Soft Tissue Injury Claims
If you have suffered a soft tissue injury within the past three years due to an accident that wasn’t your fault, you could be entitled to make a soft tissue injury claim.
Whether your injury was caused by a road traffic accident, an accident at work or from slipping on a wet floor in a supermarket, you should be eligible to claim compensation for your injuries.
The range of injuries that can affect the soft tissues in the arms and legs are particularly broad. Strains, sprains and bruising can occur from various types of accidents, such as slips, trips and falls.
Sprains in the limbs occur when the ligaments are overstretched, torn or ruptured. In the work environment, soft tissue injuries to the lower back, ankles and knees are unfortunately quite common.
Various types of musculoskeletal disorders caused by excessive repetition of certain physical activities can result in permanent soft tissue damage. These disorders fall under the repetitive strain injury category, including carpal tunnel syndrome, vibration white finger, bursitis and tendonitis.
If you have been involved in an accident that wasn’t your fault and have suffered a soft tissue injury, you could be entitled to compensation. To find out if you have a valid claim, speak to a legal adviser for a free consultation by calling 0800 678 1410 or by requesting a call back.
Can I claim compensation for a soft tissue injury?
If you or your child has been involved in an accident, it may be possible for you to make a soft tissue injury claim if:
- the accident and injury happened less than three years ago.
- somebody else was at fault for the accident.
- the person at fault owed you a duty of care.
If each of the above statements is true, you should be eligible to claim compensation for your injuries.
What is a soft tissue injury?
The term soft tissue injury can be used to describe a range of different injuries that affect the muscles, ligaments, tendons, cartilage and nerves in various parts of the body.
Some of the most common soft tissue injuries are sprains, strains, bursitis, tendinopathy, contusions, lacerations, compression injuries and ruptures.
The four main types of tissues that may get damaged due to an accident include the epithelial, nervous, muscular, and connective tissues.
Each year there are around 3 million hospital visits in the UK for soft tissue injuries, according to statistics produced by the British Orthopaedic Foundation (BOA).
One of the most well known soft tissue injuries is whiplash, which is commonly sustained by people involved in car accidents. This is when the force of an impact causes the neck muscles and ligaments to be suddenly stretched beyond their normal range of motion.
Whatever type of soft tissue injury you have sustained, you could be entitled to claim injury compensation if somebody else was to blame.
What are the most common causes of soft tissue injuries?
As mentioned above, one of the most common causes of soft tissue injury is road traffic accidents, which often result in a whiplash injury. However, many other types of accidents can cause soft tissue injuries, including:
Soft tissue injuries at work
If you have suffered soft tissue injuries at work due to the negligence of your employer or a co-worker, you may be eligible to seek compensation for the damages that you have suffered.
All employees are owed a duty of care by their employer. Health and safety legislation, such as the Health and Safety at Work etc. Act 1974 makes employers responsible for providing employees with a safe working environment.
Examples of the type of work accidents that could result in a soft tissue injury include:
- repetitive strain injuries, such as carpal tunnel syndrome and tendonitis
- slips and trips at work
- injuries caused by faulty machinery
- back injuries from heavy lifting
Slips and trips
Slips, trips and falls are among the most common accidents that result in soft tissue injuries. If you slip on a wet floor in a supermarket or trip over a raised paving slab on the street, you can easily sprain an ankle or suffer other soft tissue damage.
Under the Occupiers Liability Act 1957, all business owners are responsible for safeguarding the welfare of people who visit their premises. This means that shops, supermarkets, restaurants and other businesses must take steps to eliminate avoidable risks that could cause injury.
If you have suffered a soft tissue injury in a shop, supermarket or any other public place, you could be eligible to make a soft tissue injury claim against the premises owner.
How much compensation can I claim for a soft tissue injury?
How much compensation you receive for soft tissue injuries will depend on the impact the injury has on your life and the financial losses you have incurred as a result.
Compensation for personal injury is broken down into two separate parts:
- General damages
- Special damages
General damages is an award of compensation for the pain and suffering caused by the injury. Solicitors use guidelines published by the Judicial College, which recommends compensation ranges for all different types of injuries of varying severity.
Special damages are based on calculating all the financial losses you have faced that can be attributed to the accident and your injuries. This can include:
- loss of earnings if you have had to take time off work
- travel costs if you have had to pay for taxis or public transport to take you to medical appointments
- rehabilitation costs, such as physiotherapy
The above are just a few examples of the financial losses you could incur due to a soft tissue injury. Your solicitor will aim to recover the maximum compensation that considers all aspects of your pain, suffering and financial losses.
How long do I have to claim for soft tissue damage?
In the vast majority of cases, you will have up to three years from the date of the accident to make an injury claim. Once this time limit has passed, your claim would be considered statute-barred under the Limitation Act 1980.
There are a few exceptions to the three year period that should be noted. The first of these is when the person injured is a child. With child accident claims, instead of beginning on the date of the accident, the three year time limit begins to count down once the injured person turns 18 years old.
If your soft tissue injury resulted from a criminal assault, your claim would be made through the Criminal Injuries Compensation Authority (CICA). These claims have a two year time limit from the date of the assault.
How to make a soft tissue injury claim?
If you have suffered a soft tissue injury in an accident that wasn’t your fault and would like to find out if you can claim compensation, the first step is to contact a legal adviser for a free consultation. You can arrange this by requesting a call back using our online claim form or by calling free on 0800 678 1410.
A trained legal adviser will provide the free consultation, during which they will ask you some questions about your accident and the injuries and losses you have sustained. Based on this information, they will let you know if they think you could be entitled to injury compensation.
If you have a valid claim and would like to proceed, you will be connected with an experienced personal injury solicitor that specialises in the type of accident that caused your soft tissue injury.
Your injury solicitor will help build the strongest case possible by gathering evidence and negotiating on your behalf. They will work hard to ensure you receive maximum compensation for your soft tissue injury, as well as any other injuries and financial losses related to your accident.
Your solicitor will take on your soft tissue injury claim on a no win no fee basis. This means there are no upfront costs or hidden fees. Your solicitor will only charge a fee if your claim is successful, which is capped at a maximum of 25% of the compensation awarded.
If your claim is unsuccessful, you won’t have to pay a penny. So there is no financial risk when making a soft tissue claim using the no win no fee service.