Recovering Damages for Whiplash and Soft Tissue Injuries

At the Delaware law firm of Rahaim & Saints, our attorneys help clients recover personal injury damages and workers' compensation benefits for such soft tissue injuries such as whiplash, repetitive stress injuries, and damage to knees, shoulders or wrists.

Whether your injury occurred suddenly in an auto accident or reflects chronic problems over years of demanding work, we can advise you about your rights. Contact our lawyers in Wilmington or Newark for a free consultation about your legal options.

Soft Tissue Injuries - An Overview

Injuries to muscles, ligaments and tendons are often referred to as soft tissue injuries. Although they may be difficult to recognize with the naked eye, these injuries can be long lasting and painful. Soft tissue injuries are so named because they do not involve damage to bone or organs. They are frequently the result of a single occurrence, such as an automobile accident — even a seemingly minor fender bender can cause soft tissue injuries. A common example of a single-occurrence soft tissue injury is a condition known as whiplash, an injury to the ligaments and muscles in the neck that happens as a result of rapid backward-and-forward movement of the head. If you have suffered a soft tissue injury, consult a personal injury attorney as soon as possible to discuss your legal remedies.

Types of Soft Tissue Injuries

While car accidents are a common cause of soft tissue injuries, it is important to note that soft tissue injuries can happen in numerous other ways, including gradually as a result of repetitive movements. This often happens on the job, resulting in conditions such as carpal tunnel syndrome, and through overstretching of the muscles and joints. Whatever the cause, soft tissue injuries include:

• Strain (overstretching or tear of muscle or tendon)
• Sprain (overstretching or tear of ligament)
• Bursitis or tendonitis
• Contusion/bruise
• Dislocation
• Nerve damage

Legal Liability for Your Injuries

You may have suffered a soft tissue injury in a car accident, after a slip and fall in a grocery store or as a result of the repetitive movement that is required in your job. The causes of soft tissue injuries are as diverse as the injuries themselves. If you have suffered such an injury, you may be able to seek compensation from the person or business at fault.

If you have been injured due to another party's negligence, you and your attorney will need to show that the other party (the defendant) owed you a duty of care but failed to act reasonably and that your injury is a result of the defendant's failure. If the person who injured you was on the job, the employer also may be legally at fault. The procedures that you and your attorney use in pursuing compensation could include negotiation, mediation, arbitration or trial.

If your soft tissue injuries are a result of the tasks you perform at work, the case is slightly more complicated. Your legal remedy may be limited to workers' compensation, or you may be able to take additional legal action against your employer. Whatever the specific circumstances of your case, an experienced attorney will be able to assess the facts and determine your legal rights.

Issues of Proof

Because soft tissue injuries are often unaccompanied by signs like bleeding or broken bones, they can be difficult to recognize during a medical examination. A visual examination of the patient and techniques such as X-rays often do little to aid in diagnosis. Compounding this problem is the fact that soft tissue injuries may not become apparent immediately after the accident or incident but instead may emerge after a day or more. These problems can lead to challenges in proving the extent and severity of the injuries in a lawsuit.

In order to ensure your proper medical treatment and help establish the nature of your injuries, your attorney may want you to see a medical specialist like an orthopedist, neurologist, chiropractor, physical therapist or massage therapist. Your attorney will also fight to see that you are compensated for the impact of your soft tissue injuries on your physical, financial and emotional well-being.

What You Can Do

If you have been involved in an automobile accident, are experiencing pain due to repetitive movement at work or have been involved in any other incident that caused soft tissue injuries, it is important that you obtain proper medical treatment for your injuries. It is also important to contact an attorney who will help you assert your legal rights.

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