Last updated on March 16th, 2022 at 09:27 am
As you may be aware, if you’re injured in a road traffic accident, an accident at work or in any other type of accident that was not your fault, you could be entitled to compensation. It’s common to base personal injury claims on injuries like broken bones, amputations and head injuries amongst other things. However, soft tissue injuries are one of the most common injuries sustained in many accidents.
Soft tissue injuries can affect many parts of the body and can cause pain and suffering for many months or even years. As such, we’ve written this article on soft tissue injury claims so that you can see when you could be compensated and how the claims process works.
We offer a free initial consultation to all potential claimants. During your call, an advisor will listen to what’s happened and advise you of your options. If they suspect your claim is viable, they’ll connect you with one of our personal injury solicitors. Should your claim be accepted, they’ll agree to represent you on a No Win No Fee basis. As a result, you won’t need to pay for their work in advance and you won’t pay them if the claim fails either. All in all, that should make the whole process much less stressful.
Are you ready to discuss your claim with us right away? If so, please call us on 0800 652 1345. Otherwise, please continue reading to find out when a soft tissue injury claim might be possible.
What are soft tissue injuries?
Soft tissue injuries are those that affect your muscles, nerves, ligaments, tendons, cartilage and synovial membranes. These soft tissues surround your bones, joints, organs and other structures to help protect them. The most common soft tissue injuries are:
- Bruises: where damage to small blood vessels bleed internally causing swelling and discolourisation of the skin.
- Sprains and strains: where fibres of your ligaments are torn or overstretched.
- Contusions: here the fibres in your muscles are torn.
- Tendinitis: where a tendon becomes inflamed or irritated.
The most common symptoms of soft tissue injuries include:
- Visible bruising.
- Joint instability.
- Weakness in a muscle.
- Muscle spasms.
- Limited range of motion in a joint.
- The inability to bear weight.
- Muscle cramps.
While painkillers, steroid injections or physiotherapy might help reduce these symptoms, often there’s little to do other than rest and let your body heal. Failure to do so could make your condition worse. As a result, your domestic, social and work life could all be affected. As a result, you might decide to take action and start a soft tissue injury claim.
Can I claim compensation for a soft tissue injury?
Our personal injury lawyers don’t want to waste your time or theirs. For that reason, they will only take on soft tissue injury compensation claims where there’s a reasonable chance of success. To assess this, they’ll look at whether:
- You were owed a duty of care; and
- The defendant broke the duty of care by being negligent; and
- You sustained your soft tissue injury because of the accident caused by the defendant’s negligence.
A legal duty of care is present in many of the scenarios listed above so don’t worry too much about this. For example, employers have a duty of care to try and keep their staff safe at work. Similarly, all road users must drive safely to try and protect each other while on the roads. Different pieces of legislation can be used but your solicitor will check this before agreeing to take on your claim.
Common causes of soft tissue injuries
There are many types of accidents that could lead to a soft tissue injury claim. Some of the most common that lead to compensation claims include:
Essentially, any type of accident could entitle you to compensation if it caused a soft tissue injury and was caused by somebody else. That means you could claim against drivers, employers, holiday companies, local authorities, businesses and charities.
Common soft tissue injuries claimed for
The most common soft tissue injuries claimants are compensated for include:
Whether your type of injury is in the above list or not, if it was caused by somebody else’s negligence you could be entitled to be compensated so please contact our advisors if you have any doubts.
Common reasons compensation for soft tissue injuries might be paid
A few common examples of why compensation might be paid for soft tissue injuries include:
- If your employer failed to give you personal protective equipment and you were injured as result.
- Where you suffered soft tissue injuries after being injured cycling by a driver who was distracted by their phone.
- Where you tripped on a pothole that the council knew about and had not fixed promptly.
- If you suffered a repetitive strain injury even though you’d raised concerns about your working conditions with your employer.
- If you were injured after slipping in a shop as a retail worker because a leak or spillage was not cleared up quickly by a colleague.
Your main role during the claims process will be to provide evidence of how the accident occurred and how you were injured. As such, we’ll look at this in some detail later on.
How much compensation for a soft tissue injury?
When making soft tissue injury claims, your solicitor won’t just ask the defendant to pay you some money to settle the claim. Any amount you ask for must be based on how you’ve been affected. The main losses the value of your claim is made up of are called general damages (based on your injuries) and special damages (based on any financial impact). The idea of personal injury compensation is to try and put you back in the position you were in before the accident took place.
So, if you do decide to make a soft tissue injury claim, you could be entitled to compensation for:
- Any pain and suffering that your soft tissue injuries have caused.
- Loss of earnings (including future losses for long-term injuries).
- Any impact on your social life or hobbies (loss of amenity explained here).
- Travel expenses linked to your injuries.
- Care costs if you needed support while recovering.
- Medical and rehabilitation expenses.
- The cost of making changes at home to help you cope with long-term injuries.
When you submit your claim, you need to make sure everything is included as you can’t claim again once you’ve settled the case. If your case is taken on by one of our solicitors, they’ll try to include everything so that you are paid the maximum settlement amount possible.
Providing proof for soft tissue injury compensation claims
Whether you’re claiming compensation for soft tissue injuries from a car crash, a fall on a pavement or an accident at work, the defendant will usually ask their insurance company to deal with everything on their behalf. Even in clear cut cases, insurers won’t pay any compensation if it’s not clear how their defendant caused your accident and injuries. As such, you’ll need to supply as much proof as possible.
This could include:
- Photographs of the accident scene. It’s always a good idea to take out your phone and take pictures of the aftermath of the accident. This should be done as soon as possible and, ideally, before anything is moved.
- Video recordings. Dashcam and CCTV recordings can also be used to prove how an accident happened. Where possible, you should ask for a copy of any relevant footage asap.
- Accident reports. Most accidents on business premises must be logged in an accident report book. Your rights after an accident at work mean you are entitled to a copy of the report and should keep it somewhere safe. Supplying the report as proof in your case would make it difficult for the defendant to deny that the accident happened.
- Witness information. You should ask anybody else who saw your accident for their contact details. If your solicitor needs to, they might ask for a statement from them to help establish what happened.
- Hospital records. Rather than relying on first aid alone, you should have your soft tissue injuries checked at a hospital or minor injuries unit. That way, your injuries will be assessed properly and you’ll receive the correct treatment. At a later date, you could request your medical records and use them as evidence to prove how you were injured.
- Record of events. Something else you could use to help explain how you’ve suffered is a record of events or a diary. Within it, you could write down any times you couldn’t work because of your injuries and when you couldn’t participate in family activities.
- Financial impact. Finally, you could record any costs that you’ve incurred as well.
If you call to discuss a soft tissue injury compensation claim with us, your advisor will review your proof for free. They’ll let you know whether anything else is required or if you already have grounds to start a claim.
Will I need a medical assessment?
To help prove the extent of your injuries, it’s possible you’ll need to supply an independent medical report as part of the claims process. For that reason, your personal injury solicitor will look to book an appointment with a medical specialist for you (usually locally).
During your assessment, the specialist will talk to you about any impact your injuries have had on you. Then they’ll examine you and read your medical notes. Once they’ve finished, they’ll produce a report detailing your injuries and prognosis for all parties involved in your claim.
Soft tissue injury claims time limits
In the UK, personal injury claims have a 3-year time limit. The limitation period usually starts from:
- When your accident occurred; or
- The date you were informed of your injuries by a doctor (your date of knowledge).
Our advice on starting a soft tissue injury compensation claim is to begin as soon as possible. There are a few reasons for this. Firstly, your solicitor will have plenty of time to arrange medical appointments and collect evidence. Secondly, you’ll find it easier to remember what happened. Finally, if the defendant admits liability for your injuries, you could ask for an interim compensation payment to cover the cost of private medical treatment.
Soft tissue injury claims involving children don’t have a time limit. So long as you claim before the child’s 18th birthday, you can begin the litigation friend process at any point.
To start the claims process with us, please call our team of specialist advisors today.
No Win No Fee soft tissue injury claims
It’s our opinion that having legal representation will improve your chances of a) making a successful soft tissue injury claim and b) being compensated fairly. However, we realise that nobody wants to risk paying a solicitor and then losing their case. That’s the reason our team of personal injury solicitors work on a No Win No Fee basis for any claim they work on.
If your case is suitable, you and your solicitor will sign a contract called a Conditional Fee Agreement (CFA). This will allow the solicitor to start working on your case without you paying their fees in advance.
If the claim doesn’t work out in your favour, you won’t need to pay for your solicitor’s work. If the claim is won, you’ll pay them the success fee that’s listed in your CFA.
The success fee is a percentage of any compensation you receive. It’s deducted from your settlement by the solicitor to cover their expenses and their time. Legally, the most you’ll pay as a success fee when using a CFA is 25%.
To see if we could appoint a No Win No Fee solicitor to your case, please contact us today.
Star a soft tissue injury claim today
If you believe you’ve got grounds to claim for a soft tissue injury, one quick call to our dedicated advisors is all it takes to begin the process. If you call us on 0800 652 1345 today, your claim will be reviewed and you’ll be given free legal advice straight away.
Should your claim be suitable, we’ll connect you with one of our personal injury lawyers who’ll represent you throughout the case.
If you have any additional questions about soft tissue injury claims, please feel free to discuss them with an advisor via our live chat service, or request a free claim consultation on this page.