If you've been hurt in an auto collision, you might have what insurance companies call a "MIST" case. MIST stands for "minor impact/soft tissue." These types of cases arise when a low-speed impact causes little property damage yet results in one or more connective tissue injuries. In fact, insurance companies such as Allstate, State Farm, Farmers, and Progressive might use an arbitrary property damage figure, such as $1,000, to officially label a claim as a MIST case.
Insurance companies will also often take a hardline stance with these cases by claiming that accident victims cannot possibly sustain a significant injury from a minor collision that results in minimal property damage. Fortunately for victims of MIST cases, we have experience proving insurance companies wrong.
The fact is that there is no scientific evidence to support an insurance company’s claim that MIST cases are invalid. It is simply a tactic used by the insurance companies to minimize a claimant’s injuries and personal experience. The ultimate goal here is for the insurance company to pay as little as possible for a MIST case, or outright dismiss the claim entirely.
We have resolved a significant number of MIST cases on behalf of our clients. In the majority of cases, clients who have been involved in a MIST case suffer one or more of the following soft-tissue injuries:
* Whiplash – The most common auto collision injury, whiplash occurs when there is a sudden jerking of a person’s neck, often seen in rear-end collisions. The motion of the neck is akin to the cracking of a whip, resulting in a cervical sprain that can cause headaches, vertigo, and ongoing physical pain in the neck and back area. Whiplash treatment may involve a neck brace and/or ongoing physical therapy.
* Sprain – The most common site of a sprain for auto collision victims is the wrist, knee, arm, and/or ankle. Sprains occur when a ligament is stretched or torn. Sprains are often treated with braces, though we have also seen more serious sprains require physical therapy and/or surgical intervention.
* Bruising/Contusions – When capillaries under the skin rupture, a bruise is the end result. Bruising usually occurs when you strike the inside of your vehicle with one or more parts of your body. Often multi-colored, a bruised area can remain sore and tender for several days. Severe bruising may persist for weeks.
* Strain – Sometimes confused with sprains, a strain occurs when a muscle or tendon is stretched or torn.
Why do insurance companies not take MIST cases seriously?
Unlike a collision that leaves a victim with a broken bone or laceration, MIST cases leave little to no trace of a visible injury. Insurance companies will exploit this fact and figure that juries will not be as likely to pay a claim for an injury they cannot see.
Ask anyone who has suffered from a connective tissue injury such as whiplash or a strained back, and they will tell you that the pain from these injuries can be equal to or more burdensome than certain broken bones. After all, once a broken bone is placed in a cast, the pain is greatly reduced or is non-existent. By contrast, there is not always a “go-to” treatment for a connective tissue injury and the pain can linger.
With all this in mind, it is not uncommon for a MIST case to require litigation, as insurance companies may simply refuse to recognize your injuries with the seriousness they deserve.
The compensation we typically seek for MIST clients may include any of the following:
* Medical expenses
* Lost wages
* Pain and suffering
No matter how similar two cases may seem, each case is unique. For this reason, it is possible that you may be able to seek additional types of compensation than those listed above. We can help determine what types of compensation you may ultimately receive.
Sometimes people may believe they can simply outwait soft-tissue pain or “soldier through it.” Unfortunately, this approach will backfire for people who have MIST cases. Medical documentation and testimony from doctors is a must in all injury claims, but it becomes especially important in MIST cases. Without it, you stand no chance at ever being properly compensated for your injuries.
In addition to being checked out by your doctor, you must also follow their instructions and not miss any future appointments for therapy and/or future check-ups. We also recommend that you keep a journal documenting your pain and how it is affecting your daily life. But even if you take these steps, it is still possible that your claim will be undervalued. This is why we recommend that you hire a lawyer.
Having a lawyer build and present the MIST case on your behalf will not only increase the chances that you will be properly compensated, it also provides you with the leverage of taking the insurance company to court if needed. If the insurance company has classified your claim as a MIST case, you should seek the advice of a lawyer right away. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today..