Understanding Soft Tissue Injuries and Muscle Pain in an Ohio Personal Injury Claim

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss how Ohio law applies to your specific situation.

Detailed Answer

Under Ohio law, you can—and generally should—include minor soft tissue injuries and muscle pain in your personal injury claim if they arose from someone else’s negligence. Ohio Revised Code § 2305.10 (https://codes.ohio.gov/ohio-revised-code/section-2305.10) gives you two years from the date of injury to file most personal injury lawsuits. Soft tissue injuries such as sprains, strains, whiplash, and muscle pain qualify as “bodily injury,” even when no broken bones or visible cuts exist.

To recover damages for these injuries, you must prove:

• Liability: Show the other party breached a duty of care—slipping on an unmarked spill, a rear-end collision under Ohio’s traffic law (see Ohio Rev. Code § 4511.19, https://codes.ohio.gov/ohio-revised-code/section-4511.19), or a property owner’s failure to maintain safe premises.
• Causation: Link your soft tissue injuries and muscle pain directly to that breach. A doctor’s report, diagnostic imaging, and treatment notes help establish this connection.
• Damages: Document your medical expenses, physical therapy costs, prescription medications, lost wages, and any diminished quality of life. Even if your injuries seem minor, these economic and non-economic losses matter.

Ohio follows a modified comparative negligence rule under Ohio Rev. Code § 2315.18 (https://codes.ohio.gov/ohio-revised-code/section-2315.18). If you share fault for the accident, your recoverable damages reduce by your percentage of fault—but you cannot recover if you are more than 50% at fault.

Insurance companies often minimize soft tissue claims. Prepare strong evidence: contemporaneous medical records, consistent symptom logs, and expert testimony. In many cases, prompt medical evaluation after the incident strengthens your claim and ensures critical injuries are not overlooked.

Helpful Hints

• Seek medical attention immediately—even mild pain can worsen without proper treatment.
• Keep a daily pain journal: note activity, pain levels, and impact on work or sleep.
• Collect all documents: accident reports, medical bills, therapy invoices, and pay stubs if you missed work.
• Photograph visible signs—bruising, swelling—and any property damage at the scene.
• Obtain a complete copy of your medical records before settlement discussions.
• Check the two-year filing deadline under ORC § 2305.10 to avoid losing your right to recover.
• Discuss your case with an attorney experienced in Ohio personal injury law to evaluate settlement offers and court options.