This guide can help explain your options for claiming personal injury compensation. In the sections below, we detail what a soft tissue injury claim is and who is eligible to start one. We provide the essential information about claim eligibility criteria and time limits when launching a personal injury claim. As well as looking in detail at the duty of care laws which protect you at work, in public and on the roads.
Some accident examples are given. In addition to this, we look at the evidence that can be collected to strengthen your case. We conclude by laying out the advantages of working with a No Win No Fee solicitor on your compensation claim. If you’d like to find out if your case qualifies for help from one of the No Win No Fee solicitors on our panel, you can:
- Contact us online for a free case assessment.
- Ring an advisor on 0161 696 9685 to learn more.
- Use our live discussion window to get an immediate response.
Browse Our Guide
- What Is A Soft Tissue Injury?
- What Is A Soft Tissue Injury Claim?
- How Long Do I Have To Make A Soft Tissue Injury Claim?
- How Much Compensation Could My Soft Tissue Injury Be Worth?
- What Evidence Can Support A Soft Tissue Injury Claim?
- Can I Claim For Soft Tissue Injuries On A No Win No Fee Basis?
- More Resources About Claiming Personal Injury Compensation
What Is A Soft Tissue Injury?
A soft tissue injury is a term used to describe damage to skin, ligaments, tendons and muscles caused by trauma. According to an NHS resource, it can be the result of strain, sprain or overload anywhere on the body and results in:
- Pain and tenderness.
- Swelling and redness.
- Bleeding.
- Numbness and nerve damage if the injury is deep.
- Internal damage if the cause of injury penetrates deeper into the body.
What Is A Soft Tissue Injury Claim?
A soft tissue injury claim for compensation is a type of legal action against a third party who caused you injury because they were in breach of a duty of care. To determine whether negligence occurred, you need to show:
- A duty of care applied at the moment the accident occurred.
- It was breached by a third party.
- You suffered a soft tissue injury as a result.
In the following sections, we look at situations in which you could have a valid personal injury claim for soft tissue damage.
Accidents At Work
Your employer owes you a duty of care as set by the Health and Safety at Work etc Act 1974 (HASAWA). They must take reasonable and practicable steps to ensure your safety whilst performing your job role. You may be eligible to start a personal injury claim for soft tissue injury after an accident at work if you can prove it was caused by employer negligence. For example:
- An employer failed to provide staff with the necessary personal protective equipment (PPE). Because of this, an employee suffered cuts and soft tissue damage to their hands trying to move heavy objects.
- The workplace was not risk-assessed as required. This caused an employee to slip, trip and fall and suffer strains and cuts because of clutter left in a main walkway.
Accidents In A Public Place
A duty of care is described by the Occupiers’ Liability Act 1957 for those in control of areas open to the general public. They need to implement the necessary practicable measures to prevent the public from being harmed whilst lawfully using their premises and facilities. Failure to do so could result in a member of the public suffering an injury. If you sustain soft tissue damage because of a breach in this duty, you could be eligible to make a public liability claim.
Without proper health and safety adherence, the potential for a soft tissue injury could be as follows:
- The staff in a restaurant fails to clear away the plates and cutlery and instead leaves them stacked near the bins. This results in a customer knocking into them and suffering lacerations and bruises.
- The carpet in a cinema was left in a state of disrepair. Despite being aware of the issue, the cinema management failed to fix the problem. A member of the public slipped on the carpet and fell badly, suffering a fractured wrist injury and additional soft tissue injuries to their face and arm.
Road Traffic Accidents
Everyone using the roads, including vehicle drivers, cyclists, motorbike riders and pedestrians, must ensure that they navigate in a safe manner as part of the duty of care that they owe to each other. Road users must comply with the Road Traffic Act 1988 and additional obligations laid out in the Highway Code to fully meet their duty of care to each other.
Some ways that soft tissue injury might be caused in a road traffic accident include:
- A drunk driver causes a multi-car accident on the motorway and several people experience soft tissue cuts, lacerations and compound fractures in the collision.
- A speeding motorcyclist fails to stop in time at a crossing and impacts a pedestrian causing them torn ligaments and bruising, as well as cuts to the face.
- A driver is looking at their mobile phone instead of the road and collides with a cyclist, knocking them into on-coming traffic. This causes severe lacerations to the knees and elbows.
You may have a valid whiplash claim based on a road traffic injury. If your injuries are valued at £5,000 or less and you sustained them as a driver or passenger in a road traffic accident in England or Wales, you may need to claim through the Whiplash Reform Programme. Please call an advisor for further information.
How Long Do I Have To Make A Soft Tissue Injury Claim?
There is typically a three-year time limit in which to start a personal injury claim as set out in the Limitation Act 1980. This period begins from the date of the accident. There are instances where the time limit may alter. For example:
- Those under 18 years of age cannot make a claim themselves until they turn 18. The three-year limitation period starts from this date. A litigation friend can be designated by the courts to start a claim for a minor at any point prior to their 18th birthday.
- No time limit applies for claimants who do not have the mental capacity to claim independently. Again, a litigation friend might be appointed to launch the claim for them. Or if mental capacity returns, the person has three years starting from that date to begin a claim themselves.
If you’d like further clarity about time limits for making a soft tissue injury claim, please connect with advisors for no-obligation advice.
How Much Compensation Could My Soft Tissue Injury Be Worth?
Soft tissue injury compensation amounts are calculated by looking at two areas or ‘heads of loss’. Firstly, general damages apply a value based on the suffering and pain caused by the accident, along with any permanent level of disability caused.
Those who calculate general damages may use publications such as the Judicial College Guidelines (JCG) to help them apply a value to soft tissue damage. This publication (in its 17th edition) lists guideline figures for a head-to-toe index of injuries based on type and severity.
The excerpt below uses JCG entries for severe soft tissue injuries. Important to note is that these figures are only guidelines. Compensation will always vary. In addition to this, we include a top-line figure that does not come from the JCG:
Compensation Guidelines
| Area | Severity | Award Bracket | Notes |
|---|---|---|---|
| Multiple injury types and special damages | Severe | Up to £500,000 plus | Severe and multiple types of harm plus special damages for loss of earnings, care provision and medical treatments. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Injuries that prompt chronic pain and agility conditions. |
| Hand | (e) Serious Hand Injuries | £35,390 to £75,550 | Partial amputations and damage to fingers and palm leaving hand clawed and weakened. |
| Moderate Hand Injuries | £6,910 to £16,200 | A variety of crush and soft tissue injuries that cause permanent symptoms. | |
| Neck | (a) Severe (iii) | £55,500 to £68,330 | Severe soft tissue damage and ruptured tendons. |
| (b) Moderate (i) | £30,500 to £46,970 | Serious soft tissue injuries affecting the neck and back. | |
| Achilles Tendon | Most Serious | In the region of £46,900 | Restricted ankle movements, cramps and swelling from tendon severance. |
| Serious | £30,500 to £36,720 | Residual weakness and ankle movement limitations from a complete tendon division that was successfully repaired. | |
| Ankle | Moderate | £16,770 to £32,450 | Less serious disability, such as difficulty walking on uneven ground or awkwardness on stairs due to ligamentous tears and fractures. |
| Knee | Moderate (i) | £18,110 to £31,960 | Dislocation, torn cartilage or meniscus cause minor instability, wasting, weakness or other mild disability. |
| Psychological harm | (c) Moderate | £7,150 to £23,270 | Despite initial mental health challenges, a good level of recovery seen or predicted by the time the case may be heard. |
The second head of loss that may comprise the settlement is called special damages. These reimburse the claimant for the financial harm caused by the injuries. Solid documented evidence of financial harm, such as the following could be included:
- Wage slips that show a drop or loss in earnings.
- Travel costs to appointments.
- Medical bills and care costs.
Reach out to our advisors for more free guidance on what you could claim. If eligible, they could connect you to excellent legal representation today.
What Evidence Can Support A Soft Tissue Injury Claim?
The foundation of a soft tissue injury claim is evidence that shows how the third party was liable for your injuries. With this in mind, it’s important to collect anything that supports this claim, such as:
- Any available CCTV or dashcam footage that captured the incident.
- Photos of the soft tissue damage and the cause of the injury.
- The contact details of anyone who can provide a supporting witness statement later on.
- Copies of medical records relating to the injuries you sustained.
- Accident book entries relating to the incident or police reports if they attended the scene.
Speak to an advisor today about evidence. They can also provide you with a free case assessment and if your compensation claim for a soft tissue injury seems valid, they could connect you to one of the solicitors from our panel who can help you gather evidence.
Can I Claim For Soft Tissue Injuries On A No Win No Fee Basis?
In addition to helping you with evidence, the solicitors on our panel offer a wealth of expert services to eligible claimants. They can:
- Accurately calculate the compensation you might be owed.
- Witnesses can be interviewed, and statements can be obtained that support your side of events.
- They can meet all court deadlines and clearly explain legal jargon.
Furthermore, the solicitors on our panel offer their services on a No Win No Fee basis. They could take up your case using a Conditional Fee Agreement (CFA). This option offers a host of benefits for the claimant:
- You won’t need to pay initial fees to instruct the solicitors under a CFA.
- The solicitors require no fees for work carried out as the claim moves forward.
- Should the claim outcome not be in your favour, there are no solicitors fees owed for completed services.
- A successful soft tissue injury claim outcome means that a success fee needs to be paid to your solicitor. However, the percentage is subject to a legislative cap. This means you can expect to receive the bulk of the award made.
Why not see if a No Win No Fee personal injury solicitor from our panel could guide you through the claims process?
- Contact us online to learn more.
- Ring an advisor on 0161 696 9685 to chat about soft tissue damage claims.
- As well as this, why not use our live discussion window to get an immediate response?
More Resources About Claiming Personal Injury Compensation
In addition to this guide on a soft tissue injury claim, these other resources might offer more:
- Read about how to include psychological injury as part of your claim.
- Also, this guide looks at public liability claims after injury in a public place.
- Here is a road traffic accident calculator to help after personal injury.
External resources:
- Here is a symptom check from the NHS to help you decide where to seek medical attention.
- As well as this, read about severe soft tissue injuries for children.
- Lastly, some statistics for non-fatal injuries in the workplace from HSE.
In conclusion, we value your interest in our guide about a soft tissue injury claim. To find out if a No Win No Fee solicitor on our panel could handle your compensation case, call on the number above.
