Sprains and strains are often referred to as though they’re the same thing, but they’re not. Although considered “minor” injuries, they can be quite painful and even require pain medication and time off from work for physical therapy. So, what’s the difference between the two?
Personal Injury Attorney
A sprain is when you overextend or tear a ligament from stress on a joint or along the spine. Typical causes include breaking a fall with an outstretched hand (sprained wrist) and spraining an ankle from tripping on an uneven surface. A strain is an injury to a muscle caused by abrupt or extreme pulling of the muscle.
If you have suffered a sprain or strain due to the negligence of others, you have a legal right to file a legal claim (lawsuit) against those responsible in order to get financial compensation for your medical costs and time lost from work.
Warshafsky Law Firm is a nationwide personal injury law firm based in Milwaukee, Wisconsin. Our team of experienced and skilled injury attorneys has fought for financial compensation for victims who have suffered strains and sprains from heavy equipment. Contact us to schedule a free consultation and learn about your legal options.
Not all sprains and strains are alike. The location of the injury, the severity of the damage, and the circumstances that caused it all affect how a personal injury claim is evaluated and what compensation may be available. Below are some of the most common sprain and strain injuries seen in Wisconsin personal injury cases.
Whiplash is one of the most frequently reported injuries following rear-end and side-impact car collisions in Wisconsin. It occurs when the head is suddenly forced forward and then snapped back, placing extreme stress on the soft tissues of the neck, including muscles, tendons, and ligaments. Despite being classified as a soft tissue injury, whiplash can produce symptoms that last for months or, in some cases, years after the initial accident.
Common symptoms include neck pain and stiffness, headaches originating at the base of the skull, dizziness, blurred vision, shoulder pain, and difficulty concentrating. In more serious cases, victims report chronic fatigue, sleep disturbances, and persistent neurological symptoms. Because many of these effects are not immediately visible on standard X-rays, insurance adjusters frequently attempt to minimize or dispute whiplash claims. This is one of the reasons why choosing an experienced personal injury attorney matters so much when pursuing compensation for whiplash and related soft tissue injuries.
Soft tissue injuries as a category extend beyond whiplash to include any damage to muscles, tendons, or ligaments that does not involve a fracture or dislocation. These injuries are common in vehicle-related accidents, slip and fall incidents, and workplace accidents. Because they do not always appear on imaging studies, their severity is often underestimated by opposing parties and their insurers.
Building a strong soft tissue injury claim requires consistent and well-documented medical treatment from the time of the injury forward. Gaps in treatment, delays in seeking care, or inconsistent reporting of symptoms can all be used by insurance companies to reduce what they offer in settlement. An attorney who understands how to present soft tissue injury evidence, and who is fully prepared to take a case to trial, puts significantly more pressure on the opposing side to pay fair value. At Warshafsky Law Firm, we have built and litigated these cases for decades, and insurance companies know it.
The strength of a sprain or strain injury claim is directly tied to the quality and completeness of the medical evidence supporting it. Insurance companies do not simply take a claimant’s word for the nature or severity of an injury. They examine the medical record in detail, looking for gaps, inconsistencies, or anything that can be used to reduce the value of a claim. Understanding what types of evidence matter most can help injured people take the right steps after an accident.
Magnetic resonance imaging (MRI) is one of the most valuable diagnostic tools in soft tissue injury cases. Unlike X-rays, MRIs can reveal damage to ligaments, tendons, and muscles that would otherwise go undetected. A clear MRI finding documenting a torn ligament, herniated disc, or significant soft tissue injury provides objective evidence that is difficult for an insurance adjuster to dismiss. If your treating physician recommends an MRI, following through with that recommendation and retaining the results is important to your claim.
Consistent, well-documented treatment records establish a clear connection between the accident and the injuries being claimed. Records should reflect the onset of symptoms, the diagnosis, the treatment plan, and the progress or lack of progress over time. Any delay in seeking treatment or unexplained gaps in care can be used by opposing counsel to argue that the injury was not as serious as claimed, or that it was caused by something other than the accident in question.
Completion of a prescribed physical therapy program demonstrates the ongoing impact of the injury and the effort made to recover. Physical therapy records document pain levels, functional limitations, and the duration of the recovery process, all of which contribute to the overall picture of damages. Attending all scheduled appointments and following your treatment plan strengthens the credibility of your claim and supports demands for compensation covering both past and future medical expenses.
Yes. If your sprain or strain was caused by the negligence of another person, a business, or an employer, you have the right to pursue a personal injury claim in Wisconsin. The fact that a sprain or strain is sometimes described as a “minor” injury does not limit your legal rights. If the injury caused medical expenses, lost wages, or pain and suffering, those losses may be recoverable through a lawsuit or settlement.
In most Wisconsin personal injury cases, the statute of limitations is three years from the date of the injury. However, certain circumstances, such as injuries involving government entities or minors, may affect this timeline. It is important to consult with a personal injury attorney as soon as possible after your injury to ensure your claim is filed within the applicable deadline.
Compensation in a sprain or strain case may include reimbursement for medical bills, costs of ongoing treatment and physical therapy, lost wages during recovery, reduced earning capacity if the injury has long-term effects, and damages for pain and suffering. The total value of a claim depends on the severity of the injury, the quality of the medical documentation, and the skill of the attorney presenting the case.
Insurance companies track which law firms are willing to take cases to trial and which ones are not. Attorneys who routinely settle without litigating have less leverage when negotiating on your behalf. Warshafsky Law has a documented history of preparing cases through trial-ready stages, which creates real pressure on insurers to offer fair compensation rather than risk an expensive courtroom loss. The quality of your attorney directly affects what you recover.
An MRI is not always required, but it can significantly strengthen a soft tissue injury claim by providing objective evidence of damage that is not visible on X-rays. If your doctor recommends imaging, following through with that recommendation and preserving the results is strongly advisable. Your attorney can help you understand how medical evidence will be used in presenting your specific claim.
Related Injuries: joint dislocation, whiplash
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