Detailed Answer
Under Virginia law, you can include minor soft tissue injuries and muscle pain in a personal injury claim. To recover these damages, you must show that another party owed you a duty of care, breached that duty, and caused your injuries, resulting in compensable damages. Virginia’s optional no-fault insurance system sets a threshold for pursuing non-economic damages such as pain and suffering. Under Va. Code A7 38.2-2206.1, medical expenses must exceed $1,000 before you can claim pain and suffering in a vehicle accident when you carry Personal Injury Protection (PIP) coverage.
Soft tissue injuries often lack visible signs. Insurers and courts may challenge these claims as subjective. You will strengthen your case by:
- Securing detailed medical records documenting diagnoses and treatment for your injuries.
- Using objective findings such as MRI, X-ray, EMG, or range-of-motion measurements to support subjective pain reports.
- Following your healthcare provider’s recommended treatment plan, including physical therapy and follow-up visits.
- Maintaining a daily pain and symptom journal to show how injuries affect your routine activities.
Virginia sets a two-year statute of limitations for personal injury actions. If your claim arises from an auto accident or other incident, you must file suit within two years under Va. Code A7 8.01-581.1. Missing this deadline usually bars your lawsuit.
Minor soft tissue injuries can develop into chronic conditions. Early and consistent documentation preserves your right to full compensation. If your medical expenses remain below the $1,000 threshold, you can still recover economic losses like medical bills and lost wages, but you cannot claim non-economic damages (pain and suffering) in a vehicle accident case under PIP rules.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Virginia attorney to discuss your specific situation.
Helpful Hints
- Document treatment and symptoms immediately after injury.
- Gather objective evidence to substantiate subjective pain.
- Keep a detailed pain and activity journal.
- Follow every medical recommendation closely.
- Verify if your medical bills exceed the $1,000 no-fault threshold.
- Note the two-year filing deadline to protect your rights.