Detailed Answer
If you suffer minor soft tissue injuries and muscle pain in an accident, you can include them in your Connecticut personal injury claim. Soft tissue injuries include sprains, strains, whiplash and muscle soreness. You can recover medical expenses and lost wages under the state’s no-fault insurance benefits. To pursue additional damages for pain and suffering, you must meet Connecticut’s “serious bodily injury” threshold in a third-party tort action.
Soft Tissue Injuries Defined
Soft tissue injuries involve damage to muscles, ligaments or tendons. Common examples include:
- Neck strains and whiplash
- Lower back sprains
- Muscle spasms or tears
No-Fault (PIP) Coverage
Under Connecticut’s auto no-fault law, your own insurance pays Personal Injury Protection (PIP) benefits regardless of fault. PIP covers reasonable medical expenses, rehabilitation costs and up to 60% of lost wages. The statute requires “satisfactory written proof” of injuries and medical charges. See Conn. Gen. Stat. § 38a-334-6(d).
Serious Injury Threshold for Tort Claims
To bring a separate lawsuit (tort claim) against the at-fault party for non-economic damages—such as pain and suffering—you must have a “serious bodily injury.” Connecticut defines this narrowly. Minor soft tissue injuries alone rarely qualify. “Serious bodily injury” includes only:
- Broken bones
- Permanent disfigurement or scarring
- Permanent loss or impairment of bodily function
See Conn. Gen. Stat. § 38a-334-6(f)(2)(B).
Recoverable Damages
Even if you cannot file a tort claim, PIP benefits cover:
- Medical treatment and rehabilitation
- Prescription medications
- Lost wages (up to 60%)
- Essential services (e.g., household help)
If your injuries meet the serious injury threshold, tort damages may include:
- Pain and suffering
- Emotional distress
- Loss of companionship
Building a Strong Claim
To support your claim:
- Seek prompt medical care and follow up.
- Obtain objective tests (MRI, X-ray) ruling out other causes.
- Document all symptoms, treatments and costs.
- Keep a pain journal to detail daily limitations.
- Consult a personal injury attorney to review your records.
Helpful Hints
- Report symptoms to medical providers early.
- Stay consistent with recommended therapy.
- Gather witness statements when possible.
- Save all medical bills, receipts and correspondence.
- Review your insurance policy for PIP limits.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.