Soft-tissue injuries are among the most common injuries in car accidents and other personal injury cases. While they can cause significant pain and long-term complications, insurance companies often scrutinize these claims carefully. Unlike broken bones or visible wounds, soft-tissue injuries are not always apparent on X-rays, making it easier for insurers to question their severity.
At Simeone & Miller, we understand how insurance companies approach soft-tissue injury claims in Washington, DC, and we work to ensure our clients receive fair compensation for their injuries. Here’s how these claims are typically evaluated—and what you can do to strengthen your case.
What Are Soft-Tissue Injuries?
Soft-tissue injuries affect muscles, tendons, and ligaments rather than bones. Common examples include:
- Whiplash, often caused by rear-end collisions
- Sprains and strains, affecting joints like the knees, ankles, or wrists
- Contusions (bruises), resulting from blunt force trauma
- Tendonitis or bursitis, caused by overuse or sudden impact
These injuries can cause pain, swelling, reduced mobility, and in some cases, chronic discomfort that impacts your ability to work and perform daily activities.
Why Soft-Tissue Claims Are Challenging
Insurance companies often view soft-tissue injuries with skepticism because they can’t always be confirmed with objective medical tests. X-rays may appear normal, and MRIs are not always ordered immediately. As a result, insurers may argue that:
- Your injury is minor or exaggerated
- Your pain is due to a preexisting condition, not the accident
- You delayed medical treatment, indicating the injury wasn’t serious
- Your medical records lack detailed documentation of your symptoms
This approach allows insurers to offer lower settlements or deny claims altogether, which is why it’s essential to work with an experienced attorney early in the process.
Factors Insurance Companies Consider When Evaluating Soft-Tissue Injury Claims
When assessing a soft-tissue injury claim, insurance adjusters examine several key factors to determine the claim’s value:
Timing and Consistency of Medical Treatment
Insurers look at how soon after the accident you sought treatment and whether you followed up consistently. Delays in seeking care or gaps in treatment can be used to suggest the injury was not serious.
Medical Documentation
Detailed medical records are crucial. Adjusters review doctors’ notes, diagnostic tests, physical therapy records, and any prescribed medications to assess the severity and duration of your injury.
Objective Findings vs. Subjective Complaints
Because soft-tissue injuries often rely on self-reported symptoms, insurers give more weight to objective findings, such as range-of-motion tests, swelling, or documented muscle spasms. The lack of objective evidence can reduce the settlement value.
Impact on Daily Life and Work
If your injury affects your ability to perform job duties or daily activities, this can increase the claim’s value. Insurers will review lost wages, time missed from work, and statements about functional limitations.
Consistency of Your Statements
Adjusters compare your statements to doctors, police, and insurers. Any inconsistencies can be used to challenge credibility and reduce the settlement offer.
Amount of Property Damage Resulting from the Impact
While people can be injured in accidents that result in very little damage to the vehicles involved, insurance companies often dispute that someone was injured in accidents with small or no property damage. It is therefore very helpful to document all the property damage through photographs, videos, and repair invoices that detail the damage done and necessary repairs.
Prior Medical History
Insurers will examine whether you had similar injuries in the past. If they find a preexisting condition, they may argue that the accident did not cause your current symptoms.
Common Tactics Insurers Use to Minimize Soft-Tissue Claims
Even if your claim is legitimate, insurance companies may employ strategies to reduce their payout:
- Offering quick, low settlements before the full extent of your injury is known
- Arguing that your injuries are subjective and unproven
- Requesting independent medical examinations (IMEs) by doctors who may downplay your symptoms
- Suggesting you contributed to your own injury through shared fault or failure to mitigate damages
These tactics are designed to pressure you into accepting less compensation than you deserve.
How to Strengthen Your Soft-Tissue Injury Claim
Successfully proving the seriousness of a soft-tissue injury requires strong evidence and strategic legal advocacy. Here are steps that can help:
- Seek prompt medical attention after the accident, even if symptoms seem mild at first.
- Follow all medical advice and complete treatment, including physical therapy.
- Keep a symptom diary to track pain levels, mobility issues, and daily limitations.
- Photograph the damage to the vehicles and any visible injuries.
- Save all medical bills and employment records showing lost wages.
- Avoid giving recorded statements to insurance companies without legal counsel.
- Work with an experienced personal injury attorney who understands how to present medical evidence effectively.
Get Help from Simeone & Miller After a Soft-Tissue Injury
Filing a soft-tissue injury claim can be challenging, but you don’t have to face insurance companies alone. At Simeone & Miller, we know how insurers evaluate these claims and how to build strong cases to prove the seriousness of your injuries. Our attorneys have decades of experience representing injury victims throughout Washington, DC, and we fight to secure the maximum compensation available.
If you’ve suffered a soft-tissue injury in an accident, contact Simeone & Miller today for a free consultation. We’ll review your case, handle the negotiations with insurers, and protect your rights every step of the way.
