Are you looking for soft tissue injury compensation? Perhaps the negligent acts of others resulted in you suffering serious strains to ligaments, muscles or tissue lacerations. Prolonged pain and scarring can impact your life significantly and compensation could help. This guide will detail the personal injury claims process and explain everything you need to know to move forward:
Key Things To Remember In Soft Tissue Injury Claims
- You’re legally owed a duty of care in various places. If those responsible fail to apply it properly and you’re harmed, you can seek damages from them for physical, psychological and financial harm.
- Your soft tissue injury claim for compensation could be made for even minor injuries.
- You can act as a representative for your child if they are injured and need to claim.
- You can seek legal representation to help and don’t have to face the soft tissue injury claims process alone.
- The solicitors on our panel provide eligible claimants with a type of No Win No Fee agreement which means no immediate or ongoing legal costs need to be paid to get started.
All this information is detailed in the sections below. However, you can also connect with our dedicated advisors at any point (with no obligation) to access free information about the personal injury compensation process:
- Contact us online using this form.
- Call us on 0800 073 8801 to get your free initial consultation.
- Message us by using our live discussion window below.
Select A Section Of Our Soft Tissue Injury Claim Guide
- Can I Make A Soft Tissue Injury Claim?
- Types Of Soft Tissue Injuries
- Making A Whiplash Claim
- Soft Tissue Injury Claims Value – How Much Compensation Could I Get?
- My Child Suffered A Soft Tissue Injury, Can I Claim?
- Why Make Your Soft Tissue Injury Claim With Us?
- Learn More
Can I Make A Soft Tissue Injury Claim?
To qualify for starting a soft tissue injury compensation claim, you need to meet three criteria that define third-party negligence:
- A duty of care was in force at the time of the accident.
- The third party responsible for this duty of care breached it in some way.
- You suffered harm as a direct consequence.
An obligation to the health and safety of others applies in a variety of areas. We look at three of the most common places where failure to meet a duty of care might cause you a no-fault accident and soft tissue injury:
Accidents In The Workplace
All UK employers must adhere to legislation called the Health and Safety at Work etc Act 1974 (HASAWA). This outlines the duty of care requirement towards their employees, and any visitors or the public who might encounter their premises.
Employers are duty-bound to take proportionate and reasonable steps to ensure that risks to employees are removed or controlled. Should an employer not apply health and safety requirements, they could be liable for any consequent injuries the employee suffers.
If you get in touch, our advisors can discuss your soft tissue injury claim right now. They can ascertain whether you have grounds to seek compensation against a negligent employer after an accident at work.
Road Traffic Accidents
Duty of care applies to road users. They are required to exercise care and diligence on the roads by complying with both the Road Traffic Act 1988 and the Highway Code. Failure to fully meet their duty of care obligations means that anyone injured by negligence could start a legal action for compensation against the road user at fault.
Public Liability Accidents
Whichever third party controls an area open to the general public owes them a duty of care. The Occupiers’ Liability Act 1957 requires them to implement any steps and measures necessary to reasonably prevent the public from being harmed. This applies while lawfully on their premises or using their facilities as intended.
Whatever the location of your soft tissue injury, if you feel that it only happened because of the failure of others to protect you from harm, speak to our advisory team to explore options.
Types Of Soft Tissue Injuries
According to the NHS, some common soft tissue injuries can include the following:
- Strains and sprains.
- Torn or snapped muscles,
- Torn ligaments and tendons that connect bones.
- Cuts and bruises.
- Swollen joints, inflammation, redness and heat.
- Conditions like tennis elbow and whiplash.
- Deeper cuts and lacerated tendons (from a direct blow or sudden trauma).
- More serious neck damage, flesh wounds and degloving of flesh that surrounds the bones.
A soft tissue injury can impact any region of the body but commonly affects the back, limbs or Achilles tendon in the foot joint, (often caused by sports injuries). It’s possible to experience a combination of these symptoms. Speak to our advisor for detailed guidance about your minor soft tissue injury claim.
Making A Whiplash Claim
The way that compensation claims are made for whiplash (and certain soft tissue injuries) was recently altered by the Whiplash Reform Programme. Any claim now valued at under £5,000 for injuries like this needs to be submitted through an alternative method. This only applies to drivers and passengers over the age of 18. This method also uses its own tariff award amounts.
If you feel your whiplash and/or soft tissue injury claim is valued at over £5,000 it can be submitted through the normal route. A solicitor may be able to help with either case, so speak to our team to ensure your whiplash claim is directed correctly. You could be owed more.
Soft Tissue Injury Claims Value – How Much Compensation Could I Get?
A successful soft tissue compensation claim could see an amount comprised of two types of loss called general and special damages. General damages apply a figure to issues like the physical injuries themselves and associated psychological suffering. As well as any permanent disability caused and the overall impact on the person’s life (‘loss of amenity’).
Those responsible for the calculation of general damages often look at medical findings that might be submitted as evidence. They compare these to publications like the Judicial College Guidelines (JCG). This lists award bracket amounts based on successful personal injury claims in England and Wales.
Importantly, these claim amounts represent guidelines only. Every claim varies according to individual circumstances. We’ve compiled a table below showing soft tissue injuries to illustrate. The first amount is not from the JCG. You can always speak to our team for a more accurate idea of how much compensation applies to you:
Compensation Guidelines
| INJURY | SEVERITY | JCG AWARD AMOUNT | DETAILS |
|---|---|---|---|
| Multiple cases of serious injury and special damages payment. | Serious | Up to £100,000 plus. | Cases of more than one serious injury and special damages for a combination of lost income, care costs and medical bills. |
| Back | (a) Severe (iii) | £47,320 up to £85,100 | Soft tissue injuries that lead to chronic pain despite treatment. |
| (b) Moderate (i) | £33,880 up to £47,320 | Award includes lumbar fracture injuries that cause constant discomfort and pain. | |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 | Includes serious combined soft tissue injuries to the back and neck. |
| (b) Moderate (ii) | £16,770 up to £30,500 | Wrench-like' soft tissue injuries that serious limit movement and cause reoccuring pain. | |
| Leg | (c) Less Serious (i) | £21,920 up to £33,880 | This bracket also covers soft tissue injuries that results in cosmetic deficit, nerve damage and functional restriction. |
| Shoulder | (b) Serious | £15,580 up to £23,430 | Dislocations and brachial plexus damage that causes pain, aching, weakened grip and permanent intrusive symptoms from soft tissue injuries. |
| Hand | (h) Moderate | £6,910 up to £16,200 | Crushes, penetrating wounds and soft tissue injuries that injuries where surgery fails and disability remains. |
| Whiplash Tariff | Injury for 15 - 18 months | £3,100 | More than one type of injury (that can include psychiatric harm). |
| Whiplash Tariff | Injury for 18 - 24 months | £4,345 | More than one injury (which can include psychiatric harm). |
What Are Special Damages?
Special damages are the second category of loss that can form the overall compensation. This reimburses the person for the associated financial harm the soft tissue injuries caused them. Documented evidence must support a claim for financial loss. For example:
- Receipts for payment to anyone who looked after you.
- Receipts for prescription medication or private medical treatment costs that you had to pay for yourself.
- Payslips and bank statements that prove a drop or loss of earnings caused by the injuries.
- Childcare costs generated by the injury, or any hospitalisation.
- Invoices to prove adaptations made in your home or car to deal with a permanent disability.
Other financial impacts may qualify to be included under special damages. Why not see if the advice of an expert personal injury solicitor from our panel could help you get the maximum compensation owed for your soft tissue injuries? Call now.
My Child Suffered A Soft Tissue Injury, Can I Claim?
Those under 18 cannot start a personal injury claim themselves. A parent, guardian or other concerned party is designated by the courts to act as a litigation friend and handle the claim on their behalf. Should no claim be made on behalf of the child, the Limitation Act 1980 gives them three years from the date of their 18th birthday to claim independently.
What Happens To Compensation Awarded To Children?
If personal injury compensation is awarded to a minor, it is usually held in a secure account with the Court Funds Office until they become 18. After this, the money is transferred to them. A court order is needed to access any of the money for the child’s treatment, care or other needs. If you have to claim on behalf of a child, our advisors are happy to offer more free helpful information.
Why Make Your Soft Tissue Injury Claim With Us?
It makes sense to see if a skilled solicitor could help you get more. The solicitors on our panel provide eligible claimants with a host of excellent services:
- They know what supporting evidence strengthens your claim and can help you collect medical reports and witness statements.
- They take care of all negotiations with the other side.
- They meet important dates and court deadlines.
- Essential pre-action protocol for personal injury claims are all taken care of.
- They will argue vigorously on your behalf for the maximum compensation owed to you.
- Their expertise means they understand the importance of calculating a compensation amount that includes all losses. Making sure you get the fullest settlement for what you’ve suffered.
If eligible (and you decide to place your claim in professional hands), you can know that your solicitor is working tirelessly to get you the best result. Allowing you to concentrate on your recovery.
The Benefits Of Working With A No Win No Fee Accident Claims Solicitor
The specialist solicitors on our panel can also provide eligible claimants with a Conditional Fee Agreement (CFA) to start their soft tissue injury claim. This is a form of No Win No Fee contract which typically offers the following benefits:
- No solicitors fees apply for work to start.
- No solicitors fees apply as work on the claim carries forward.
- You won’t owe your solicitor fees for completed work if the claim is unsuccessful.
- A success fee applies in winning outcomes. This percentage deduction rewards your legal team.
- However, this percentage is capped by law.
See if a solicitor from our panel could handle your soft tissue injury claim and start the conversation now:
- Contact us online using this form.
- Call us on 0800 073 8801 about how to claim compensation for soft tissue damage.
- Message us by using our live discussion window below.
Learn More
The focus of this guide was making a soft tissue injury claim and you might find these other resources useful:
- This guide looks at your rights after a car accident.
- Also, read whether you need to be an employee to claim for a workplace accident.
- In addition to this, read about public liability claims for accidents out and about.
External information
- Here is information on when to call 999 from the NHS.
- Also, serious soft tissue information.
- As well as this, read about managing a soft tissue injury here.
In conclusion, thanks for reading our guide on making a soft tissue injury claim. For any other free information about how expert personal injury solicitors could help you, get in touch with the team.
