What is the Average Payout for Soft Tissue Injury?August 17, 2023
Average Soft Tissue Injury Settlement Amount in Ontario
Wondering what the average soft tissue injury settlement in Ontario is? The province in which you live determines the type of payout for soft tissue injury you could receive in a settlement in Canada. For example, the average settlement for a soft tissue injury in Ontario will be different from a settlement in Newfoundland or British Columbia. Provinces have a cap on injury claims regarding pain/suffering, and the courts set general ranges for a payout as an award for mild and severe injury claims. A mild soft tissue injury can be between $5,000 and $10,000 and a severe injury settlement may be approximately $80,000 to $100,000. It is important to note that there is also a deductible of up to $38,818.97 for soft tissue injury settlements in Ontario which will impact the amount of payout a person may expect.
Jump To: What Are Soft Tissue Injuries?, Accidents That Commonly Cause Soft Tissue Injuries, Steps Following an Injury in the Workplace, Forms of Payout For A Soft-Tissue Injury Settlement, Contact A Soft Tissue Injury Settlement Lawyer in Ontario
Understanding Soft Tissue Injury Settlement Ontario
What happens when you receive an injury on the job or in an automobile accident? If you have suffered a soft tissue injury due to someone else’s negligence, you may be entitled to a soft tissue injury insurance claim. This type of injury could result in pain and suffering throughout your life which means an insurance settlement may be your best option for recovery.
A soft tissue injury settlement in Ontario may include pain/suffering, loss of income, short-term or long-term disability, and medical expenses. The steps to take for proving personal injuries caused in the workplace or by an automobile or a truck accident are different so it’s important to know where to turn when dealing with a soft tissue injury to get reliable information and help with the steps to file a claim. You need legal advice and/or representation to answer all your questions relating to your concerns.
What Are Soft Tissue Injuries?
Damage to ligaments, tendons, and muscles are known as soft tissue injuries. Soft tissue injuries are common during sports and exercise as well as through everyday activities. They are also very common after an accident. A soft tissue injury may be referred to as a sprain or strain. Tendonitis and bursitis are also forms of soft tissue injuries. One issue with soft tissue injuries is that they can take a significant amount of time to heal. Acute soft tissue injury is caused by a sudden trauma, such as a fall, twists or blow to the body while a chronic soft tissue injury is caused by repeatedly using a muscle or joint without the right amount of rest in between.
Accidents That Commonly Cause Soft Tissue Injuries
One of the most common accidents that cause an acute soft tissue injury are slips and falls. However, it is possible to suffer this type of injury in an automobile accident as well. A chronic soft tissue injury is usually related to a workplace issue and may be covered under a different type of soft tissue injury insurance claim in Ontario. Soft tissue injuries are difficult to document, and it is not unusual for you to receive a soft tissue injury settlement insurance claim denial from the company. In fact, many companies view soft tissue injury insurance claims skeptically which can make settlement difficult.
Canada Safety Council reports that it costs approximately $4 billion every year to help the injured recover from soft tissue injuries as a result of vehicle accidents. Whiplash and other related tissue injuries are costly for holders of insurance policies, which represent 80 percent of soft tissue injuries.
Steps Following an Injury in the Workplace
If you have been injured in the workplace and are now suffering a soft-tissue injury a licensed lawyer is helpful if an employer, for example, refuses to acknowledge you received injuries from work-related activities or to file workers’ compensation.
- Inform a supervisor or manager immediately of the accident and injury. If an employer has a human resource department, you may have to file a formal report.
- If the injury is minor, try first aid from your employer to see if it relieves your aches or pain. For severe injuries, seek medical attention at a hospital or a medical physician.
- Record detailed notes in writing of what literally happened in the workplace to cause your accident and physical pain.
- File for workers’ compensation if your injury causes you to stop working temporarily because of a prolonged healing process and required treatments. While employers try to avoid using workers’ compensation insurance, you can ask your physician to send a professional medical report to Workplace Safety and Insurance Board (WSIB).
Steps to Take After Receiving an Injury From an Auto Accident
- Take pictures of the scene and automobiles and exchange information between the parties involved in the accident.
- Speak with a lawyer who specializes in personal injuries and receive medical care, if your injury is severe and painful. Describe thoroughly in writing how, when, and where the accident occurred and other significant events.
- You must report the accident and injuries as soon as possible to your insurance carrier.
Forms of Payout For A Soft-Tissue Injury Settlement
Pain and suffering is a form of compensation included in a settlement claim for physical and mental injuries resulting from an accident.
Loss of income and/or future earnings are forms of payouts for time missed from work and the inability to work permanently.
Physical ability loss is another form of payout that allows you to recoup the value of household services if your doctor diagnoses you with a disability because of an injury.
Medical expenses such as medical and therapy treatments incurred from a personal injury that a group insurance policy may deny payment coverage.
Research from the Institute for Work and Health shows that most compensation injuries in Canada include pain in the arm, back, and neck. A soft tissue injury can be mild to severe to the muscles, ligaments, joints, nerves, and tendons. The most common injury is to the back, with information suggesting 50 percent to 80 percent of the world’s industrialized countries experience back pain.
Whiplash Disorder Scale
The categorization system used is known as the Whiplash Associated Disorder Scale which grades your injury from a level one to four. For instance, if your doctor believes you have severe neck pain that may also include fracture-dislocation, your soft tissue injury insurance claim may be categorized as a four. Because whiplash and other soft tissue injury diagnoses can be subjective, it could be difficult getting a higher category on your own. Keep in mind that there are some soft tissue injuries that may be permanent, requiring lifelong treatment.
How to Prove You Have a Soft Tissue Injury Claim
You will need to provide medical records that state you have a soft tissue injury in order to successfully file a soft tissue injury insurance claim. This may include certification from your doctor, medical tests, and other documents that demonstrate the extent of your injury. It is critical that you not over-exaggerate your injuries in order to obtain a larger claim as you could face legal ramifications should it be discovered your injuries are not as serious as you report. Keep in mind that it can take several years to recover from some soft tissue injuries. It is also important that you follow your doctor’s advice regarding recovery. More than likely you will be ordered to rest, ice, compress and elevate the area that is injured (RICE). There may also be physical therapies available to help promote healing. No matter what your doctor orders, it is critical that you follow those instructions to avoid a soft tissue injury insurance claim denial.
Contact A Soft Tissue Injury Settlement Lawyer in Ontario
In order to receive a settlement that will compensate you for your soft tissue injury you need to hire a lawyer. Your legal representative will know if you are eligible to file a settlement claim and recover monetarily for pain and suffering and look out for your interests and fight to get you the compensation you deserve. If it does require going to court, the lawyer will be your voice in the courtroom, presenting your side of the events and helping you receive what you are entitled to under the law.
You should make a list of questions to ask a lawyer during a free consultation to learn the possibilities of being awarded your settlement claim. Most claimants want to know what is the average payout for soft tissue injuries and the waiting time before they receive compensation for lost wages.
If you have suffered a soft tissue injury, contact the Himpro team today online or call 1-855-446-7765 to learn how we can help. We have the legal expertise and knowledge to get your claim filed and processed for soft tissue injury settlement in Ontario. You can arrange for a no-obligation consultation by calling or filling out the easy online form today. Our job is to fight for you and help you get what you are entitled to for your pain and suffering.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.