Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Compensable Soft Tissue Injuries in Pennsylvania Claims
Under Pennsylvania law, you can include minor soft tissue injuries and muscle pain as part of a personal injury claim. Soft tissue injuries—such as sprains, strains, whiplash, and muscle soreness—are recognized as valid injuries. You may recover:
- Medical expenses (doctor visits, physical therapy, medications)
- Lost wages if you miss work
- Pain and suffering damages
To succeed, you must prove negligence, show that the conduct of another party caused your injuries, and quantify your damages with clear documentation.
Auto Accidents and the “Serious Injury” Threshold
If your soft tissue injury arises from a motor vehicle collision, Pennsylvania’s no-fault system applies first. You may file for Personal Injury Protection (PIP) benefits under 75 Pa.C.S. § 1705 to cover medical bills and lost earnings. To pursue additional compensation for pain and suffering against the at-fault driver, you must meet the statutory “serious injury” threshold. That definition—found in 75 Pa.C.S. § 1705—includes fractures, permanent disfigurement, loss of bodily function, and similar severe harms. Minor soft tissue injuries alone typically do not qualify.
General Negligence and Premises Liability Claims
For non-auto accidents—such as slip-and-falls, trip hazards, or workplace incidents—there is no “serious injury” threshold. You can claim compensation for any injury type, including soft tissue damage and muscle pain, provided you establish the property owner’s or negligent party’s duty, breach, causation, and damages.
Statute of Limitations
Pennsylvania imposes a two-year deadline to file most personal injury lawsuits. Under 42 Pa.C.S. § 5524, you must initiate your lawsuit within two years of the date of injury. Missing this deadline generally ends your right to seek a remedy in court.
Helpful Hints
- Seek prompt medical evaluation to document your soft tissue injuries.
- Keep all records of doctor visits, therapy sessions, prescriptions, and medical bills.
- Photograph visible symptoms—swelling, bruising, limited range of motion.
- Preserve evidence of the accident scene: take photos of wet floors, damaged guardrails, road debris, or skid marks.
- Track lost income by saving pay stubs and employer communications.
- Discuss your claim with a personal injury attorney before deadlines expire.