Detailed Answer
Under North Dakota law, you may recover compensation for minor soft tissue injuries and muscle pain as part of a personal injury claim. These injuries qualify as both medical expenses and non-economic damages, provided you can establish causation and document your losses.
1. Damages You Can Claim
- Economic damages: Costs of doctor visits, diagnostic tests, physical therapy, prescription medications and any lost wages due to recovery time.
- Non-economic damages: Pain and suffering, emotional distress and loss of enjoyment of life stemming from soft tissue injury. North Dakota Century Code §32-03-07 defines non-economic losses, including pain and suffering (NDCC §32-03-07).
2. Establishing Causation
You must show your soft tissue injury and muscle pain directly resulted from the incident. To build a strong claim:
- Seek prompt medical evaluation. A physician’s report linking the pain to the accident is vital.
- Follow through with recommended treatment, including physical therapy or chiropractic care.
- Keep all medical records, invoices and prescriptions.
3. Statute of Limitations
Most personal injury claims in North Dakota must be filed within six years of the date the cause of action accrues. See NDCC §28-01-16. Missing this deadline typically bars recovery.
4. Settlement vs. Litigation
Minor soft tissue cases often resolve through settlement negotiations. An insurance adjuster reviews your documentation and offers compensation. If negotiations fail, you may file a lawsuit in district court.
Helpful Hints
- Document pain levels with a pain journal or mobile app.
- Obtain photographs of injuries and the accident scene.
- Keep a log of missed work and related wage loss.
- Save all correspondence with insurers and medical providers.
- Consider consulting a personal injury attorney to assess the value of your claim.
Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney for advice on your specific situation.