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Soft tissue cases are a staple in personal injury law. Among the most common cases for the Plaintiff’s attorney, these cases can also be the most problematic in terms of convincing a jury to side with the client’s cause. The minimal impact soft tissue (MIST) case is perhaps the most problematic because jurors have difficulty believing that such a minor impact can cause injury; this is especially so when the injury is one that typically cannot be seen on an x-ray or other diagnostic imaging test.

A soft tissue injury arises whenever the client has an injury that does not involve a fractured bone or significant neurological defect. The most common type is the strain and sprain to the neck or lower back. Jurors and insurance companies alike often view these injuries with a skeptical eye given the lack of objective diagnostic findings to support such an injury. Often still, the physician’s objective findings during the client’s physical examination typically involve a subjective component (e.g., painful range of motion testing) that leads to speculation of greed, exaggeration, and/or malingering on the part of the client.

Despite these obstacles, soft tissue cases can be won even in venues harboring the most defense-oriented jury pools. A favorable verdict rests in large part upon a properly prepared client, effective use of the client’s medical records, and the utilization of effective trial techniques to aid the attorney in advocating the client’s cause.

Most auto insurers have taken a hardball approach to these cases. The largest and most profitable companies, such as Allstate and State Farm, have adopted tough take-it-or-leave-it strategies when dealing with MIST claims. In this trial lawyer’s experience, these companies routinely extend settlement offers that are either well below the medical expenses incurred and/or offer nominal amounts to compensate the Plaintiff for their pain and suffering. This leaves the client in the unfortunate position of either gambling with a jury or accepting an offer that could potentially leave them still owing medical bills through no fault of their own. It leaves the attorney in the unfortunate position of having to expend serious cost to take the case to trial with uncertain outcome, or recommend a settlement that may not be beneficial to the client. Unfortunately, some cases tend to settle for these inadequate offers because the attorney does not wish to take the case to court because the trial may not prove cost-effective or profitable.

The MIST case is easy for the plaintiff’s attorney to discount. The damages at issue and potential fee from these cases are small compared to cases involving more serious harms and losses. It is important, however, for the attorney to remember while these cases may be small to them, it is often the most important and only case their client will ever have. Even though there is never a guaranteed outcome in any case, MIST cases can be won despite their issues. If you find yourself confronted with issues that a soft tissue injury can present in negotiating with the insurance company, then you should give considerable thought consulting with an attorney and firm that understands and regularly deals with those issues.