By Joanne Jeffries. Last Updated 14th July 2021. Throughout this soft tissue injury claims guide, we are going to take a look at soft tissue injury compensation claims and provide free legal advice.
Nobody prepares for the injuries that are associated with an accident, especially those caused by the negligence of a third party. Not only could an accident inflict physical injury, but it may also have a serious impact on your psychological well-being and financial earnings. If you have been involved in an accident that has resulted in a soft tissue injury or whiplash, then you might be wondering whether you have the right to pursue a claim for compensation? Within this online guide, it aims to break down the claims process and provide factual and enlightening information.
In the event you have experienced a soft tissue injury (STI) due to the negligence of another, then you might be wondering if you have the right to claim? Within this online guide, it aims to break down and discuss soft tissue injury compensation claims. In doing so, this online guide will explore the different causes, the healing process, and how our panel of no win no fee solicitors could be of assistance. If at any point within this online guide you become confused or have questions, please do not hesitate to contact a member of our team. Our friendly advisors are more than happy to take your call and answer any questions that you might have regarding soft tissue injury claims.
Select A Section
- A Guide About Claims For Soft Tissue Injuries
- What Is A Soft Tissue Injury?
- Signs And Symptoms Of A Soft Tissue Injury
- Treating Soft Tissue Injuries
- Types Of Soft Tissue Injury
- Sprains, Strains, Contusions And Trauma
- Claim For A Whiplash Soft Tissue Injury
- Claim For A Soft Tissue Injury To The Back
- Causes Of A Soft Tissue Injury
- Judging The Severity Of A Soft Tissue Injury
- How Long Does It Take For A Soft Tissue Injury To Heal?
- Soft Tissue Injury Compensation Claims Calculator – Updated July 2021
- Special Damages Which Your Soft Tissue Injury Claim Could Include
- No Win No Fee Claims For Soft Tissue Injuries
- How Our Team Could Help Those With Soft Tissue Injuries
- Start Your Soft Tissue Injury Claim Today
- Essential Resources
This soft tissue injury claims guide is for those who have experienced a soft tissue injury caused by a negligent third party and wish to pursue a claim for compensation. There are many different scenarios in which a soft tissue injury could be caused. A lot of people who partake in high contact sports such as football and rugby experience soft tissue damage. This is primarily due to the intensity and impact that their body experiences within the sport. However, there are some cases in which an accident or incident caused by a third party could cause a soft tissue injury. Incidents such as this could result in implications for a person’s physical health and psychological well-being. If that is the case, then the affected individual could have grounds to pursue a soft tissue injury compensation claims against the negligent party.
Within this soft tissue injury claims guide, we aim to break down and discuss the personal injury claims process in greater length and provide information that could be of use. Here at Accident Claims UK, we could connect those with an eligible claim with a solicitor that is best suited to handle your style of case. However, it is worth remembering that all soft tissue injury compensation claims could be affected by a personal injury claims time limit. The time limit starts from the moment of the negligent event, which means those who wish to pursue a claim have 3 years to do so. Alternatively, the time limit comes into action once injuries caused by an accident, such as PTSD or soft tissue damage has been officially diagnosed.
A soft tissue injury is something people experience when a muscle, tendon, or ligament is damaged. An injury of this nature could be caused by a variety of factors, such as the sudden, unexpected, and unnatural movement of the body.
Some people experience injuries of this nature when playing high impact sports, or if they have been involved in an accident that has resulted in the sudden jolt of the body. For example, if you are involved in a road traffic accident with another vehicle, the sheer impact may cause whiplash due to the sudden movement.
A soft tissue injury might result in:
- A sprained ankle
- Back strain
- Pulled Muscle (such as the hamstring)
- An Elbow injury (which could be caused by sports)
If you’re making soft tissue injury compensation claims, the amount of compensation you could receive for your soft tissue injury would be based on how severe the injury was, your prognosis, loss of amenity and any costs and losses you experienced because of the injury you received.
If a third party’s negligent actions result in a soft tissue injury, then you could have grounds to pursue a claim for compensation.
Before we look at soft tissue injury claims, let’s understand how these types of injuries may manifest so you know what to look out for.
A sprained area or an acute injury could be caused by a variety of different factors, inflicting trauma to the body in different areas. As a result, there are different signs and symptoms of a soft tissue injury. Some of the most common signs of a soft tissue injury might include;
- Unable to put pressure onto the affected area
If you have experienced a soft tissue injury, then there are different ways to treat the injury.
If you have been injured, it is always wise to seek the advice and expertise of a medical professional, regardless of whether you’re thinking of making soft tissue injury claims. They can evaluate your injury and recommend treatment to ensure you don’t experience any needless further damage.
If you’re yet to seek medical treatment, the NHS has identified some basic steps you could perform to aid your injury immediately, which include:
- Rest to allow your body to heal.
- Use an ice compress for 20 minutes at a time, several times a day (do not put the compress directly onto the skin, rather covering it with a towel or the like).
- Keep the area elevated to reduce swelling.
Soft tissue injury claims can be made for a variety of injuries, which could include the following.
Strains – A strain is where the muscle or tendon that attaches the muscle to bone is overused and affected. This type of injury is extremely common in those who play sports, but may also be caused when the body experiences a sudden jolt of unnatural movement. An injury of this nature could result in significant muscle weakness and could cause muscular spasms, pain, cramping, and discomfort.
Sprains – Sprains are very similar to strains in the sense that they affect a similar area, however, there are some key differences. A sprain is where an area is overstretched or a tear in the ligament has occurred on the soft tissue that connects two bones. An injury of this nature could lead to the loss of joint stability, pain whilst moving, and jolts of pain when pressure is added.
Contusions – this may also be referred to as bruising, which is caused when an area is suddenly injured by force. Contusions may also result in swelling and bleeding and could result in discolouration.
Soft tissue injury claims could be made for sprains, strains, contusions and other such trauma.
Tendons and ligaments are bands of fibre that are attached to our muscles and bones. When a traumatic experience damages a tendon or ligament, there are different ways to identify the severity of the injury. The effects of an injury to a ligament or tendon are assessed through different Grades.
- Mild tenderness
- Minimal pain when stretching
- Minimal swelling of the affected area
- Partial tearing of the fibres within the affected area
- Moderate pain
- Tenderness and swelling
- Unable to apply pressure of the affected area without pain
- Unable to use the affected area due to injury
- Significant swelling and pain
- A complete rupture of the structure, resulting in the instability of the joint/area
Many people who have been involved in a road traffic accident might experience a whiplash injury, resulting in soft tissue injury claims.
According to the Whiplash Reforms Report , there were 650,000 road traffic accident claims made in 2020 of which 550,000 were in relation to whiplash related injuries. The impact of two vehicles colliding has enough force to jolt the body, causing an unnatural and forceful movement.
If a third party’s negligent actions are the direct cause of a road traffic accident that has resulted in a whiplash soft tissue injury, then you could have grounds to pursue soft tissue injury claims. In order to make a claim for a whiplash injury, you will be required to provide evidence that you’ve been injured due to another’s negligence. You may also be asked to partake in a medical examination. For more information about whiplash claims and how our panel of solicitors could be of service, please click here.
It is fairly common for people to experience a sprain or strain in the back when the body is unnaturally moved. Much like any other injury, a back injury can vary in severity and there is an assortment of symptoms. Some of the most common symptoms of a soft tissue back injury might include;
- Pain within the lower back
- Restrictive motion
- Inability to maintain a normal posture
- Pain that persists within a majority of the day
- Muscular spasms
There are many causes that could result in soft tissue injury claims being made.
In many cases, a soft tissue injury is caused by the sudden and unexpected movement of the body, causing tension on the ligaments, muscles and tendons. In some scenarios, a soft tissue injury may result in tendonitis. This is where a tendon within the body becomes inflamed, resulting in a limitation in movement, swelling, and discomfort. Common injuries that could result in tendonitis might include;
- Elbow Injuries
- Neck Injury
- Leg Injury
- Back Injuries
- Acute Injury
If you have experienced tendonitis, there are ways in which you could heal the injury. To heal tendonitis, it is often suggested to rest, keep the area elevated, use a cold compress, stretch and exercise the affected area.
As previously stated, there are different severities of injury people can experience after an accident, affecting the value of their soft tissue injury claims. In some cases, people who experience minor injuries can heal themselves over time. However, there are some scenarios where an accident inflicts serious damage.
In severe cases of soft tissue injury, you may experience bursitis. This is where the bursa becomes inflamed, resulting in a fluid-filled sac surrounding the affected area. The sac cushions the area between the bone and muscles or tendons and is caused by an overuse injury. However, Bursitis may also be caused by direct and sudden trauma to the joint or bone. In most cases, Bursitis primarily affects the shoulder, elbow, knee, ankle and foot.
If you have been injured, then you might be wondering ‘how long does it take for a soft tissue injury to heal?’
In most cases, the healing time for any injury will depend on the severity of the injury and the damage that has been inflicted. For a Grade 1 soft tissue injury, it will take an estimated one to two weeks to recover. This timeframe drastically differs when compared to a Grade 3 soft tissue injury, as an injury of this severity may require immediate treatment to correct the damage that has been inflicted. In the event of an injury, it is always wise to visit a GP and seek medical attention.
To provide a rough estimate of the compensation that could be awarded for soft tissue injury claims, we have provided a table. Within the table, it displays the different amounts that been awarded for previous soft tissue injury compensation claims. However, it is worth remembering that all claims for compensation are inherently different, as there are a variety of factors that are taken into consideration. For example, the grade of soft tissue injury and the accidents cause could modify the compensation that is awarded. The compensation awarded to those who have experienced a Grade 1 injury will differ when compared to a Grade 3 will differ, as it will reflect the damage that has been inflicted.
|Back Injuries||Minor||£7,410 to £11,730||Minor back injuries are often in relation to sprains, strains or soft tissue injuries’. In some cases, those suffering with minor back are expected to make a full recovery a within a 2 to 5 year time frame.|
|Back Injuries||Severe||£85,470 to £151,070||Severe cases of back injuries could seriously affect the spinal cord and nerve roots. This may result in a combination of serious implications, such as a paralysis, significantly impaired balder, and a lack of sexual function.|
|Neck Injuries||Minor||£4,080 to £7,410||A minor neck injury will be able to make a full recovery within a timeframe of 2 years.|
|Neck Injuries||Moderate||£23,460 to £36,120||Moderate neck injures might result in fractures or dislocations. Those who experience moderate neck injuries may also experience chronic conditions, limited motion, and trauma.|
|Neck Injuries||Severe i)||In the region of £139,210||An injury of this nature might leave the affected individual with life altering impactions to their health and well-being. In some cases, this might result in permanent spastic quadripareesis|
|Neck Injuries||Severe ii)||£61,710 to £122,860||Serious fractures to discs|
|Post-Traumatic Stress Disorder||Less Severe||£3,710 to £7,680||Less severe case of PTSD will virtually make a full recovery. People who experience less severe PTSD typically experience minor symptoms that will disappear over time.|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||In severe cases of PTSD, it could deeply affect a person’s ability to function normally after an accident. This might be due to a life-altering injury. Many people who have been involved in a serious accident may experience severe PTSD and could experience sleep deprivation and anxiety|
|Mental Anguish||n/a||£4,380||Fear of impending death.|
In addition to the table that has been provided above, a personal injury claims calculator could be used. A soft tissue injury compensation claims calculator could help provide a rough estimate of the compensation that could be awarded.
When making soft tissue injury claims, there are a variety of factors that can be taken into consideration. Not only does the injury and suffering get taken into consideration, but the loss of personal finances may also be included within a personal injury claim. Located down below is a list that outlines the different factors that might be considered when a claim.
When claiming compensation, it will consider general damages. In simple terms, general damage claims explore the suffering and injuries you have experienced. For example, if you have experienced a soft-tissue injury and have an eligible claim, the injuries severity and the cause of the accident will be evaluated and taken into consideration. This process plays a significant role when awarding a compensation amount.
If you have been involved in an incident that has inflicted damage to a ligament, nerves, or muscle damage, then you will most likely receive free treatment from the NHS. You will also be treated if an injury (such as an elbow injury, shoulder injury, or leg injury) requires further treatment. However, medical expenses could be factored into a claim for compensation. To claim for medical expenses, it would take prescription costs, medicine, future expenses, and alternative treatment costs (such as acupuncture) into consideration.
If you have been involved in an incident that has resulted in a life-changing injury, then it is extremely likely that you’ve experienced PTSD and trauma. If that is the case and you have experienced trauma after an accident, then this could be taken into consideration when making a claim. The court will evaluate the degree in which the incident has impacted your psychological well-being, and the compensation (if awarded) will reflect the negligence you have experienced.
Loss of Earnings
If a sprain, strain, or connective tissue injury has hindered your ability to earn a living and caused you financial loss, then the loss of potential future earnings can also be taken into consideration when making a claim. This will take into consideration the injuries severity and the healing process.
If you have been injured due to a third party and have experienced a soft tissue injury, then you could have grounds to pursue soft tissue injury claims. If that is the case and you have an eligible claim, a solicitor from our panel could offer to handle your claim under a no win no fee agreement. This may also be referred to as a conditional fee agreement (CFA) and in simple times, this arrangement outlines the payment aspect of the soft tissue injury compensation claims process between the solicitor and the claimant.
A no win no fee agreement will only be offered to those with an eligible claim for compensation. If a solicitor takes on a claim that has a successful outcome, then you as the claimant will be required to pay a success fee for the services that have been provided. By law, this is capped at 25% and will be subsidized from the final settlement. However, if a solicitor takes on a claim but fails to attain a settlement, then the no win no fee agreement reduces the threat to the claimant’s finances.
For more information on no win no fee agreements, please do not hesitate to contact a member of our team today.
In the event you have been affected by the negligence of a third party that has resulted in a soft tissue injury or whiplash, then you might be reaching for a solicitor who could handle your soft tissue injury claims. Here at Accident Claims UK, we pride ourselves on having a great panel of solicitors who are well versed in personal injury law.
If you have an eligible claim and choose to work with us, we could connect you with a personal injury solicitor who is best suited to handle your type of claim. Our panel of solicitors could assist those searching for compensation throughout the legal procedure, providing advice and support throughout the challenging process.
Soft tissue injury compensation claims FAQ
What is the average payout for soft tissue injury?
When pursuing a soft tissue compensation claim, naturally, you may question how much compensation you could be awarded. It is important to acknowledge that the amount of compensation you could be awarded is often dependant on multiple variables, including the extent of your suffering. It is for that reason why estimated figures are hard to provide.
How much could I be entitled to?
If you speak to a member of our team, they could provide you with an estimated figure after listening to your unique circumstances.
How do you prove soft tissue damage?
To prove a soft-tissue injury, you would be required to attend a medical assessment. The professional conducting the assessment will examine your condition by performing an x-ray. The information documented from the evaluation will be placed in a report which can be used to value and support your claim.
If at any point within this soft tissue injury claims guide you have become confused about the topics that were being discussed, then please do not hesitate to contact a member from our team.
Our expert and friendly advisors are available to take your call 24 hours a day, 7 days a week. Our advisors can provide you with free legal advice of no obligation, so if you have any questions, please do not hesitate to call our free of charge phone line.
If you wish to speak with an advisor, the number to call is 0800 073 8801. Alternately, you could submit an online form, and a member of our team will review your submission and be in touch to discuss your potential claim.
We sincerely hope that this online guide about soft tissue injury claims has provided concise explanations about the different types of soft tissue injury compensation claims our solicitors, regulated by the Solicitors Regulation Authority, could handle. In addition to the information provided within the guide, we have supplied some additional materials that we believe could be of use. You can find the links and relevant information located down below.
- NHS Strains and Sprains
- NHS Sports Injuries Treatment
- Clinical Negligence Claims – click here to learn how we could assist you.
- Misdiagnosis claims – click here to read our guide.
What is the soft tissue injury (whiplash) claims reform and how could it affect my claim?
When it comes to claiming for a low value injury, such as whiplash, that you might have received in a road traffic accident, the Whiplash Reform Programme may affect your claim. At the end of May 2021, the reform programme came into force, meaning that those suffering what could be considered a low value injury in a car accident or other road traffic accident would need to make their claims through a portal operated by the government. It also invokes a ban on claimants putting through a claim where there is no medical evidence relating to their injury. A personal injury lawyer could still assist with these types of claims. However, there is no way to recoup any legal costs from the at-fault party. In addition to this, rather than using the Judicial College Guidelines to work out how much could be appropriate for an injury, the government tariff would be used. The tariff works on the sliding scale depending on how long you’d suffered with your injuries. If you’d like to know more about whether these reforms would affect your claim, please don’t hesitate to get in touch.
What medical evidence do I need for soft tissue injury compensation claims?
If you are intending to make a claim, you would need medical evidence. This would need to come from an independent medical expert and not your usual GP or local hospital. It could be arranged for you to see a medical expert near to your local area, as such experts can be found across the UK.