How the type of injury affects settlement value

“Specials” which is the term used to refer to the amount of money spent assessing injuries and the type of injury, are both the most important factors when it comes to determining a PI case settlement.

Insurances usually divide injuries into two main categories, “Soft Tissue Injuries” and “Hard Injuries”. If the injury fits into one of the more serious categories, it works to the advantage of the client. But if the injury fits into a less serious one, then it has to be proven through other means that the injury did indeed cause significant pain and suffering. 

Soft Tissue Injuries

Where the major evidence is the description of discomfort by the patient. They involve only muscles and other soft connective tissue.

Insurance Companies reason that soft tissue injuries are usually not permanent or dangerous regardless of how painful they may be. They also know that they’re harder to prove in case of a claim arriving at court.

This is why these cases, if not addressed well enough, will only get assigned a damages formula multiplier of only one-and-a-half to three times specials.

Hard Injuries

Cases that can be specifically detected through the examination. For which the value of a claim can go up four or five times, and sometimes higher, than soft tissue injuries specials.

These are some of the most common hard injury cases:

  • Broken Bones
  • Head Injuries
  • Separations, dislocations or tears
  • Wounds
  • Spinal movement or displacement

In our office, we work our best towards getting the most out of soft tissue injuries. We’re able to detect permanent ligamentous injury with a brand new digital x-ray unit capable of drawing and calculating Alteration of Motion Segment Integrity (AOMSI). 

AOMSI warrants a 25% whole-person impairment and would likely be missed by most practitioners in the area.

We are also capable of listing diagnoses and documenting the multi-disciplinary approach and consensus with the physicians in our referral network. This drives the colossus value higher and will result in higher settlement offers.

Giving enough attention to this is not only crucial to the patient receiving proper care, but also to them receiving fair compensation. 

I hope this comes in handy when building your next personal injury claim.

Let us know if you need any assistance with clear and comprehensive documentation. 

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