. 

 

When trying a soft tissue claim in Pinellas, Hillsborough
Manatee, Sarasota or Pasco County, the defense lawyer retained by the insurance
carrier will bring in a team of “experts” (biomechanical engineer, Spine
Surgeon and others) who will state that it is impossible or highly unlikely
that the property damage involved could have caused the injuries complained
of.  This is consistently seen in cases
in which there is less than $2000.00 in property damage.  The experts will often rely on junk science
and paint their opinions towards the general political theme in this state and
the opinions shared by many consumers that automobile accident soft tissue
claims are often embellished and the victims are nothing more than
malingerers.  The insurance industry is
well aware of how difficult they have made soft tissue claims and the general
apathy may plaintiff personal injury attorneys, show towards such cases.  Thus, the typical settlement offers seen on
soft tissue claim, particularly those involving a minor impact are shockingly
low.

 

What Should I Do If I
was Involved In An Automobile Accident?

 

The trial attorneys at Dolman Law Group are well versed in
handling soft tissue claims and actively litigate soft tissue automobile
accident cases statewide.  We are
committed to pursuing these claims as far as reasonably necessary and have no
fear in litigating a soft tissue injury claim against any insurance
carrier.  Every case is different and
with that being said, some claims are not litigation worthy as a result of the
high costs involved and the likelihood that the client will not net any
additional funds after the costs involved in litigating such claim is
recouped. 

 

If you or a loved one, friend, colleague or acquaintance
have suffered soft tissue injuries (i.e., Whiplash) as a result of an
automobile accident or motorcycle accident, it is imperative that the victim
consult with an attorney who is competent, aggressive and has a thorough
understanding of the nuances involved in handling a soft tissue claim.  Not all personal injury attorneys are alike and
we believe our system utilized in handling and litigating soft tissue claims
makes Dolman Law Group a superior choice. 
For a free consultation, call Dolman Law Group today at (727) 451-6900
or (941) 961-8841.  For an immediate
response, feel free to email me at: matt@dolmanlawgroup.com  

 

Dolman Law Group is a Clearwater based personal injury law
serving the greater Tampa Bay Area.  We
have satellite offices in Bradenton and Melbourne and actively handle
motorcycle injury and automobile injury claims statewide.  We limit our practice to first and third
party insurance claims relating to an automobile accident, motorcycle accident,
traumatic brain injury, catastrophic injury and wrongful death.

 

A soft tissue injury is damage to the muscles, ligaments and
tendons that can be found throughout the body. 
As a Clearwater personal injury attorney handling automobile and
motorcycle accident victim claims throughout the Tampa bay area, a majority of
the soft tissue injuries we come across involve muscle and ligament damage in
the cervical (neck) spinal columns.

View Attorney Profile

Matthew A. Dolman, Esq.

Licensed since 2004

Member at firm Dolman Law Group

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Matthew A. Dolman, Esq.

Licensed since 2004

Member at firm Dolman Law Group

RECENT POSTS

  • Florida Brain Injury Attorney Focuses on National Brain Injury Awareness Month
    Posted on November 5, 2012
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    October is National Brain Injury Awareness Month. The Brain Injury Association of America seeks to make use of this time to promote a deeper understanding about the 1 million individuals in the U.S. who sufferfrom traumatic brain injury. Brain injuries range from mild, with very few or no lasting symptoms, to severe, such that the injury ... Read more

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    Posted on October 9, 2012
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    You’re walking through the grocery store, looking for the last item on your list. Somehow, you missed it on your first pass though. You march through, retracing your steps, with the discipline of a trained soldier through the fervor of the capitalist battlefield. Unfortunately, your advance is disrupted by a jar of pickles that exploded ... Read more

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