Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under West Virginia law, you can include minor soft tissue injuries—such as muscle strains, sprains, and generalized muscle pain—in your personal injury claim. West Virginia law permits recovery for all bodily injuries, even if they do not appear on X-rays or MRIs, as long as you can prove they arose from the incident in question.
To recover for these injuries, you must establish three core elements:
- Liability: Show the defendant owed you a duty of care and breached it. Use evidence like police or incident reports, photographs, and witness statements.
- Causation: Link your soft tissue injuries and muscle pain directly to the accident. A doctor or physical therapist’s opinion is critical to confirm this connection.
- Damages: Document your economic losses (medical bills, therapy costs, lost wages) and noneconomic losses (pain, suffering, diminished quality of life).
Medical documentation is key. Even when diagnostic imaging appears normal, healthcare providers diagnose soft tissue conditions based on your symptoms, range of motion tests, and hands-on examination. Keep detailed records of all treatments, prescriptions, therapy sessions, and follow-up visits.
West Virginia does not impose a minimum monetary threshold on personal injury claims for soft tissue injuries. However, you must file your lawsuit within two years of the injury under the statute of limitations. See WV Code §55-2-12.
Helpful Hints
- Seek prompt medical evaluation to document soft tissue injuries and establish causation.
- Maintain all treatment records, invoices, and receipts to prove economic damages.
- Keep a pain diary detailing daily discomfort, activity restrictions, and sleep disturbances.
- Photograph the accident scene, visible injuries, and any property damage.
- Consult an attorney early to ensure you meet deadlines and understand West Virginia’s laws.
- Remember West Virginia follows a modified comparative fault rule: your recoverable damages may reduce if you share fault.
- File your claim before the two-year deadline under WV Code §55-2-12.