Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Under Minnesota law, you can include minor soft tissue injuries and muscle pain in your personal injury claim. How you recover depends on the type of accident and the damages you seek.
1. Auto Accidents and No-Fault Coverage
Minnesota follows a no-fault auto insurance system. That means after a car crash, you first file a Personal Injury Protection (PIP) claim with your own insurer for economic losses, regardless of who caused the accident. PIP covers:
- Medical expenses (up to $20,000 per person)
- Lost wages
- Replacement services (e.g., household help)
Because PIP covers economic losses without a fault or serious-injury threshold, you can recover treatment costs for soft tissue injuries and muscle pain even if they seem minor. See Minnesota Statutes § 65B.51 (definitions) and § 65B.53 (PIP benefits): https://www.revisor.mn.gov/statutes/cite/65B.51 and https://www.revisor.mn.gov/statutes/cite/65B.53.
2. Lawsuits for Non-Economic Damages (Pain and Suffering)
If you want to pursue pain and suffering against the at-fault driver in an auto crash, Minnesota’s serious-injury threshold applies. Under Minn. Stat. § 65B.51, “serious injury” generally means:
- Permanent disfigurement or scarring
- Permanent injury, impairment, or fracture
- Loss of a fetal pregnancy
- Death
Minor soft tissue injuries (like brief muscle strains) usually don’t meet that standard. Courts routinely hold that isolated whiplash or short-lived muscle pain without lasting impairment fails to satisfy the threshold, so you cannot sue for non-economic damages unless your injury has a permanent impact or meets another defined category.
3. Other Personal Injury Claims (Slip and Fall, Premises Liability)
Outside auto cases—such as slip-and-fall or premises liability—you generally face no statutory threshold. To recover both economic and non-economic damages, you must establish:
- A duty owed by the property owner or defendant
- A breach of that duty
- Causation linking the breach to your injuries
- Damages (medical bills, lost wages, pain and suffering)
Minor soft tissue injuries and muscle pain can form part of your claimed damages if you document them and prove the defendant’s negligence. See Minn. Stat. § 604.01 (general negligence cause of action): https://www.revisor.mn.gov/statutes/cite/604.01.
Helpful Hints
- Seek prompt medical attention; delay can weaken your claim.
- Keep detailed medical records: diagnosis, treatment, physical therapy notes.
- Track your pain and limitations in a daily journal.
- Preserve evidence: photos of injuries and accident scene.
- Consult a personal injury attorney early to assess thresholds and deadlines.