What is a soft tissue injury?

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The term “soft tissue injury” is not a medical term. In fact, it is not a legal term either. Before Florida adopted the no-fault law for automobile accidents in 1971, the phrase “soft tissue injury” didn’t exist, anywhere. The phrase “soft tissue injury” was coined by the insurance industry to persuade the public, juries and judges that some injuries do not matter and should not be taken seriously and in no case can be long standing or permanent in duration. Unfortunately, the insurance industry has been successful in a campaign over many years to influence public perception that anyone who claims a soft tissue injury really isn’t injured and shouldn’t get money if the injuries resulted from the negligence of another motorist.

What’s behind the insurance industry spin machine?

Obviously, if the public and juries buy into the cynicism of dismissing anyone who claims to have been hurt as a result of a “soft tissue injury,” insurance companies get off the hook from their responsibility to make injured people whole and fully compensated. This idea plays nicely with the Florida motor vehicle No-Fault law that says you don’t get non-economic damages unless you have a “permanent injury.” Medical textbooks and professors don’t teach our doctors and physicians about this either, but it is on the books and that means that a jury gets to decide what is permanent or not. If a jury says the “soft tissue injury” is not permanent, Florida’s No-Fault law prohibits any compensation for the hurt and limitations that don’t result in a loss of money to the injury victim.

In reality, medical professionals who care for and treat patients don’t classify injuries as the “soft tissue” variety, or otherwise. Good doctors treat patients with injuries without regard to how an insurance company wants the public to perceive them. Doctors know that an injury to soft tissues in the human body is often more painful and debilitating than a broken bone. Besides bones, the human body is all “soft tissues.” The brain, spinal cord, central nervous system, tendons, ligaments and all of the blood vessels and heart are all technically “soft tissues.” No one would assert that any injuries to these parts of the body would always be minor or unimportant, or that they couldn’t last a lifetime. Just think about a herniated disc in the spine that impinges upon a nerve root, a traumatic injury to the brain, or a torn tendon in the knee or shoulder. Sometimes these injuries can be extremely painful and life changing in tragic ways.

When the insurance industry attempts to undermine serious injuries with silly word games, you need a lawyer who will call out this type of tactic for what it is: Baloney! Full accountability, for negligent drivers and the insurance companies who insure them requires full compensation. The lawyers at PERENICH The Law Firm know that auto accidents cause serious injuries and we go to trial when we have to prove it to a jury.

If you or someone in your family has been hurt because of the negligence of another motorist, call us so that we can help you get fair compensation for any injury, no matter what they’re called.

Terence Perenich, a founding partner of PERENICH The Law Firm, is a personal injury lawyer who has been practicing law in Clearwater since 1992.