Disclaimer: This article offers general information only and is not legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Yes, you can include minor soft tissue injuries and muscle pain in your Missouri personal injury claim. Missouri law defines “bodily injury” broadly to cover any physical harm, including sprains, strains, bruising, and aches. To recover damages, you must show that another party’s negligence caused your injuries and that those injuries resulted in measurable losses.
1. Recognizing Soft Tissue Injuries
Soft tissue injuries involve damage to muscles, ligaments, tendons, or fascia. Common examples include:
- Whiplash
- Muscle strains
- Ligament sprains
- Bruising and contusions
2. Establishing Causation and Damages
To include these injuries in your claim, you need:
- Medical Documentation: Records and reports from a licensed healthcare provider diagnosing your soft tissue damage.
- Link to the Accident: Proof the incident (e.g., car crash, slip and fall) directly caused your symptoms.
- Quantified Losses: Bills for medical treatment, physical therapy, and any related out-of-pocket expenses. You can also claim non-economic losses like pain and suffering.
3. Missouri Statutes of Limitations
Under RSMo §537.100, most negligence claims must be filed within five years from the date of injury. For motor vehicle accidents involving personal injuries, Missouri’s no-fault law requires PIP (personal injury protection) benefits first, but you can pursue a third-party liability claim if your injuries meet the “serious injury” threshold:
- More than 5% permanent impairment of a body function. (RSMo §537.065)
If your soft tissue injuries do not cross that threshold in an auto accident, you may still recover PIP benefits up to the policy limits and related out-of-pocket costs.
4. Presenting Your Claim
When you file your demand or lawsuit:
- Attach medical reports describing your soft tissue injuries.
- Include treatment invoices to show economic damages.
- Provide a personal statement or expert testimony about the pain, suffering, and lifestyle impacts.
Helpful Hints
- Seek immediate medical attention after any accident to document injuries early.
- Keep a pain journal recording daily activities impacted by muscle pain or stiffness.
- Save all medical bills, therapy receipts, and related travel expenses.
- Consult with a personal injury attorney before accepting any settlement offer.
- Note the date of injury to track Missouri’s five-year filing deadline. (RSMo §537.100)