Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Under Maine law, you can recover compensation for all legitimate bodily injuries resulting from another party’s negligence—this includes minor soft tissue injuries and muscle pain. Maine’s rules for personal injury claims do not limit recovery to fractures or severe harm. Instead, they allow you to claim any injury that arose from the incident and that you can document with medical evidence.
Key Statutes:
- 14 M.R.S. § 152 (Damages Recoverable in Personal Injury Actions): You may recover medical expenses, lost wages, and non-economic losses such as pain and suffering.
- 14 M.R.S. § 156 (Damages for Non-Economic Loss): This section confirms you can claim compensation for intangible harms like physical discomfort and diminished quality of life.
- 14 M.R.S. § 752 (Statute of Limitations – Six Years): You generally have six years from the date of injury to file your personal injury lawsuit.
To include soft tissue damage and muscle pain in your claim, you must show:
- Causal Link: Establish that the other party’s negligence caused your soft tissue injuries or muscle pain.
- Medical Documentation: Obtain a diagnosis from a qualified healthcare provider, such as a physician, chiropractor, or physical therapist. Imaging or clinical notes strengthen your claim.
- Expense Records: Save bills, receipts, and statements for all treatments, therapies, and related out-of-pocket costs.
- Pain and Suffering Evidence: Keep a daily pain journal. Describe pain levels, activity limitations, and impact on work or daily life.
- Expert Opinions: Consider a medical expert declaration if the insurer or court questions the severity or cause of your soft tissue injuries.
Helpful Hints
- Seek prompt medical attention. Early documentation links your pain directly to the incident.
- Track all out-of-pocket costs, including medications and travel to appointments.
- Maintain a detailed pain diary. Note dates, pain intensity (e.g., on a scale of 1–10), and activity restrictions.
- Review settlement offers carefully. Don’t accept less than full value of medical bills and fair compensation for ongoing discomfort.
- Consult a qualified attorney before negotiating with insurers to ensure you protect your rights under Maine law.