Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer: Including Soft Tissue Injuries and Muscle Pain in a Texas Personal Injury Claim
1. What Counts as a Soft Tissue Injury?
Soft tissue injuries cover damage to muscles, ligaments, tendons and fascia. In Texas, courts recognize these as bodily injuries that may give rise to damages, even if they don’t show bone fractures or internal bleeding.
Examples include:
- Muscle strains and sprains
- Whiplash after a car accident
- Tendonitis from repetitive motion
- Bruising or contusions
2. Recoverable Damages for Minor Soft Tissue Injuries
Under Texas Civil Practice & Remedies Code § 41.001, “injury” includes any physical pain or impairment that arises from another party’s negligence. You may recover:
- Economic Damages: Medical bills, physical therapy costs, prescription medications.
- Non-Economic Damages: Pain and suffering, physical impairment, and mental anguish.
3. Burden of Proof and Documentation
To include minor injuries in your claim, you must demonstrate:
- Medical Records: Treatment notes, imaging reports, therapy records.
- Expert Opinions: Statements by physicians, physical therapists or chiropractors.
- Daily Logs: Journals or questionnaires documenting pain levels and mobility issues.
4. Statute of Limitations
You generally have two years from the date of injury to file a personal injury lawsuit in Texas (Tex. Civ. Prac. & Rem. Code § 16.003). Missing this deadline can bar your claim completely.
5. Settlement vs. Lawsuit
Insurance companies often propose early settlements, especially for soft tissue injuries. Before accepting any offer:
- Review the full scope of your medical treatment.
- Estimate future care costs or ongoing therapy.
- Consult an attorney to evaluate whether the proposal fairly compensates both economic and non-economic losses.
Helpful Hints
- Seek immediate medical evaluation—even if injuries seem minor.
- Keep all medical bills and therapy receipts organized.
- Document your daily pain levels with a simple diary or app.
- Photograph bruises or swelling within 24–48 hours of injury.
- Get referrals for specialist exams if pain persists beyond two weeks.
- Never sign a release or settlement until you’ve fully assessed future care needs.
- Consult a Texas personal injury attorney before negotiating with insurers.