Soft Tissue Injuries- Part 3

Welcome back to the final part of the three-part series: Soft Tissue Injury! This multi part series explores soft tissue injuries through the lens of criminal law, offering attorneys insights into the distinct challenges these cases often present. It also highlights potential arguments that may arise during negotiation. In this edition we will venture into factors to consider during evaluation of the soft tissue injury- specifically sprains and strains of the cervical, thoracic, and lumbar regions! 

Factors to Consider – Mechanism of Injury

When evaluating any type of injury, a range of important questions must be considered—but one that is always asked is: What was the mechanism of injury (MOI)? The MOI refers to how the injury occurred, and understanding it is essential, as different mechanisms can lead to different types and severities of injuries (Society of Trauma Nurses, 2023).

Research shows that low back pain resulting from strains and sprains is among the most common injuries sustained in motor vehicle collisions (Paul Nolet, 2020). These collisions can cause soft tissue damage in the cervical (neck), thoracic (upper back), and lumbar (lower back) regions, depending on the speed and direction of impact—whether from the front, rear, or side. The sudden back-and-forth motion experienced during a crash often leads to muscle strains or ligament sprains (Society of Trauma Nurses, 2023). Notably, 63% of individuals who suffer a back injury in a motor vehicle collision continue to experience chronic pain (Paul Nolet, 2020).

Factors to Consider – Onset of Symptoms 

It is helpful to look at when the injured complained of symptoms. Did they report it to police? Did they receive medical treatment right away? Early onset of complaints may suggest a more severe injury. Keep in mind, as previously noted in our Soft Tissue Injury discussion, symptoms may not appear immediately and can take several days to develop.

Factors to Consider – Other Risk Factors

Several factors can elevate the risk of soft tissue injuries and associated pain. These risk factors include:

• Poor health
•  A history of back pain 

• Advancing age: as people grow older, soft tissues gradually lose strength and elasticity, increasing their vulnerability to injury. Age-related changes to the vertebral discs—such as wear and weakening—also play a significant role in the development of back pain (Cleveland Clinic, 2025). 
•  Occupational strain: healthcare personnel are also at a higher risk for back strains/sprains due to the physical demand and ergonomic hazards in the field (Bareza Rezaei, 2021). 
• Decreased physical activity levels (Bareza Rezaei, 2021). People who have a higher body mass index (overweight or obese) have increased risk of back pain due to excess weight causing pressure on the joints and disks in the back (Cleveland Clinic, 2025).

A key consideration for both plaintiffs and defendants is that no two injuries—or individuals—are exactly alike. The same accident can result in vastly different outcomes depending on each person’s unique risk factors. While the defense must acknowledge that deviations from typical injury patterns are possible, it is equally important that medical records clearly document the injury, justify the necessity of treatment, and account for any factors contributing to the variation in presentation or recovery.