Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a licensed attorney about your specific situation.
Detailed Answer
In Indiana, you can include minor soft tissue injuries—such as muscle strains, sprains, and contusions—and related pain in your personal injury claim. Indiana’s civil courts allow recovery for all compensable harms that arise from another party’s negligence, provided you prove causation and damages.
1. Establishing Injury and Causation
To include soft tissue injuries, you must show they resulted from the defendant’s negligent act. Typically, this involves:
• Medical records from a qualified provider documenting diagnosis and treatment.
• Expert testimony, if needed, to link symptoms and treatment to the accident.
• Objective evidence (imaging studies, physical exams) confirming your injury.
2. Documenting Damages
You may recover economic losses (medical bills, therapy costs) and non-economic losses (pain and suffering). Soft tissue injuries often require ongoing physical therapy. Keep all invoices, appointment notes, and a pain journal to demonstrate the injury’s impact.
3. Burden of Proof and Comparative Fault
Indiana follows a modified comparative fault rule. Under Indiana Code §34-51-2 (IC 34-51-2), your total recovery is reduced by your percentage of fault. If you are over 50% at fault, you cannot recover.
4. Statute of Limitations
You generally have two years from the date of the injury to file a personal injury lawsuit. See Indiana Code §34-11-2-4 (IC 34-11-2-4). Missing this deadline can bar your claim.
5. Practical Considerations
Soft tissue injuries may not leave permanent marks, so prompt evaluation and consistent treatment records are vital. Insurers may undervalue minor claims, so clear evidence of ongoing pain and treatment can bolster your negotiating position.
Helpful Hints
- Seek medical attention immediately after the accident to document injuries.
- Keep a detailed pain journal noting severity, duration, and triggers.
- Retain all medical bills, therapy records, and healthcare provider reports.
- Take photographs of any physical symptoms (bruising, swelling) while visible.
- Obtain witness statements to support how the accident occurred.
- Understand Indiana’s two-year filing deadline; set reminders of key dates.
- Consider consulting an attorney early to evaluate the full scope of damages.