When you suffer an injury in an accident, understanding the type of injury you’ve sustained is the first step toward recovery and seeking fair compensation. Seeking legal help is important because insurance companies often downplay the seriousness of specific injuries, particularly those involving the back and neck. You need to make sure your voice is heard and your claim is taken seriously.
At Preston Day Law, PLLC, we're committed to guiding Utah residents through this process. Attorney Preston Day brings years of dedicated experience to personal injury cases, offering personalized service across Utah County, Salt Lake County, and the surrounding communities.
What Are Soft Tissue Injuries?
Soft tissue injuries are among the most common types of injuries resulting from accidents, especially car crashes and falls. These injuries affect the body's connective tissues, such as muscles, ligaments, and tendons, rather than bones.
Whiplash is a well-known example. It happens when a sudden jolt forces your neck to scurry back and forth, straining its muscles and ligaments. Other common soft-tissue injuries include sprains (injuries to ligaments) and strains (injuries to muscles or tendons). These can occur anywhere in the body, from the ankles and wrists to the back and shoulders.
The main challenge with soft-tissue injuries is that they are not always visible on standard imaging tests, such as X-rays. This can lead insurance adjusters to question the severity or even the existence of the claim. Symptoms such as pain, swelling, stiffness, and limited mobility may not appear immediately after an accident, sometimes taking hours or days to develop. This delay can make it tough to connect the injury to the incident that caused it.
Understanding Disc Injuries
Disc injuries are more specific and often more serious than general soft tissue damage. The spine is made up of bones called vertebrae, and between each vertebra is a rubbery cushion called an intervertebral disc. These discs act as shock absorbers, allowing your spine to remain flexible. An accident can damage these discs. There are several ways a disc can be injured:
Herniated disc: Also called a slipped or ruptured disc, this occurs when the soft, gel-like center of a disc pushes out through a tear in its tough exterior. This material can press on nearby nerves, causing significant pain, numbness, or weakness.
Bulging disc: This happens when a disc swells and protrudes outward from its normal space between the vertebrae. Although the outer layer is intact, the bulge can still put pressure on spinal nerves.
Degenerative disc disease: While often associated with aging, trauma from an accident can accelerate the wear and tear on spinal discs, causing them to thin and break down more quickly. This can lead to chronic pain and reduced spinal stability.
Unlike many soft tissue injuries, disc damage is often visible on advanced imaging like an MRI or CT scan. This provides concrete medical evidence to support a personal injury claim.
Key Differences in Legal Claims
When pursuing a personal injury claim, the differences between soft tissue and disc injuries become very clear. The required evidence, potential compensation, and key legal strategy all vary significantly.
Proving the Injury
For a soft tissue claim, proving the injury often relies heavily on medical records documenting your symptoms, the doctor's diagnosis, and the prescribed treatment plan. Because there might not be a definitive image showing the damage, consistent medical care and clear documentation of your pain and limitations are vital. Your testimony about how the injury affects your daily life is also key evidence.
With a disc injury claim, an MRI or CT scan can provide objective proof of the damage. This medical imaging makes it more difficult for an insurance company to dispute the existence of the injury. However, the insurer may still argue that the disc condition was pre-existing and not caused by the accident. We work with medical professionals to establish a direct link between the trauma of the accident and the resulting disc injury.
Valuing the Claim
The potential value of a claim is another major point of difference. Generally, disc injury claims result in higher compensation amounts than soft tissue claims. This is because disc injuries often involve more intense pain, require more extensive and expensive medical treatment, and are more likely to result in long-term or permanent complications.
Treatment for a herniated or bulging disc can range from physical therapy and pain management injections to complex spinal surgery. The recovery can be long, and some individuals may never fully regain their prior level of function. This can lead to significant lost wages and a diminished capacity to earn income in the future.
These factors all contribute to a higher settlement value. While soft tissue injuries can also be painful and disruptive, they typically heal more quickly with less invasive treatment, leading to lower overall medical costs and related damages.
Utah Laws and Injury Claims
In Utah, personal injury claims are governed by specific statutes that can affect your case. Utah is a "no-fault" car insurance state, which means your own Personal Injury Protection (PIP) coverage is the first source of payment for medical bills, up to a certain limit. To step outside the no-fault system and file a claim against the at-fault driver for pain and suffering, your injury must meet a certain threshold.
This threshold can be met if your medical expenses exceed $3,000 or if you have sustained a permanent impairment, disfigurement, or disability. A serious disc injury that requires surgery or results in chronic pain often easily meets this threshold. A minor soft tissue injury might not, which could limit your ability to recover damages beyond your medical bills.
Additionally, Utah follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your share of the fault is not 50% or greater. However, your total compensation will be reduced by your percentage of fault. We work to gather evidence to show that the other party was primarily responsible for the accident that caused your injury.
Personal Injury Attorney in Utah County, Utah
At Preston Day Law, PLLC, we understand how a personal injury can disrupt your life. Our firm strives to lighten your load by offering clear, supportive guidance if you decide to pursue compensation. Our attorney draws on years of experience and a solid grasp of Utah law to serve clients throughout Utah County and Salt Lake County.
We define our practice through effective communication and tailored service, which allows our clients to receive high-quality representation. As a trusted advocate for Utah and Salt Lake Counties, Attorney Preston Day defends clients' rights with knowledgeable legal counsel and compassion. Call now to schedule a consultation.
