Detailed Answer
Under Nebraska law, you can include minor soft tissue injuries and muscle pain as part of your personal injury claim. Soft tissue injuries refer to damage to muscles, ligaments, and tendons, including sprains, strains, and whiplash. Nebraska law recognizes these injuries as bodily injury, which can form the basis for both economic and non-economic damages.
To recover, you must prove four elements of negligence: duty, breach, causation, and damages. A duty arises when the defendant owes you reasonable care, such as a driver’s obligation to follow traffic laws. Breach occurs when the defendant fails to meet that standard—like speeding. You must show a causal link between the breach and your soft tissue injury. Finally, you must document your damages. Medical records, treatment bills, and expert testimony help establish causation and the severity of muscle pain. Keep a journal to record pain levels, activity limitations, and medication use.
In Nebraska, you can seek compensation for:
- Medical expenses related to diagnosis and treatment
- Pain and suffering, including ongoing muscle pain
- Lost income or reduced earning capacity
- Loss of enjoyment of life due to physical limitations
Note the personal injury statute of limitations in Nebraska: you have four years from the date of injury to file suit. See Neb. Rev. Stat. § 25-207. If you plan to sue a state or local government, you must serve a written notice within two years and comply with damage caps. See Neb. Rev. Stat. § 81-8,209.
Insurance adjusters often scrutinize soft tissue claims. Provide objective medical evidence such as MRI results, physical therapy records, or expert opinions. Consider using mediation or arbitration if you and the insurer cannot reach a settlement.
Helpful Hints
- Schedule a prompt medical evaluation to document injuries early.
- Maintain a pain journal to track intensity, triggers, and treatment.
- Gather witness statements or photos from the incident scene.
- Obtain a written treatment plan from your healthcare provider.
- Consult an attorney familiar with Nebraska personal injury law.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.