If you've heard your personal injury claim referred to as a "MIST" case, you may be wondering what this term means and how it affects your right to compensation.

If you’ve heard your personal injury claim referred to as a MIST case, you may be wondering what this term means and how it affects your right to compensation. MIST is an acronym for "Minor Impact-Soft Tissue." This terminology was first adopted in the 1990s, when insurance companies began to claim that vehicle occupants can’t sustain serious or permanent injuries from low speed collisions with minimal property damage. There is little scientific basis for this statement, but the expression still remains.

ABOUT MIST CASES. Any type of auto collision involving connective tissue injuries instead of broken bones is a MIST case, although the majority of MIST cases are collisions with less than $1,500 in property damage. The four connective tissue injuries commonly involved in a MIST case are whiplash, sprains, strains, and contusions.

* Whiplash. Also referred to as a cervical strain or sprain, whiplash is caused by the violent jerking of your neck back and forth due to the impact of the collision — similar to how you would crack a whip. This condition can cause headaches, dizziness, sleep disturbances, memory or concentration issues, and chronic pain in the back and neck.

* Sprain. A sprain is a stretch or tear of a ligament in one of the body’s joints such as the arm, wrist, knee, or ankle. Sprains can cause pain and swelling that make it difficult to complete daily activities. Treatment usually involves a brace or splint to immobilize the impacted area while it heals. Physical therapy or corrective surgery may be needed in more serious cases.

* Strains. Strains occur when a muscle or tendon is stretched or torn. When someone is involved in car crash, the back is the most common location for a strain. Treatment is similar to a sprain.

* Contusions. Contusions are injuries that occur when capillaries under the skin are ruptured. The area is discolored and painful. Most contusions heal over time, but it’s possible for muscle fibers and connective tissue under the skin to be permanently damaged in more severe cases.

COMPENSATION AVAILABLE IN A MIST CASE. Although MIST cases don’t involve broken bones, they can still be serious. A personal injury claim in a MIST case can seek compensation for:

* Medical expenses, including emergency room care, follow-up care, and any prescription pain medication.

* Loss of wages for time taken off work during the recovery period.

* Pain and suffering, including both the physical pain and the emotional trauma of the collision.

PROVING YOUR CASE. Since connective tissue injuries result in less obvious symptoms than broken bones, patients are often accused of faking or exaggerating their injuries. To prove a MIST case, you need copies of your medical records and testimony from your healthcare provider to verify the extent of your injuries. Photos of the crash scene and a journal detailing your symptoms throughout the recovery process may also be helpful in building a strong case.

With a MIST case, it’s very important that you follow your healthcare provider’s treatment recommendations precisely. Skipping appointments or returning to work earlier than your doctor recommends can be interpreted as an indication that your injuries aren’t as serious as you claim.

SEEKING LEGAL REPRESENTATION. Although MIST cases are considered smaller personal injury claims, that doesn’t mean you should forgo legal representation. In a MIST case, the insurance company is often eager to save money by claiming the victim is exaggerating the seriousness of the injury. Without a lawyer to represent your interests, you risk having your claim denied or being offered a settlement that’s less than what you deserve.

If you or a loved one has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.