Soft-tissue injuries generally involve damage to the muscles, ligaments, and/or tendons. It can cause pain, swelling and/or bruising, as well as loss of function of limbs and muscles. These injuries are often associated with a sprain, muscle strain or the overuse of a particular body part and may not show on an x-ray image.  When someone sustains soft-tissue damage, the pain and injury may be difficult to assess by medical practitioners. However, for the injured person, this injury can cause significant on-going pain and mobility challenges.

Soft-tissue injuries can result from direct or indirect trauma. Direct trauma typically occurs in an incident wherein someone is directly struck by, or thrown against an object. This type of direct impact commonly happens in motor vehicle collisions, slip and fall or trip and fall accidents. By contrast, indirect trauma generally results from the overuse of muscle tissue associated with activities that involve repetitive movement.  For example, this can happen when a person overuses one arm because the other arm is injured.

When someone experiences soft tissue damage in an accident that was caused by another person’s negligence or carelessness, the accident victim may have a case for a personal injury claim. Many motor vehicle accidents are the result of careless or negligent actions, such as distracted driving, driving under the influence of alcohol and/or speeding. Accident victims who experience soft-tissue injuries, as a result, may be eligible to file a civil suit for their damages and losses. Similarly, if soft-tissue injuries result from a slip and fall due to unsafe conditions on property, the injured person may file a claim against the property owner/occupier who failed to keep their property safe.

In a recent case, Olson v. Yelland, a 44-year-old woman sought damages for soft-tissue injuries resulting from a rear-end collision that occurred only a few months after she was injured in a workplace accident. The injured woman claimed that she experiences more frequent migraine headaches, mid-back pain, neck pain, knee pain, nausea, dizziness and fatigue since the accident. She reported that she suffers from depression as a result of her ongoing pain and also, that her symptoms prevent her from completing day-to-day tasks, particularly those requiring her to bend down, and often prevent her from going to work. Although the ‘at fault’ driver admitted liability in the accident, they contested that the woman’s health had really worsened after the accident, as she was already suffering from pain and limited mobility resulting from her workplace injury.

However, the judge in this case, concluded that some of her soft-tissue injuries and symptoms were aggravated by the car accident, particularly with respect to more frequent and intense headaches that will likely persist for many years. As a result, the judge awarded $106,500 in damages, which includes awards for future loss of income, and for pain and suffering.

It is not uncommon for soft-tissue injuries and their associated symptoms to become more severe after multiple accidents and injuries. This circumstance can complicate a claim for compensation for injuries associated with a specific accident.  Accordingly, the plaintiff must provide evidence that their symptoms and the effect on their life increased as a result of the accident for which they are claiming losses.

Although soft-tissue injuries are often very painful and have a significant impact on an injured person’s life, it can be challenging to prove the severity of these injuries when making a personal injury claim. The reason for this is that soft-tissue injuries are generally not discernible using a conventional medical test, such as an x-ray or diagnostic scan, and therefore less evident and verifiable by medical professionals when compared to such injuries as fractures, burns or organ damage. As a result, insurance companies will sometimes challenge the validity of claims that allege soft-tissue injuries, particularly when the injuries are solely based on the individual’s descriptions of their pain and suffering.

The difficulty of proving soft-tissue injuries is one of many reasons why injured persons need to seek medical attention immediately if they were the victim of an accident. An early documentation of your injury by a healthcare professional will assist your lawyer in proving your case. The most important reason for seeking prompt medical assessment is, of course, to ensure that your injuries are properly treated and diagnosed so that they are not likely to worsen over time.

Another step that should be taken as soon as possible after an accident is contacting an experienced personal injury lawyer who can advise you on your legal rights to compensation, given the specific circumstances of your accident and injury. Your lawyer can ensure that you are meeting the deadlines for making a claim and that the appropriate medical information is gathered to serve as supportive evidence for your injuries.

At Burn Tucker Lachaîne, our highly skilled team of personal injury lawyers understand the difficulty in proving these types of claims. We have helped many clients in Ottawa and the surrounding communities in making successful disability benefits claims or in filing a suit against a negligent party for soft-tissue injuries.  We are well aware of the time sensitivity of personal injury claims, and will begin taking action on your case as quickly as possible, so that you do not miss out on any opportunities for compensation. Call or visit us as soon as you are able, if you or someone you love has been the victim of an accident resulting in soft tissue damage or any other injury.

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