Detailed Answer
Under South Carolina law, you can recover damages for minor soft tissue injuries and muscle pain if another party’s negligence caused them. South Carolina permits recovery of both economic and non-economic damages in personal injury claims. Economic damages cover medical expenses, lost wages and related costs. Non-economic damages include pain and suffering, emotional distress and loss of enjoyment of life.
What Injuries Qualify?
Minor soft tissue injuries—such as muscle strains, sprains, bruises and inflammation—are compensable if you document them through medical records, diagnostic tests or a treating physician’s notes. Courts in South Carolina have allowed recovery for soft tissue injuries when objective medical evidence substantiates the claim.
Key Elements to Prove Your Claim
- Duty and Breach: Show the at-fault party owed you a duty of care and breached it (e.g., a driver ran a stop sign).
- Causation: Establish a direct link between the breach and your injuries through medical testimony or records.
- Damages: Quantify your losses with bills, pay stubs for lost wages and treatment records for future care.
Statute of Limitations
You generally have three years from the date of injury to file a personal injury lawsuit in South Carolina. See S.C. Code Ann. § 15-3-530.
Helpful Hints
- Seek prompt medical attention—even for minor pain—to create an official record.
- Keep all medical invoices, prescriptions and treatment summaries.
- Document how pain limits your daily activities with a pain journal.
- Take photos of accident scenes, your injuries and any damaged property.
- Request a written statement from eyewitnesses if available.
- Consult an attorney early to protect your rights against insurance tactics.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed attorney in South Carolina for guidance specific to your situation.