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As any personal injury attorney in San Diego or anywhere else for that matter can tell you, low impact cases resulting in soft tissue types of injuries are specifically "red flagged" by the insurance industry as cases meriting special attention. Such cases are given the code word "Mist" for Minor Impact Soft Tissue.

Mist cases are typically either denied in their entirety by the defendants insurance company or else the defendants insurance company will make an extremely "low ball" offer to settle. This holds true even where the defendant is clearly at fault. In fact, typically fault is admitted by the insurance company. Insurance companies will tell you that these offers are in keeping with what they see jury verdicts render in these types of personal injury cases.

Many personal injury attorneys do not accept cases involving low property damage when the personal injury is a soft tissue one. Although one does not have to accept the insurance company offer, the quandary occurs when one is left with the options of accepting the offer or taking the defendant to court.

Going to court involves a large commitment of time for both attorney and client and is often costly in terms of expenses to bring the case to verdict. It must also be remembered that litigation can be risky and that there are no guarantees as to the result. It is up to the personal injury attorney to "size up" the case..i.e. to do a cost-benefit analysis to determine if the case can be litigated in a cost effective manner.
The personal injury attorney must at all times keep an eye on the bottom line in advising the personal injury client on the appropriate course of action to best resolve the clients personal injury case.