Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Mississippi law, you can include minor soft tissue injuries and muscle pain in your personal injury claim, as long as you prove they arose from the accident and caused measurable harm. Mississippi courts recognize soft tissue damage as compensable bodily injury. To succeed, you must demonstrate causation, document medical treatment, and comply with procedural rules.
1. Establishing Causation and Injury
- Medical Diagnosis: Obtain a professional diagnosis confirming muscle strains, sprains or soft tissue trauma.
- Accident Link: Show the injury resulted directly from the incident (e.g., car crash, slip and fall).
- Evidence: Use medical imaging, physician notes, and physical therapy records.
2. Recoverable Damages
- Medical Expenses: Past and future treatment costs, including doctor visits, imaging, medications, and therapy.
- Pain and Suffering: Compensation for physical discomfort and emotional distress tied to your soft tissue injury.
- Lost Wages: Reimbursement if the injury forced you to miss work.
3. Key Procedural Rules
- Statute of Limitations: File your claim within three years of the injury date. See Miss. Code Ann. § 11-1-60.
- Contributory Negligence: Mississippi bars recovery if you bear any fault. See Miss. Code Ann. § 11-1-13.
- Evidence Preservation: Keep all medical bills, therapy records, and witness statements.
Helpful Hints
- Seek prompt medical attention—even minor pain can worsen without treatment.
- Keep a pain journal to track daily discomfort and limitations.
- Photograph visible bruises or swelling to support your claim.
- Consult a personal injury attorney early to evaluate the strength of your claim.
- Be aware of deadlines: missing the three-year window generally bars recovery.