Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under New York law, you can include minor soft tissue injuries and muscle pain in your personal injury claim. Personal injury claims allow recovery of economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Soft tissue injuries—such as strains, sprains, whiplash, and muscle aches—fall under non-economic damages because they compensate you for physical discomfort and emotional distress.
To establish your claim, you need objective evidence of your injuries:
- Medical records: Treatment notes from your physician, chiropractor, or physical therapist.
- Diagnostic tests: X-rays, MRIs, or ultrasounds showing tissue damage or inflammation.
- Treatment invoices: Bills for therapy, medications, and assistive devices.
If your injuries stem from a motor vehicle accident, you must consider New York’s no-fault insurance rules and the “serious injury” threshold. Under N.Y. Ins. Law §5102(d), you need a qualifying serious injury to sue for non-economic damages. Absent a qualifying injury, you still may claim economic damages—medical expenses and lost earnings—under the no-fault system (N.Y. Ins. Law §5104).
For other accident types—slip-and-fall, premises liability, product defects—there is no special threshold for pain and suffering. You can pursue compensation for soft tissue and muscle injuries if you show they resulted from the defendant’s negligence.
Be mindful of the statute of limitations. Most personal injury actions in New York must be filed within three years of the injury date under CPLR 214(5). Missing this deadline may bar your right to recover damages.
Helpful Hints
- Seek immediate medical evaluation: Prompt care strengthens your case.
- Track symptoms daily: Maintain a pain journal with dates, activities, and pain levels.
- Organize records: Keep all medical bills, receipts, and appointment summaries together.
- Monitor progress: Note improvements or setbacks in your treatment notes.
- Consult an attorney: A lawyer can review evidence, explain damages, and negotiate fair compensation.