Can I Include Minor Soft Tissue Injuries and Muscle Pain in My Personal Injury Claim in Massachusetts?
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
Under Massachusetts law, you may include soft tissue injuries and muscle pain in a personal injury claim, but their value and admissibility hinge on several factors: causation, medical evidence, and—if the claim arises from a motor vehicle accident—statutory thresholds.
1. Establishing Causation and Damages
- You must show that the defendant’s negligence caused your soft tissue injuries or muscle pain.
- Medical records, imaging studies, and physician testimony help prove both the existence and severity of soft tissue damage.
- Compensation can cover medical bills, physical therapy, prescription costs, lost wages, and pain and suffering.
2. Massachusetts Motor Vehicle “Serious Injury” Threshold
If your injury arises from a car accident, Massachusetts’s no-fault system (Chapter 90, Section 34A) provides up to $8,000 in Personal Injury Protection (PIP) benefits. To bring a tort claim against the at-fault driver for amounts above PIP, you must meet the “serious injury” definition under G.L. c. 90, § 34M:
- Death or dismemberment.
- Serious and protracted disfigurement.
- Protracted impairment of a bodily function or organ.
- Significant limitation of use of a body part, including soft tissue or muscle strain causing limited function for over 90 days.
If your minor soft tissue injuries or muscle pain resolve within 90 days without significant limitation, they may not qualify as a “serious injury,” and you could be restricted to PIP benefits only.
3. General Tort Claims Outside Auto Accidents
For slip-and-fall, premises liability, or other non-auto cases, there’s no statutory “serious injury” threshold. You can claim any injury—soft tissue or muscle-related—provided you document causation and damages. Under G.L. c. 260, § 2A, you generally have three years from the date of injury to file suit.
Helpful Hints
- Seek prompt medical evaluation. Early documentation strengthens your claim.
- Keep detailed records of symptoms, treatments, and related expenses.
- Track how pain and muscle stiffness affect daily activities and work.
- Understand the PIP limit and “serious injury” definition if your claim involves a vehicle accident.
- Consult a personal injury attorney before the three-year statute of limitations under G.L. c. 260, § 2A expires.