Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Utah law, you can include minor soft tissue injuries and muscle pain in your personal injury claim if you can show they resulted from the defendant’s negligence. Utah statutes allow recovery of both economic and noneconomic damages for any bodily injury, regardless of severity. Economic damages cover your medical expenses, while noneconomic damages compensate for pain and suffering.
To succeed in claiming soft tissue and muscle pain:
- Causation: Prove the injury was directly caused by the incident. Medical records or expert testimony can establish this link.
- Medical Documentation: Obtain and keep records of your initial evaluation, treatment, and any ongoing therapy. Even minor soft tissue injuries require documentation from a licensed healthcare provider.
- Valuation: Under Utah Code §78B-3-405, noneconomic damages, such as pain and suffering, are recoverable subject to statutory caps. Economic damages, including past and future medical expenses, have no cap (Utah Code §78B-3-404).
- Settlement vs. Trial: Insurers may undervalue minor claims; strong medical evidence can increase settlement offers. If negotiation fails, you can pursue full recovery in court.
Even if soft tissue injuries heal quickly, they often cause real pain and may require therapy. Utah law treats them as compensable injuries. Document your injuries thoroughly and seek a fair evaluation of your claim.
Helpful Hints
- Seek prompt medical attention to create an official record.
- Keep detailed records of all medical visits, treatments, and related expenses.
- Take photographs of any visible bruising or swelling.
- Track pain levels with a daily journal to support noneconomic damage claims.
- Consult a local personal injury attorney to review your evidence and negotiate with insurers.