While car insurance companies do everything they can to make car accidents sound like harmless “fender bender” events, the fact is that auto accidents are serious events. No matter how minor the damage looks to the vehicles, there is no denying what a car crash really is – two large metal objects that weigh thousands of pounds colliding into each other, usually at speeds faster than humans can run. Nevertheless, insurance companies and their attorneys often argue that so-called “minor impacts” or “soft-tissue injuries” should not be compensated because no real injuries occurred. The science says otherwise.
What is a Soft Tissue Injury?
There are generally two broad types of injuries after a car accident – soft tissue and hard tissue. Hard tissue injuries are generally known as fractures. These are caused where a bone is crushed, cracked, or somehow broken.
A soft tissue injury, on the other hand, occurs when a muscle, tendon, or ligament is torn or damaged in some way. Common injuries are:
Ligament Injuries
Ligament injuries come in three levels of severity, as explained by Physio Works.
- Grade 1: Mild (Referred to as a “sprain”)
- Grade 2: Moderate (More serious “sprain”)
- Grade 3: Severe (“Sprain” that involves torn ligament.)
Muscle Strains
This type of injury usually involves overexertion or pulling of one’s muscles, resulting in inflammation and pain. Typically, doctors recommend the RICE method (Rest, Ice, Compression, and Elevation), plus time for the muscle to repair itself and the swelling and inflammation to go down.
Tendonitis
Another characteristic injury of auto collisions is a tendon injury. A tendon connects bone to muscle tissue. For less severe tendon injuries, pain management and steroid injections may be used to control the pain and allow the tendon to stretch and heal naturally. However, in serious personal injury cases, a torn tendon may become separated and require surgical repair.
What are Common Types of Soft Tissue Injuries?
Soft tissue injuries affect muscles, ligaments, and tendons and can be caused by accidents, repetitive strain, or trauma. Here’s a breakdown of some of the most common types:
Ligament Injuries
Ligaments connect one bone to another, stabilizing joints. A sprain occurs when these ligaments stretch or tear. Depending on severity, sprains can range from mild (Grade 1) to severe (Grade 3). Severe ligament injuries can lead to chronic joint instability or require surgery.
According to the Mayo Clinic, untreated sprains or poorly healed ligaments may result in long-term complications, including weakened joints.
Tendonitis
Tendons attach muscles to bones, allowing movement. Tendonitis is the irritation or inflammation of a tendon, often caused by repetitive motions or sudden injuries. Severe tendon damage, typical in auto accidents, can lead to tendon rupture and require surgical intervention.
Aurora Health Care explains that prolonged or untreated tendonitis may transition into tendinosis, a chronic condition in which the tendon degenerates.
Strains and Muscle Injuries
Strains occur when muscles or tendons are overstretched or torn. Mild strains may heal with rest, but severe strains might result in scar tissue formation, reducing muscle flexibility and strength over time. Persistent muscle injuries could significantly limit mobility and functionality.
Whiplash
One of the most common soft tissue injuries from car accidents, whiplash results from a rapid back-and-forth movement of the neck. Whiplash can lead to persistent neck pain, headaches, and reduced range of motion if untreated, a condition that may become permanent in severe cases.
How Car Accidents Cause Soft Tissue Injuries
Maybe you remember your science classes from grade school. If so, you might also remember Newton’s Laws of Motion. To summarize Newton’s First Rule of Motion, an object at rest stays at rest, and an object in motion stays in motion, until acted upon by some outside force. The Third Rule says, “for every action, there is an equal and opposite re-action.”
When you are sitting inside of a car and the car is traveling 45 miles per hour, so are you. You and the car are both traveling at the same speed. When your car hits another object, such as a negligent driver’s vehicle that just ran a red light, the car is acted upon by an outside force that makes it stop moving at the same rate it was previously moving. You, however, continue moving until something stops you. This is usually a seat belt, a dashboard, a steering wheel, or, if not using a seat belt, the windshield.
This back-and-forth jerking motion caused by you moving forward in your seat can create whiplash, a painful neck injury that can last for months.
Visit: Fractures and Broken Bones After a Car Accident
How Soft Tissue Injuries Impact Your Life and Your Ability to Work
Soft tissue injuries cause physical discomfort and can significantly derail your everyday life. Here’s how they can affect you:
- Missed Work and Lost Income
Many victims are forced to take weeks, months, or even longer off work due to pain or limited mobility. Specific jobs that require physical labor or repetitive movements may become impossible. Even desk jobs may be challenging if sitting for prolonged periods worsens your pain.
- Limited Daily Activities
Permanent soft tissue damage can affect simple tasks like walking, driving, or climbing stairs. Activities requiring strength or fine motor skills, such as lifting items or typing, may also be hindered. This can limit independence and reduce overall quality of life, making engaging in hobbies, caring for your family, or maintaining a regular routine harder.
- Ongoing Medical Expenses
Soft tissue chronic injuries can require extensive physical therapy, pain management, or adaptive equipment, which can result in substantial medical bills. Others can require extended care or life adjustment, which can also cost additional money.
How are Soft Tissue Injuries Worse Than Fractures?
Every situation is different, but a bone can heal fairly quickly. A cast can be put in place to hold the bone steady and promote healing, as well. Still, a muscle or ligament injury can require complex arthroscopic surgery to repair the damage. Most non-displaced, closed fractures do not actually require surgery, whereas a lot of torn ligament injuries will require surgery in order to fully recover. Moreover, it is very difficult to fully stabilize a ligament or muscle, which can lead to easy re-injury or permanently limited range of motion.
Can Soft Tissue Damage Be Permanent? Long-Term Effects and Complications
Few people ask, ‘Can soft tissue damage be permanent?’ And yes, it probably is when significant or ignored injury leads to persistent pain, lost function, and prolonged effects. Even minor injuries can turn chronic if not given adequate time to heal. Scar tissue replaces damaged fibers, creating weaknesses that make re-injury more likely. Untreated injuries may also lead to joint instability, muscle imbalances, and ongoing inflammation, further impacting mobility and quality of life.
Severe soft tissue injuries may lead to:
- Chronic Pain: Ongoing discomfort due to nerve damage or persistent inflammation can severely impact the quality of life and daily routines. Chronic pain often requires long-term management strategies and can disrupt sleep and physical activity.
- Scar Tissue Formation: Scar tissue can build up over time, restricting the natural flexibility and function of muscles, tendons, or ligaments. This can lead to stiffness, decreased mobility, and discomfort during physical activities.
- Reduced Range of Motion: Scar tissue and joint instability can significantly limit movement, making it harder to perform everyday tasks like bending, lifting, or walking. This reduction in mobility can lead to further physical deconditioning.
- Psychological Effects: Chronic pain isn’t just physical—it often leads to emotional distress, anxiety, or depression. The ongoing struggle with pain can affect social interactions, work performance, and overall mental well-being.
Early intervention is key. Addressing soft tissue injuries promptly with medical treatment, rest, physical therapy, or surgery (in extreme cases) can improve outcomes and reduce the risk of permanent damage. Proper recovery can help restore strength, mobility, and overall function, allowing individuals to return to daily activities with less risk of re-injury.
Proving Permanent Soft Tissue Damage in a Personal Injury Claim
Establishing the extent of soft tissue damage can be tricky, as it is less visible than other injuries like fractures. Despite this, getting compensation is essential. The critical steps are:
- Documentation of Medical Evidence
Routine medical documentation is necessary.
- Testimony from Experts
Enlisting medical experts who can testify about your injury’s long-term effects is invaluable in proving your case.
- Explaining Functional Limitations
Demonstrating how your injuries impact your ability to work or carry out daily activities helps illustrate the severity of your condition.
- Legal Representation
Navigating personal injury laws in New York, including no-fault insurance challenges, requires skilled legal help. At the Law Office of Cohen & Jaffe, we’ve successfully represented injury victims and secured fair compensation for their pain, suffering, and financial losses.
FAQs
Can a soft tissue injury take years to heal?
Yes, severe soft tissue injuries may take years to heal fully. Some require months of physical therapy, rehabilitation, or surgeries before recovery.
Why is my soft tissue injury not healing?
Delayed healing could be caused by inadequate rest, improper rehabilitation, or underlying health issues like diabetes. Consulting a doctor can help identify and address the problem.
Is tissue damage reversible?
Mild soft tissue damage is often reversible with rest, therapy, and care. However, severe damage may lead to permanent scar tissue formation, reducing functionality.
Law Office of Cohen & Jaffe, LLP – Personal Injury Lawyers Fighting for Compensation
Sadly, even though Johns Hopkins Medical School recognizes the severity of soft tissue injuries, New York’s laws were written to limit recovery in personal injury cases. Since New York is a ‘no-fault’ state, your own insurance company is required to pay the reasonable cost of your medical care, unless you suffer a “serious injury.” New York law defines this under the Insurance Code, Sect. 5102(d), including things like death, dismemberment, disfigurement, and other permanent injuries. However, there is also a catch-all provision that essentially states that you can collect against the at-fault party for pain and suffering if the injury is severe enough that it lasts more than 90 days during the 180 days since the crash, and it must have had a significant impact on your daily life for at least that length of time.
Don’t Settle for Less: Get the Compensation You Deserve for Personal Injuries in Long Island, NY
If you’re wondering, ‘Can soft tissue damage be permanent?’ the reality is that many severe injuries lead to long-term complications. Contact the Law Office of Cohen & Jaffe today to protect your rights and secure the compensation you need.”. If someone else’s negligence caused your injury, you’re entitled to compensation for medical bills, lost wages, and the long-term impact on your quality of life. Free consultation.
