“It’s Just a Soft Tissue Injury”: What That Means for Your Claim, From a Personal Injury Lawyer and Former Insurance Adjuster
You were hit by another car a day or two ago. Your neck is stiff, your back hurts, and maybe you have not even seen a doctor yet.
Then the other driver’s insurance adjuster calls.
They are friendly. They ask how you are feeling. Maybe they tell you it sounds like a soft tissue injury, something like being sore after a hard workout and suggest you will probably feel better in a few days.
But there is an important problem:
The insurance adjuster is not your doctor, and it may be far too early to know the full extent of your injuries.
Today, I am a Texas personal injury lawyer representing people injured in accidents. Before becoming an attorney, I spent more than a decade handling and managing insurance claims, including as a licensed Executive General Adjuster.
I know how insurance companies evaluate injury claims and why the words used to describe an injury can matter. My experience informs how I approach car accident injury claims.
Before you read: The information below is general. Every accident, injury, and insurance claim is different. Insurance carriers handle claims differently, and available coverage varies by policy. Nothing here is medical advice. Follow the advice of your own medical providers and speak with an attorney about the specific facts of your claim.
What Is a Soft Tissue Injury?
“Soft tissue” generally refers to muscles, tendons, ligaments, and other non-bony tissues. The National Institutes of Health’s MedlinePlus guide to sprains and strains explains common soft tissue injuries and their symptoms.
After a car accident, symptoms may include:
- Neck pain;
- Back pain;
- Stiffness;
- Muscle spasms;
- Limited range of motion;
- Swelling;
- Tenderness;
- Headaches; or
- Pain that worsens with movement.
Some people recover relatively quickly.
Others do not.
The phrase “soft tissue injury” describes a category of injury. It does not tell you how much pain someone is experiencing, how long symptoms will last, what treatment may be necessary, or whether additional evaluation will identify another condition.
Those are medical questions.
What Initially Feels Like Soreness May Need Further Evaluation
Immediately after a crash, you may not know exactly what is injured.
You may feel stiff or sore.
Symptoms may change over the following hours or days.
A medical provider may begin with a physical examination and, depending on your symptoms and clinical findings, determine whether imaging, specialist evaluation, therapy, medication, or other care is appropriate.
An insurance adjuster cannot make that determination for you.
Neither can your lawyer.
Your medical providers should determine what evaluation and treatment are appropriate based on your symptoms and condition.
Why Does the “Soft Tissue” Label Matter to an Insurance Claim?
Insurance companies evaluate bodily injury claims based on many factors.
Those may include:
- The accident facts;
- Vehicle damage;
- Medical records;
- Diagnoses;
- Treatment;
- Imaging;
- Duration of symptoms;
- Prior medical history;
- Lost income;
- Consistency of complaints;
- Gaps in treatment;
- Whether additional treatment is anticipated; and
- Other evidence.
How the injury is characterized can become part of that evaluation. Understanding how insurance companies evaluate car accident claims can help explain why the medical documentation and accident evidence matter.
A claim involving temporary soreness that resolves quickly is different from a claim involving persistent symptoms, objective findings, substantial treatment, or a more significant diagnosis.
That is why it can be problematic to decide what an injury is worth before the medical picture is reasonably understood. The nature of the injury and its effect on your life can also matter when evaluating pain and suffering in Texas.
Take Care of Your Health Before Worrying About Claim Value
After an accident, people often immediately ask:
“What is my case worth?”
That is understandable.
But if the accident just happened and you are still experiencing symptoms, there may not yet be enough information to answer that question responsibly.
Your first priority should be your health.
If you are injured, obtain appropriate medical evaluation.
Tell your medical providers accurately what you are experiencing.
Follow reasonable medical advice.
Do not seek unnecessary treatment merely to increase the value of a claim.
But do not avoid appropriate care because an insurance adjuster told you the injury is probably minor.
The insurance company does not determine what medical care you need.
Treatment Gaps Can Become an Issue
From the insurance side, one issue that frequently comes up is a gap in medical treatment.
The argument may be straightforward:
If someone was seriously hurting, why did they wait weeks to seek care?
Or:
If the symptoms were continuing, why did treatment stop for two months?
- There may be legitimate explanations.
- Maybe you could not get an appointment.
- Maybe you lacked transportation.
- Maybe you were trying to work.
- Maybe you were caring for children.
- Maybe you did not have health insurance.
- Maybe you initially believed the pain would resolve.
Those circumstances matter.
But from an evidentiary standpoint, unexplained gaps can become part of the carrier’s evaluation of the claim.
The answer is not to obtain unnecessary treatment.
The answer is to take your health seriously and communicate honestly with your medical providers.
Be Careful About Downplaying How You Feel
People often minimize symptoms in ordinary conversation.
Someone asks:
“How are you?”
You say:
“I’m fine.”
That is normal social behavior.
But when speaking with an insurance adjuster after an accident, understand that your description of your condition may become part of the claim file. Be cautious about what you tell the adjuster, including in a recorded statement.
Do not exaggerate.
But do not minimize your symptoms simply to be polite.
If your neck hurts, say your neck hurts.
If your back is stiff, say so.
If you are experiencing headaches, numbness, weakness, dizziness, or other symptoms, accurately describe what you are experiencing.
If you have not been diagnosed, do not guess at the diagnosis.
You can simply explain your symptoms and say that you are still being evaluated.
Check Your Own Auto Policy for PIP Coverage
After a Texas car accident, do not focus only on the other driver’s insurance.
Check your own policy.
Texas auto policies may include Personal Injury Protection, commonly called PIP, unless it was rejected in writing.
Depending on the policy and circumstances, PIP may provide benefits for certain medical expenses and lost income regardless of who caused the accident.
The amount of available coverage varies.
If you have PIP, it may provide a source of benefits while the liability claim against the at-fault driver is still being investigated or negotiated.
You may also have other potentially relevant coverage, such as uninsured or underinsured motorist coverage, depending on your policy. A personal injury consultation can be an opportunity to review the insurance information and documents relevant to your claim.
Be Careful About Settling Too Early
Early settlement is not automatically bad.
Some injuries resolve quickly.
Some claims are straightforward.
And sometimes an early resolution makes sense.
The concern is whether you have enough information to make an informed decision.
Before settling a bodily injury claim, ask:
- Do I understand my injuries?
- Have my symptoms resolved?
- Do my doctors expect additional treatment?
- Are medical bills still arriving?
- Have I missed work?
- Could I miss additional work?
- Do I know what insurance coverage is available?
- What claims am I releasing?
Once a claim is finally settled and released, you generally cannot simply reopen it because the injury later turns out to be more significant than you expected.
Understanding the factors that affect personal injury settlements may help you identify questions to consider before making a decision.
What If the Adjuster Says, “We’re Going to Close Your File”?
Do not panic.
An adjuster may tell you the carrier is closing its file because it has not heard from you or because there has been no recent activity.
That does not necessarily mean your legal claim disappeared that day.
An insurance company’s internal claim-file status is not necessarily the same thing as the legal deadline for bringing a claim.
At the same time, you should never ignore actual legal deadlines.
Texas personal injury claims are subject to statutes of limitations and potentially other notice or procedural requirements depending on the parties and circumstances.
If you are unsure about a deadline, speak with a lawyer rather than relying on what an adjuster says about the carrier’s internal file.
You Do Not Have to Handle the Claim on the Insurance Company’s Timeline
The insurance company has a job to do.
It investigates the accident.
It evaluates liability.
It reviews medical information.
It evaluates damages.
And eventually it decides what it is willing to pay.
You have a different job.
Your job is to take care of your health, preserve evidence, understand your rights, and make informed decisions.
Those timelines are not always the same.
You should comply with legitimate legal and contractual obligations and be mindful of applicable deadlines.
But you do not need to rush into resolving an injury claim simply because the insurance company wants an early answer.
What If the Accident Did Not Cause Major Vehicle Damage?
Insurance companies may consider the severity of the impact and vehicle damage when evaluating whether the claimed injuries are consistent with the accident.
But property damage is only one piece of evidence.
The absence of dramatic visible vehicle damage does not, by itself, diagnose the occupants.
Likewise, significant vehicle damage does not automatically establish the severity of a particular injury.
Medical providers evaluate the person.
The claim should be evaluated based on the full evidence, including the accident circumstances, symptoms, medical findings, treatment, and other relevant information.
Prior Injuries Do Not Automatically End a Claim
Another common issue is prior medical history.
If you previously had neck pain, back pain, or another condition involving the same body part, expect the carrier to examine it.
That does not automatically mean the new accident caused nothing.
The important questions may include:
- What was your condition before the accident?
- Were you actively treating?
- Have your symptoms been resolved?
- Did the accident worsen an existing condition?
- Are there new symptoms?
- What do the medical records show?
Be truthful about prior conditions.
Trying to hide prior treatment can create a much larger credibility problem than the prior condition itself.
Talk to a Personal Injury Lawyer and Former Insurance Adjuster
My perspective on injury claims comes from both sides of the insurance process.
Today, I am a Texas personal injury lawyer representing people injured in car and truck accidents.
Before becoming an attorney, I spent more than a decade handling and managing insurance claims, including as a licensed Executive General Adjuster.
I understand how insurance companies evaluate injury claims, what documentation adjusters look for, and how medical evidence, treatment history, prior conditions, and timing can affect the carrier’s evaluation.
Now I use that experience on behalf of injured people.
If an adjuster has characterized your injuries as “just soft tissue,” is asking you to settle before you understand the extent of your injuries, or you simply want to understand what your claim may involve, let’s talk.
Herrera PLLC represents injured people in Houston and throughout Texas, in English and Spanish.
Call (832) 891-3210 for a free consultation with a personal injury lawyer and former insurance adjuster.
You owe no attorney’s fees unless we recover for you.
Hablamos español.
Herrera PLLC
2339 Commerce Street, #172
Houston, Texas 77002
Phone: 832-891-3210
Email: jherrera@jh-lawpllc.com
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Frequently Asked Questions
Soft tissue generally includes muscles, tendons, ligaments, and similar tissues. After a crash, soft-tissue injuries may involve neck or back pain, stiffness, muscle spasms, swelling, tenderness, and limited range of motion. A medical provider should evaluate your specific symptoms.
The phrase may be used to describe the type of injury reflected in the medical information available at that point. Insurance companies consider the diagnosis along with treatment, duration of symptoms, medical findings, accident circumstances, prior history, and other evidence when evaluating a bodily injury claim.
X-rays are generally used to evaluate bones and certain other conditions and may not show every soft-tissue injury. The appropriate imaging or testing depends on your symptoms and should be determined by a qualified medical provider.
Texas law imposes statutes of limitations on personal injury claims, but the applicable deadline can depend on the type of claim, parties involved, and other circumstances. Claims involving governmental entities or specialized areas of law may also have additional notice requirements or different rules. Do not wait until the deadline is approaching to obtain legal advice.
An insurance carrier can administratively close its internal claim file, but that does not necessarily determine whether your legal claim still exists. Legal deadlines are governed by applicable law, not simply the carrier’s internal file status.
That depends on the circumstances. Before settling, you should understand your injuries, expected treatment, medical expenses, lost income, available insurance coverage, and the rights you will be releasing. Settling before the medical picture is reasonably understood can create risk if the condition later proves more significant than expected.
Not every injury claim requires an attorney. But legal advice may be useful when liability is disputed, symptoms persist, treatment becomes substantial, prior injuries are being used against you, the carrier is pushing for an early settlement, or you are unsure whether the offer fairly reflects the claim.
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