Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Maryland law, you can include minor soft tissue injuries and muscle pain in your personal injury claim. Soft tissue injuries—such as strains, sprains, whiplash, and muscle inflammation—are recognized forms of bodily injury. You may recover both economic and non-economic damages if you prove negligence.
1. Elements of a Negligence Claim
- Duty of Care: The defendant owed you a legal obligation to act reasonably (e.g., drivers must obey traffic laws).
- Breach of Duty: The defendant failed to meet that standard (e.g., speeding or distracted driving).
- Causation: The breach directly caused your injuries.
- Damages: You suffered measurable losses, including medical expenses and pain and suffering.
2. Types of Recoverable Damages
- Economic Damages: Medical bills, physical therapy costs, prescription medications, and any related out-of-pocket expenses.
- Lost Wages: Compensation for income lost due to treatment or recovery.
- Non-Economic Damages: Pain and suffering, emotional distress, reduced quality of life, and diminished enjoyment of activities.
3. Proving Soft Tissue Injuries
Maryland courts require objective evidence to support claims of soft tissue harm. Key proofs include:
- Doctor’s diagnosis and treatment records.
- Imaging reports (e.g., MRI, X-ray) where applicable.
- Physical therapy notes and progress logs.
- Personal injury diary documenting daily pain levels and activity limitations.
4. Statute of Limitations
In Maryland, you must file a personal injury lawsuit within three years of the accident date. See Md. Cts. & Jud. Proc. § 5-101 (Justia link). Missing this deadline can bar recovery.
5. Settlement vs. Trial
Many personal injury claims resolve through settlement negotiations. Insurers often compensate for minor soft tissue claims to avoid trial costs. However, if the offer undervalues your injuries, you can proceed to court to seek full compensation.
Helpful Hints
- Seek prompt medical attention—even if injuries seem minor, early documentation strengthens your claim.
- Keep all medical bills, receipts, and correspondence organized.
- Document your pain levels and functional limitations in a daily journal.
- Consult an attorney before accepting any insurance settlement offer.
- Discuss alternative dispute resolution (mediation or arbitration) with your attorney to save time and costs.