Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Yes. Under Washington law, you can include minor soft tissue injuries and muscle pain in your personal injury claim if they stem from another party’s negligence. To recover compensation, you must prove three key elements:
- Duty and Breach: Show the defendant owed you a duty of care and failed to meet that duty.
- Causation: Demonstrate that the breach directly caused your soft tissue injuries and muscle pain.
- Damages: Provide evidence of medical expenses, lost wages, and pain and suffering tied to these injuries.
Washington law does not exclude soft tissue injuries from recoverable damages. You may claim:
- Economic damages: medical bills, prescription costs, physical therapy, and lost income.
- Non-economic damages: pain and suffering, emotional distress, and diminished quality of life.
Key statutes include:
- RCW 4.16.080 – Three-year statute of limitations for personal injury claims.
- RCW 4.22.005 – Pure comparative fault: you recover damages reduced by your percentage of fault.
- RCW 4.22.070 – Measure of recovery, including general damages for physical pain and mental anguish.
Insurers often scrutinize soft tissue claims. Detailed documentation—medical records, diagnostic imaging, treatment plans, and expert opinions—strengthens your case. Consistent treatment notes and objective findings, like range-of-motion tests, help establish the severity and duration of your symptoms.
Helpful Hints
- Seek prompt medical evaluation after your injury and follow all prescribed treatments.
- Keep a pain journal to record daily symptom levels, activities, and treatment effects.
- Save all medical bills, receipts, and correspondence with healthcare providers.
- Photograph areas of pain, bruising, or swelling when they appear.
- Obtain a written opinion from a qualified medical professional linking your pain to the incident.
- Consult an attorney before providing recorded statements to insurers.
- Be mindful of the three-year deadline under RCW 4.16.080; file early to protect your rights.