If you suffered minor soft tissue injuries or muscle pain following an accident in Vermont, you may wonder whether you can include these conditions in your personal injury claim. Understanding how Vermont law treats soft tissue damages helps you build a stronger case.
Detailed Answer
Under Vermont law, any physical injury that arises from an accident can form the basis of a personal injury claim—even if it is a minor soft tissue injury such as a muscle strain, sprain, or whiplash. Vermont defines a personal injury action as “an injury to the person” and requires that you file within three years of the accident. See 12 V.S.A. § 511(3).
Soft tissue injuries often produce pain, limited range of motion, and medical expenses. In Vermont you can claim both economic damages (medical bills, physical therapy costs) and non-economic damages (pain and suffering, inconvenience). Even if imaging (X-rays or MRI) does not show a fracture, medical records, doctor’s reports, and testimony can confirm the existence and severity of a soft tissue injury.
Key elements to prove your minor soft tissue injury claim:
- Medical documentation: Obtain detailed notes from your treating physician or physical therapist that describe diagnosis, treatment plan, and prognosis.
- Causal link: Show that the accident directly caused the muscle pain or ligament strain.
- Damage calculation: Add up all related expenses and assign a reasonable value to your pain and suffering. Vermont courts consider factors like duration of pain, treatment invasiveness, and impact on daily life.
Vermont follows a pure comparative negligence rule (12 V.S.A. § 1036), which means you can recover damages even if you share some fault for the accident. Your recovery will simply reduce by your percentage of fault.
Statute of limitations: You must file your claim within three years of the date of injury. Missing this deadline almost always bars your right to sue. See 12 V.S.A. § 511.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your case.
Helpful Hints
- Seek prompt medical evaluation to document soft tissue damage early.
- Keep a pain journal to record daily pain levels and functional limitations.
- Save all medical bills, receipts for over-the-counter remedies, and related expenses.
- Photograph your injuries and the accident scene whenever possible.
- Consult with an experienced personal injury attorney before negotiating with an insurance company.