Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Tennessee, personal injury claims allow recovery for both economic and non-economic damages, including minor soft tissue injuries and muscle pain. Courts recognize soft tissue injuries—such as sprains, strains, and muscle soreness—when supported by medical evidence and expert testimony.
To include these injuries in your claim, you must establish causation, quantify your damages, and meet procedural deadlines under Tennessee law.
Statute of Limitations
You must file your lawsuit within one year of the date of injury. See Tenn. Code Ann. § 28-3-104.
Proof of Injury and Damages
To support soft tissue and muscle pain claims, gather:
- Medical diagnosis from a licensed provider.
- Treatment records—physical therapy notes, imaging, and prescriptions.
- Evidence of ongoing symptoms and limitations.
Comparative Fault
Tennessee uses modified comparative fault. If you share fault, your recovery decreases by your percentage of fault, provided it does not exceed 50%. See Tenn. Code Ann. § 29-11-301.
Caps on Non-Economic Damages
Non-economic damages—like pain and suffering—are capped at $1,000,000 for most personal injury actions. See Tenn. Code Ann. § 29-39-101.
Helpful Hints
- Seek prompt medical attention to document soft tissue injuries.
- Maintain a detailed pain journal tracking daily activities.
- Save all medical bills, therapy invoices, and related expenses.
- Photograph visible injuries and maintain a symptom log.
- Consult a qualified personal injury attorney early in the process.