Soft tissue injuries can be painful, may restrict your mobility, and disrupt your daily life. Soft tissue injuries are not always immediately visible, with symptoms potentially taking some time to become apparent. These injuries can significantly impact your daily life, ability to work, and your independence. Whether you suffered a strain at work, a sprain in a public place, or whiplash in a road accident, you may be wondering if you are owed compensation. If someone else was responsible for your accident taking place, you could have grounds to make a soft tissue injury claim.
Compensation for soft tissue damage could cover the physical pain caused by the injury and any emotional distress. In addition to this, you could also recover your financial losses, such as lost earnings for the time taken off work or the expenses relating to hiring home help while you healed from the injury.
To make any type of personal injury claim, you have to show that the other party had a responsibility towards your safety at the time of the accident, one which they failed to uphold. At No Win No Fee Lawyers Direct, we work with a panel of lawyers, experienced at helping people to claim compensation for soft tissue injuries. Following a review with a member of our advisory team, you could be connected to one of these lawyers who could guide you throughout your claims journey.
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Jump To A Section
- Can I Make A Soft Tissue Injury Claim?
- How Might A Soft Tissue Injury Be Sustained?
- What Is Classed As A Soft Tissue Injury?
- How Much Soft Tissue Injury Compensation Can I Claim?
- How To Prove Fault For A Soft Tissue Injury
- How Long Will I Have to Bring My Soft Tissue Injury Claim?
- Why Choose No Win No Fee Lawyers Direct After A Soft Tissue Injury?
- Soft Tissue Injury Compensation On A No Win No Fee Basis
- Find Out More
Can I Make A Soft Tissue Injury Claim?
You could make a soft tissue injury claim for an accident which has happened at work, on the road, or in a public place. Crucially, to make any type of personal injury claim, you must prove that negligence has occurred, as listed below.
You Were Owed A Duty Of Care.
This may be owed by your employer, a road user, or the party controlling a public place who had a legal responsibility towards your health and safety at the time of the accident. The responsible party must take steps to prevent soft tissue damage.
This Duty Was Breached.
This means that the party above failed to meet the duty of care they owed you, leading to an accident. For example, by failing to carrying out risk assessments, your employer did not identify that a ladder was not sturdy.
You Suffered A Soft Tissue Injury.
The injury must have been the result of the breach identified above. Continuing with the example above, you fell suffering damage to your achilles tendon. Furthermore, the soft tissue damage must be medically recognised in order to have a valid claim. However, it can range from minor damage and bruising to injuries that lead to chronic conditions. You can also claim compensation for multiple injuries.
Please contact an advisor for an assessment of your soft tissue injury claim. An advisor is ready to assist you no matter the time of day or night.
How Might A Soft Tissue Injury Be Sustained?
Soft tissue injuries could be sustained in a range of everyday accidents, such as manual handling incidents at work, rear-end car accidents, and slips and falls in public places. Below, we look at potential examples of when and how accidents could occur.
Soft Tissue Injuries After Road Traffic Accidents
Soft tissue injuries could occur after road traffic accidents, such as,
- Rear end collisions, these can commonly cause neck injuries, such as whiplash due to the impact from behind.
- Pedestrian collisions, pedestrians struck by vehicles could sustain serious soft tissue damage, such as sprained tendons and torn ligaments.
How Will The Whiplash Reforms Impact A Claim?
The Whiplash Reform Program (WRP) introduced a new process for making low-value road traffic accident claims, such as those involving whiplash. Under The Whiplash Injury Regulations 2021, injuries are assessed in line with a fixed tariff. However, the claimant must have been a driver or passenger in a motor vehicle over who was 18 or older at the time of the accident. Furthermore, the collision must have occurred in England or Wales. An advisor could explain how the WRP and official injury claim process may impact your case.
Soft Tissue Injuries After Workplace Accidents
A soft tissue injury could occur after an accident at work, such as,
- Manual handling incidents, in which your employer asks you to move a heavy load without training, instruction, or lifting equipment.
- Slips and falls, caused by trip hazards being left across walkways in a workplace.
Soft Tissue Injuries After Public Place Accidents
A soft tissue injury may be caused by public liability accidents, such as,
- Slips, trips, and falls, caused by the occupier of a shopping centre failing to repair broken stairs.
- Swimming pool accidents, caused by broken tiles around the pool cause someone to trip and twist their ankle.
To find out how our panel of personal injury solicitors could help you, get in touch with our advisory team today.
What Is Classed As A Soft Tissue Injury?
Soft tissue injuries can affect connective tissues, such as tendons and ligaments, as well as the muscles. They can range in severity from mild strains and sprains through to severe tears of connective tissues or muscles.
Examples can include:
- Strains, where tendons or muscles may be torn.
- Sprains, where connective tissues are overstretched or torn.
- Tendon injuries, such as tendonitis in which the tendon is inflamed due to overuse or impact.
- Torn and severed tendons and ligaments, limiting movement and requiring surgery.
- Bruising and contusions, caused by impacts.
- Torn muscles, partial or full tears of a muscle.
This is a non-exhaustive list. A lawyer from our panel could help you claim for these, as well as other soft tissue injuries. Get in touch to learn more about personal injury compensation claims.
How Much Soft Tissue Injury Compensation Can I Claim?
How much compensation you could claim will depend on the type and severity of your injury, the duration of your symptoms, the impact it has on your life, and whether it caused you any financial losses.
To calculate how much compensation the pain and suffering caused by your injury may be awarded, your solicitor may consult the Judicial College Guidelines (JCG). This resource publishes guideline compensation amounts for different forms of harm.
The following table uses figures from the JCG as well as our own example in the first row and figures from the fixed whiplash tariff.
| Harm And Severity | Notes | Compensation |
|---|---|---|
| Multiple soft tissue injuries + special damages for lost income, care costs & medical bills. | Covering the most severe forms of soft tissue injury. | Up to £100,000+ with special damages. |
| Very severe achilles tendon injuries (a) | In which the tendon is severed as well as the peroneus longus muscle. | In the region of £50,770 |
| Moderate back injuries (b) (ii) | Soft tissue injuries which accelerate or make worse an existing condition, such as ligament damage. | £16,520 to £36,680 |
| Moderate neck injuries (b) (ii) | Soft tissue and wrenching-type injuries, limiting movement and causing pain. | £18,150 to £33,020 |
| Modest ankle injuries (d) | Ligament injuries, sprains, and similar soft tissue injuries. | Up to £18,150 |
| Moderate shoulder injury (c) | A frozen shoulder which limits movement in the joint. | £10,420 to £16,870 |
| Moderate to minor elbow injuries (c) | This could include soft tissue injuries, such as tennis elbow. | Up to £16,640 |
| Wrist injury (d) | Soft tissue injuries which take 12 or more months for you to recover from. | £8,030 to £13,670 |
| Whiplash fixed tariff - injury lasting between 18 and 24 months | £4,830 | £4,975 (with minor psychological damage) |
| Whiplash fixed tariff - injury lasting between 15 and 18 months. | £3,445 | £3,550 (with minor psychological damage) |
Can My Soft Tissue Injury Claim Cover Financial Losses?
Yes, soft tissue injury claims can also cover financial losses, such as reductions in your income, medical bills, and physiotherapy costs. These may be compensated under the second head of loss, special damages.
Financial losses you could claim include:
- Lost income due to time taken off work to recover from soft tissue damage.
- Medical expenses, such as the cost of reconstructive surgery following severe soft tissue injuries.
- Rehabilitation and physiotherapy costs to help aid your recovery.
- Adaptations to your home or vehicle to help you cope with any disability.
- Home help costs, such as needing to hire a cleaner while you recover from your soft tissue injury.
You must present evidence of out of pocket expenses, such as bank statements. A lawyer from our panel could help ensure you claim for any expenses incurred.
How To Prove Fault For A Soft Tissue Injury
Evidence such as accident reports and footage of from the scene can be used to prove fault and support your soft tissue injury claim. Evidence can support claims by showing how the accident happened, what soft tissue injury you sustained, and who was at fault.
This could include:
- Accident report forms, such as copies of public or workplace accident report book entries, or of reports made to the police concerning road traffic accidents.
- Details of the other road user, including their name, insurance and vehicle information, if your accident occurred on the road.
- CCTV, dashcam, or other video and photo evidence both of the scene of the accident and of any visible injuries.
- Contact information for anyone who witnesses the accident.
In addition to proving fault, you will need evidence that shows the nature of your injury, such as your medical records. As part of the claims process, you may be invited to attend an independent medical assessment that can also provide details such as your prognosis.
You can find out more about the evidence needed in personal injury claims by getting in touch with one of our advisors.
How Long Will I Have to Bring My Soft Tissue Injury Claim?
You will typically have 3 years in which to bring your soft tissue injury claim. This period will usually begin on the date on which your accident occurred.
This period is set by the Limitation Act 1980. Under this act, there are two exceptions to the standard time limit. Notably, these are for claims involving those unable to claim for themselves, such as children and those with reduced mental capacity.
You can learn more about the limitation period in our guide to the personal injury claims time limit. As part of your free consultation, an advisor will discuss the limitation period with you and ensure that your claim is within it.
Why Choose No Win No Fee Lawyers Direct After A Soft Tissue Injury?
When you choose No Win No Fee Lawyers Direct after a soft tissue injury, you can gain access to a specialist injury lawyer from our panel, as well as additional support to secure the treatment and rehabilitation you need. Our team understands how disruptive soft tissue injuries, such as muscle strains, sprains, whiplash, and tendon damage, can be and the importance of getting you the help you need, as soon as possible.
By using our individually tailored service and a solicitor from our panel, you could benefit from,
- Specialist understanding of soft tissue injuries and how your symptoms can progress, change, or worsen over time.
- Access to tendon and ligament injury rehabilitation and recovery services, such as physiotherapists.
- An accurate valuation of your soft tissue injury, assessing its severity, the presence of pain, mobility issues, and how long it lasted or may last.
- Guidance through the personal injury claims process, such as navigating the whiplash claims process.
- Help accessing interim payments if your soft tissue damage prevented you from working or to help meet the cost of physiotherapy.
Soft Tissue Injury Compensation On A No Win No Fee Basis
A key advantage of choosing No Win No Fee Lawyers Direct for your compensation claim is the ability to do so without upfront lawyers fees, on a No Win No Fee basis. Through a Conditional Fee Agreement (CFA), you could have excellent legal representation without worrying about finding the money before the claims process even starts. You also won’t have to pay a solicitors’ fee as the claim moves through the process.
Under the CFA, your solicitor will deduct a success fee from your compensation if your claim is successful. There is a legal cap placed onto the percentage that can be deducted and it will be pre-agreed. Thus, ensuring you can access an expert lawyer whilst retaining the majority of your settlement.
The lawyers on our panel are experienced in supporting people through the soft tissue injury claims process. Our team is here to help secure the compensation, support and treatment you need.
Contact Our Advisors
Contact our advisors today to get help and support with your soft tissue injury claim.
- Call us free on 020 8050 4194
- Click here and complete our form to contact us.
Find Out More
Find out more about when and how to make a personal injury claim.
- View our cycling accident claims guide.
- Check how to claim for a neck injury.
- Learn more about slip and fall claims.
References.
- Learn about soft tissue injuries in this NHS resource.
- First aid guidance from the NHS.
- Check how to get CCTV footage of yourself.
Contact our advisors for help with your soft tissue injury claim.