Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
What Are Soft Tissue Injuries?
Soft tissue injuries involve damage to muscles, ligaments or tendons. Common examples include strains, sprains, whiplash and muscle soreness. Even if these injuries feel minor, they can cause pain, reduced mobility and ongoing medical expenses.
Eligibility to Include Minor Injuries in Your Claim
Under Oregon law, you may claim compensation for any injury—no matter how minor—so long as it arose from another party’s negligence or intentional act. Oregon courts do not impose a minimum severity threshold for personal injury claims. Instead, you must show:
- Duty: The defendant owed you a legal obligation of care.
- Breach: They violated that duty (for example, by causing a slip and fall).
- Causation: The breach directly caused your soft tissue injury.
- Damages: You suffered measurable harm, such as medical bills or pain and suffering.
Proving Soft Tissue Injuries and Muscle Pain
Insurance companies often dispute minor soft tissue claims. To strengthen your case:
- Seek prompt medical evaluation and treatment.
Keep records of doctor visits, therapy sessions and prescribed treatments. - Obtain diagnostic testing, such as MRI or X-rays, when recommended.
- Ask your provider for a clear opinion tying your diagnosis to the incident.
- Maintain a pain journal documenting daily symptoms, medication use and activity limits.
- Gather photos of visible swelling or bruising, if applicable.
Types of Damages You Can Seek
- Economic Damages: Medical expenses, rehabilitation costs, lost wages and any out-of-pocket expenses related to treatment.
- Noneconomic Damages: Pain, suffering, emotional distress and loss of enjoyment of life.
Key Oregon Statutes
ORS 31.710 – Defines the measure of damages for personal injury, including pain and suffering.
ORS 12.110 – Establishes a two-year statute of limitations for personal injury claims in Oregon.
Helpful Hints
- Report the incident immediately to any property owner or responsible party.
- Keep a copy of all medical records and bills in one folder.
- Avoid accepting the first settlement offer without consulting an attorney.
- Take clear, dated photos of the accident scene and any visible injuries.
- Follow your healthcare provider’s treatment plan and attend all appointments.