Disclaimer: This article is for educational purposes and does not constitute legal advice. For personalized guidance, consult a licensed attorney in Oklahoma.
Detailed Answer
Yes. Under Oklahoma law, you may include minor soft tissue injuries and muscle pain in your personal injury claim. Oklahoma courts recognize pain and suffering as recoverable damages. Title 23 of the Oklahoma Statutes, Section 9, instructs juries to award compensation for “conscious pain and suffering,” “inconvenience,” “disfigurement,” and “physical impairment” when determining damages. 23 O.S. § 9
To recover compensation, you must prove the following elements:
- Duty and Breach: Show that the at-fault party owed you a legal duty (for example, a driver’s duty to operate a vehicle safely) and breached that duty.
- Injury and Causation: Demonstrate that the breach caused your soft tissue injuries or muscle pain. Medical records, imaging studies, and physician testimony can establish a causal link.
- Damages: Submit evidence of your losses, including medical bills, treatment records, and testimony on your pain level and daily limitations.
Keep in mind Oklahoma’s two-year statute of limitations for personal injury claims. You must file your lawsuit within two years of the date of the injury. 12 O.S. § 95(A)
Helpful Hints
- Obtain prompt medical treatment and keep all records of visits, diagnoses, and treatments.
- Document your pain and limitations in a journal, noting how muscle strains or soft tissue injuries affect daily activities.
- Keep copies of medical bills, prescriptions, and physical therapy receipts to support your damages.
- Take photographs of any bruising, swelling, or range-of-motion tests during recovery.
- Consult a personal injury attorney early to review your case and preserve evidence.