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Obtaining Compensation For Soft Tissue Injuries


It is not uncommon for soft tissue injuries to become a factor in a variety of lawsuits. The most well-known example of a soft tissue injury is ‘whiplash’ from an auto accident. Since it can be difficult to prove soft tissue injuries, it can make it all too easy for someone to suggest that the victim was simply exaggerating the extent of their injuries.

The Viewpoint Of The Insurance Company

While this isn’t true of all soft tissue injury claims, most do come from car accidents. Since Florida is a ‘no-fault’ state, the injured driver’s insurance company will need to pay for the soft tissue injury and you are not allowed to sue the driver at fault unless the injuries are severe. This means that establishing a soft tissue injury claim with your insurance company will require medical documentation of your injury as proof will be more important can getting ready for court.

Proving Your Soft Tissue Injury Can Be Challenging

Typically, soft tissue injuries do not show up with any kind of diagnostic tools the way that other traumatic injuries do. For example, you can spot a broken bone with the help of an X-ray. However, you can spot something like ‘whiplash’ on an X-ray. This makes it much harder to prove or diagnose.

While many of us have watched a tv show or two where the imaginary plaintiff comes into the court with a neck brace and a cane who wins the case and then tossed them to the side once it was over. While this not only exaggerates the fraudulent behavior that actually happens in a court room, but showing up with a brace and cane will not be enough to prove anything to a real court.

However, without the hard to refute proof of an X-ray, the insurance company or defense attorney could easily argue that the victim is not as injured as they claim to be. Almost as if they were remembering that old tv show mentioned before. This is why it is crucial for you to seek medical treatment for your soft tissue injury immediately. Not only can a doctor help with your recovery, but their records will be the proof you need to prove your claim.

Getting Compensation

As mentioned before, your best hope of winning your lawsuit or having your claim approved by an insurance company is to have documentation of the injury and its symptoms by a medical professional. Not only will this aid you in convincing an insurance company that you need financial help for your injury, but it will give you the best chance of winning your case, if you do end up going to trial.

If the insurance company still refuses to pay out the claim and give you the financial compensation you need, then you can sue them instead. Depending on the strength of your medical proof, you will have a second chance to get the help you need. However, if you do not already have a legal professional by your side, now is the time to have one.

If you need help getting the compensation you deserve for your injuries, don’t hesitate to contact the lawyers of , Goldman, Babboni & Walsh today! With over 100 years of combined experience in personal injury, we have the knowledge and dedication needed to win your case. Contact us today for a free case review to learn more about our services.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Obtaining Compensation For Soft Tissue Injuries

Goldman Babboni Fernandez
Murphy & Walsh




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