Detailed Answer
Under New Hampshire law, you can include minor soft tissue injuries and muscle pain in your personal injury claim. Courts recognize soft tissue injuries—such as sprains, strains, whiplash, and muscle soreness—as compensable bodily harm. To recover damages, you must establish that the injuries resulted from the defendant’s negligence and quantify your harm through medical evidence and documentation.
Establishing Fault and Damages
Your claim must prove four elements: duty, breach, causation, and damages. First, show the defendant owed you a duty of care. Next, demonstrate a breach of that duty (for example, negligent conduct or unsafe conditions). Then, link that breach to your soft tissue injuries and muscle pain. Finally, prove the extent of your injuries and losses. Medical records, diagnostic images, and expert testimony help substantiate minor injuries that may not appear on initial exams.
Statute of Limitations
In New Hampshire, you must file a personal injury lawsuit within three years of the incident. See NH RSA 508:4 (http://www.gencourt.state.nh.us/rsa/html/LXII/508/508-4.htm). Missing this deadline usually bars your claim permanently.
Motor Vehicle Accidents
If your claim arises from a motor vehicle accident, NH law requires at least $2,000 in economic loss before you can recover non-economic damages such as pain and suffering. See NH RSA 264:14-c (http://www.gencourt.state.nh.us/rsa/html/II/264/264-14-c.htm).
Proof and Valuation
Soft tissue injuries often result in lower economic damages but may generate significant non-economic losses. You can recover medical expenses, lost wages, and a fair sum for pain and suffering. Courts review your medical bills, wage records, treatment notes, and witness statements. Keeping a pain diary and documenting daily limitations can strengthen your non-economic damage claim.
Helpful Hints
- Seek prompt medical evaluation and document all symptoms immediately.
- Keep all medical records, bills, receipts, and diagnostic reports.
- Photograph any visible bruising, swelling, or range-of-motion limitations within 24–48 hours.
- Maintain a pain journal noting severity, frequency, and impact on daily life.
- File your lawsuit within three years under NH RSA 508:4 to avoid losing your right to sue.
- Check the $2,000 economic loss threshold for motor vehicle claims under NH RSA 264:14-c.
- Consult an attorney to accurately assess and value your minor soft tissue injuries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.