If you have suffered a soft tissue injury in an accident that wasn't your fault, you could be entitled to make a no win no fee compensation claim.
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Soft Tissue Injury Claims
If you suffered soft tissue damage because of someone else’s negligence, you may be entitled to make a soft tissue injury claim.
These injuries involve trauma to the muscles, tendons, ligaments or nerves, such as sprains, strains, tendonitis and lacerations. Soft tissue injury claims can arise from a wide range of accidents, including road traffic accidents, workplace accidents, sports injuries and accidents in public places.
A specialist personal injury solicitor can assess your case and help you recover compensation for your pain and suffering, as well as any financial losses or expenses caused by your injury.
For a free, no-obligation consultation, call 0800 470 0472 or request a call back. If you have a valid case, your solicitor will offer you a no win no fee service, so you would not usually have to pay legal fees if the claim is unsuccessful.
Key points about soft tissue injury claims
- Eligibility: You can make a claim if a soft tissue injury was caused by someone else’s negligence or lack of care.
- Common Causes: These injuries often result from slips and trips, road accidents, or manual handling at work.
- Time Limit: You usually have three years from the accident or diagnosis to make a soft tissue injury claim.
- Compensation: The amount will vary depending on the severity and location of the injury, as well as financial losses and recovery time.
- No Win, No Fee: Your solicitor will work on a no win no fee basis, which means there’s nothing to pay if the claim isn’t successful.
Table of Contents
What is a soft tissue injury?
Soft tissues are essential structures that support and connect organs and other body parts, give shape and stability to the body, store energy and protect vital organs. For general medical information on soft tissue injuries, you can visit the NHS guidance on sprains and strains.
A soft tissue injury refers to damage to any of the body’s soft tissues, which include:
- Muscles – responsible for movement and strength.
- Ligaments – connect bones and stabilise joints.
- Tendons – attach muscles to bones.
- Blood vessels – transport blood throughout the body.
- Nerves – transmit signals between the brain and body.
- Cartilage – cushions joints and prevents friction.
- Fat – protects organs and stores energy.
Any type of injury to the soft tissues that is due to another party’s negligence can lead to a personal injury claim for compensation.
Can I make a soft tissue injury claim?
Yes. If another person’s negligence caused your injury, you may be eligible to claim compensation for your pain, suffering and financial losses.
If you are unsure whether you have grounds to make a soft tissue injury claim, a free consultation with a legal adviser is usually enough to confirm your eligibility.
As a general rule, a claim should be possible if:
- The defendant owed you a duty of care.
- They breached their duty by acting negligently towards you.
- Their negligence caused an accident to occur.
- You sustained a soft tissue injury during the accident.
- Your accident and injury occurred no longer than three years ago.
Who could a soft tissue injury compensation claim be made against?
Liability for a soft tissue injury that wasn’t your fault will depend on the circumstances of your accident. Your solicitor will seek to establish a duty of care by referring to relevant legislation and case law, such as:
- The Health and Safety at Work Act 1974 – states the duties and responsibilities employers must comply with to protect the health and safety of employees at work.
- The Road Traffic Act 1988 – places a duty of care on all road users to exercise reasonable care for their safety and that of others by not engaging in speeding and other dangerous behaviours.
- The Highways Act 1980 – according to this Act, local highway authorities have a legal duty in respect of the maintenance of highways, including certain pavements and roads used by the public.
- The Occupiers’ Liability Act 1957 – states that owners and occupiers of premises, such as restaurants, shops or hotels, must take reasonable care to see that visitors are safe while on the premises.
How long do I have to claim compensation for soft tissue damage?
Under the Limitation Act 1980, the time limit to start a soft tissue injury claim is generally three years after your accident or after becoming aware of an injury that developed over time, subject to certain exceptions.
There are several exceptions:
- A parent or another litigation friend could claim on behalf of a child at any time before they turn 18, regardless of when the accident occurred.
- There is no time limit to claim on behalf of a loved one if they lack the mental capacity to conduct legal proceedings.
- If you suffered a soft tissue injury due to a violent crime, you have two years to claim through the Criminal Injuries Compensation Authority (CICA).
- If your injuries were due to a defective product, there is also a long-stop limitation period of ten years from when the product was put into circulation.
Regardless of how long you may feel you have to start your soft tissue injury claim, it is always better to seek legal advice as early as possible. This will make gathering evidence much easier and give your solicitor plenty of time to build a strong case.
How do I make a soft tissue injury claim?
If you want to claim compensation for soft tissue damage, the first thing you should do is seek legal advice. If your solicitor believes you have a valid claim, they will offer support and guidance at every step of the claims process and help you gather supporting evidence, such as:
- Medical records from the GP, hospital or minor injuries unit that treated you.
- A medical assessment stating the extent of your injuries and long-term consequences.
- Photographs of the accident scene before anything is repaired, replaced or removed.
- Pictures of any visible injuries, damage to your items, and your recovery process.
- A copy of an accident report form if you suffered an accident at work or in a public place.
- Footage from CCTV cameras or a dash cam that might have captured your accident.
- Witness statements from others who saw your accident and its impact on your life.
- Financial records of any costs you have incurred due to the accident.
Your solicitor will help you claim a fair soft tissue injury compensation amount based on all the medical and financial evidence.
If the other side denies liability for your soft tissue injury or you cannot agree on a compensation award, you may have to issue court proceedings. However, more than 97% of all claims settle out of court.
How much compensation can I claim for a soft tissue injury?
There is no fixed amount of compensation you could receive if your soft tissue injury claim is successful. Each settlement is worked out on a case-by-case basis by taking into account the circumstances of your accident, the severity of your injuries and how they affected your daily life.
You can recover two types of damages:
- General damages are based on the subjective impact of your injuries and take into account the following:
- Physical pain and suffering.
- Emotional and psychological trauma, such as stress, depression and anxiety.
- Loss of amenities, such as the ability to pursue a hobby or attend social events.
- Reduced life quality and enjoyment of life.
- Special damages are based on the financial impact of your injuries and include the following:
- Lost wages and loss of future earning capacity.
- Medical expenses for consultations, diagnostic tests and treatments.
- Costs of counselling and physical therapy.
- Care costs if you needed help and support during recovery.
Examples of soft tissue injury compensation payouts
Your solicitor will refer to the 18th Edition of the guidelines published by the Judicial College to help assess how much compensation you might be due based on your specific circumstances. For example, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Hand Injuries | A moderate hand injury, including crush injuries, penetrating wounds or soft tissue damage | £7,500 - £18,000 |
| Thumb Injuries | A severe thumb dislocation or soft tissue injury with some minor permanent loss of function | £8,400 - £10,000 |
| Wrist Injuries | A minor wrist fracture or soft tissue damage recovering within a year | £4,700 - £6,300 |
| A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 | |
| Hip And Pelvis Injuries | Minor hip or pelvis soft tissue injuries with complete recovery | Up to £5,200 |
| A hip or pelvis fracture or significant soft tissue injury with minimal or no long-term disability | £5,200 - £17,000 | |
| Chest Injuries | Fractured ribs or soft tissue injuries causing pain and disability for a few weeks | Up to £5,200 |
| Leg Injuries | A fractured tibia or fibula, or a soft tissue injury | Up to £16,000 |
| A leg fracture or soft tissue injury causing some permanent issues, such as impaired mobility or a limp | £24,000 - £37,000 |
After discussing your case, your solicitor will be able to give you a better estimate of your compensation prospects.
Can I claim compensation for soft tissue injuries on a No Win No Fee basis?
Yes. If you have a valid soft tissue injury claim for compensation, a no win no fee solicitor will be happy to represent you under a conditional fee agreement. This usually means that you do not have to pay them anything upfront or if you lose the claim.
Your solicitor will only receive a fee for their services if your claim is successful. This is known as a success fee, capped at 25% of your general damages and past financial losses, and agreed upon from the beginning.
What are the different kinds of soft tissue injuries?
There are many different types of soft tissue damage, but the most common types that lead to a soft tissue injury claim include the following:
What symptoms do soft tissue injuries cause?
The most common symptoms of a soft tissue injury, whether it is caused by acute trauma or overuse, include:
- Pain or tenderness at the site of the injury.
- Swelling and inflammation.
- Bruising or discolouration of the skin.
- Stiffness or reduced range of motion.
- Muscle weakness or instability in the affected area.
- Muscle spasms or cramping.
- Numbness, tingling, or burning sensations, particularly where nerves are involved.
- Loss of strength or function, making everyday activities difficult.
What are the most common causes of soft tissue injuries?
Soft tissue injuries are very common and can happen in many different environments and types of accidents. The most common causes leading to a soft tissue injury claim include the following:
Whiplash is one of the most frequently reported soft tissue injuries following car accidents, caused by the sudden movement of the head during a collision, especially when hit from behind.
Employers have a legal duty to protect employees by carrying out risk assessments, providing training, and maintaining safe working conditions. A failure to do so may give rise to a workplace injury claim.
These are often due to preventable hazards, such as slippery floors, defective pavements, objects left in walkways, and poorly stacked shelves in supermarkets.
Most often, compensation claims for criminal assaults where the assailant cannot be pursued are made through the Criminal Injuries Compensation Authority.
If a dog has bitten you, you may be able to make a claim against its owner, and in some cases against the local authority or the CICA if you were attacked by a stray dog.
Can I claim for soft tissue injuries on behalf of a loved one?
Usually, it is the injured person who will claim soft tissue injury compensation, but that is not always the case. People under 18 or those who lack the mental capacity to take legal action will need a litigation friend to claim on their behalf.
If you want to pursue compensation on behalf of a loved one, you must file an application with the court stating that:
- You can conduct legal proceedings in a fair and competent manner.
- You have no conflict of interest with the injured party.
To find out if you or a loved one has a valid soft tissue injury claim, call 0800 470 0472 or request a call back to receive a free consultation with a legal adviser. They will let you know if you are entitled to make a claim and can answer any questions you may have.
