Personal injury settlements usually include the cost of medical bills and lost income, but sometimes, the damage is longer lasting. When an injury causes long-term mental or physical pain and suffering, you may qualify for a higher settlement. Learn more about the different types of injuries that may qualify for pain and suffering compensation.
Hard Tissue Injuries
Hard tissue refers to the bones inside your body, so if you break your leg, the injury considered a hard tissue injury. There are actually several types of bone fractures. They are all considered hard tissue injuries, but some are more serious than others. A stable, closed fracture, for example, requires little work to fix because the bone
is still aligned
properly and not protruding through the skin.
In an open compound fracture, the bone may have penetrated through the skin, but this
isn't
always the case. This type of fracture requires more effort to fix, such as repositioning the bone and stitching the leg.
Regardless of the type of break, hard tissue injuries take a while to heal because blood flow to hard tissue is minimal. On the bright side, however, hard tissue injuries are incredibly easy to prove in your personal injury case thanks to X-rays and MRIs that actually show the damaged bone. For this reason, hard tissue injuries make it easier to win pain and suffering compensation.
Soft Tissue Injuries
Soft tissue refers to any body tissue other than your bones, spine, and skull. This includes muscles, tendons, ligaments, connective tissues, etc. A bruise, for example, is a common type of soft tissue injury. Soft tissue injuries can also be much more serious, such as whiplash, which can severely injury the muscles in your neck, leading to pain, stiffness, and limited mobility.
The big problem with soft tissue injuries is that they are hard to prove. Even when you can prove that you were injured, you may not be able to easily prove the extent of the damage. X-rays and MRIs
can't
see soft tissue damage, so the courts have to solely rely on your complaints and the doctor's medical
notes, and even a skilled doctor may not be able to fully understand the long-term complications of your soft tissue injury.
Soft tissue injuries also tend to heal faster, as long as you receive proper treatment. However, without
treatment, you may experience worsening symptoms as muscles continue to remain strained and tight. This doesn't mean you qualify for pain and suffering compensation, however, because you could have taken steps to correct the problem.
On the other hand, if the soft tissue injury will cause long-term problems (even with treatment), you may win larger pain and suffering compensation. For example, if severe damage to your muscle causes a deformation or permanent weakness, you may have a case for pain and suffering.
Mental Suffering
Pain and suffering doesn't just include physical suffering. Many injuries can affect your mental health too. Some injuries can actually cause permanent brain damage, leading to permanent learning disabilities.
Of course, even if your brain isn't physically damaged during the injury, you can experience mental pain and suffering. This may happen if your appearance was physically altered due to the accident. Scars and deformities can cause depression and low self-esteem, which lead to further problems such as addiction or self-harm.
Even if you appear perfectly fine after the injury, however, you may have residual mental suffering, such as anger, PTSD, or anxiety. Typically, if the accident has affected the overall quality of your life, you are dealing with pain and suffering.
A case for mental suffering can be more difficult to win. Mental pain is even harder to prove than soft tissue damage, so you will need to work closely with your doctor to help document all your mental suffering.
Pain and suffering is real, but it is often difficult to prove. If your injuries will affect you for the rest of your life, you deserve a fair settlement. For more information, contact usat Law Offices of Janice Maloney.
