Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney about your case.
Detailed Answer
Yes. Under Wisconsin law, you can include minor soft tissue injuries and muscle pain in your personal injury claim. These injuries qualify as both economic and non-economic damages when supported by appropriate medical evidence.
Types of Recoverable Damages
- Medical Expenses: Costs for diagnosis, treatment, physical therapy and related care.
- Pain and Suffering: Compensation for discomfort, muscle pain, strain, and reduced quality of life.
- Lost Wages: Income lost due to missed work while recovering.
Evidence Requirements
Insurance companies often seek objective proof of soft tissue injuries before paying. To strengthen your claim:
- Seek prompt medical evaluation. Document all symptoms, treatment plans and follow-up visits.
- Obtain physician’s notes. MRI scans, X-rays or other tests can substantiate muscle injuries.
- Keep detailed records. Log pain levels, physical limitations, and daily challenges.
Proving Causation
To recover compensation, you must show the defendant’s negligence directly caused your injuries. Medical records and expert opinions can link the accident to your muscle pain and soft tissue damage.
Statute of Limitations
In Wisconsin, a personal injury lawsuit must be filed within three years of the injury date. See Wis. Stat. § 893.54. Missing the deadline can bar recovery.
No Cap on Non-Economic Damages
Unlike medical malpractice cases, Wisconsin does not cap non-economic damages (pain and suffering) in standard negligence claims. For further reading, see Wis. Stat. § 895.045.
Helpful Hints
- Act quickly: Get medical treatment within days of the accident to create a clear medical record.
- Document everything: Keep copies of bills, prescriptions, therapy notes, and any body maps showing pain locations.
- Stay consistent: Follow through with recommended therapy and keep appointments to show ongoing treatment.
- Communicate: Update your attorney and insurer with new symptoms or setbacks in your recovery.
- Consult an attorney: Even minor injuries can become complex when insurance adjusters downplay your pain.