Do you need information on making a soft tissue injury claim for personal injury compensation? In the sections below we will explore personal injury claims and who can start a case for compensation. We’ll also look at common types of soft tissue damage that could be suffered in an accident.
We explore the time limits for starting a personal injury claim. Also, we offer an insight into how a compensation calculator might help arrive at a figure.
To close our guide, we outline the many benefits of beginning a claim with a personal injury solicitor from our panel. They can help eligible claimants through the claims process and ensure that the case is accurately valued.
If you have any questions about claiming for damage to your muscles or ligaments, an advisor could help. In addition to answering your questions, they can give you a free consultation. Simply:
- Call 020 8050 2736 to talk about your personal injury case.
- Request a call back by filling out our claim online form.
- Ask our live discussion option a question about the circumstances of your injuries.
Browse Our Guide
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- Can I Make A Soft Tissue Injury Claim?
- What Are Common Types Of Soft Tissue Injuries?
- How Do I Claim For Whiplash Injuries After A Car Accident?
- Can I Claim For Multiple Injuries?
- What Is The Time Limit For Making A Soft Tissue Injury Claim?
- How Much Compensation Can I Claim For Soft Tissue Damage?
- See If You Can Make A Claim On A No Win No Fee Basis
- Learn About Claiming Personal Injury Compensation
Can I Make A Soft Tissue Injury Claim?
A soft tissue injury claim can be started by anyone who meets certain criteria. They must demonstrate that they were subject to a duty of care, it was breached and this directly caused damage to their muscles and ligaments. Duty of care is a legal obligation owed by certain third parties as follows:
Workplace Accidents
Under the Health and Safety at Work etc Act 1974, all employers owe a duty to their employees to prevent an accident in the workplace. They must ensure that reasonable and proportionate steps are taken to protect employees from harm as they perform their jobs. Some examples of a breach are as follows:
- An employer fails to regularly check the safety of tools and equipment on their premises. Because of this breach of duty, a power tool malfunctions and causes a severe hand injury.
- Proper and essential personal protective equipment (PPE) was not supplied to a worker. This caused them to suffer serious lacerations to the hands, arms and face.
Public Place Accidents
The Occupiers’ Liability Act 1957 requires those in charge of areas open to the public to exert a duty of care. They must take reasonable steps to implement measures that will prevent the general public from being harmed whilst lawfully using their premises. Therefore, a breach of duty of care that could trigger an eligible compensation claim might be:
- When the occupier of a park or playground fails to remove dangerous litter (such as broken glass) and a member of the public cuts themselves on it.
- An unavoidable hazard such as a low ceiling is not indicated clearly to the public. An unsuspecting visitor could cut their head badly on it as a result.
Road Traffic Accidents
All road users have a duty to drive and navigate the roads in a way that poses the least risk of harm to themselves and others. To fully comply with their duty of care, they must adhere to the Road Traffic Act 1988 and additional rules and obligations detailed in the Highway Code.
Examples of road traffic accidents that could result in soft tissue damage include:
- A driver fails to check the road ahead at a junction because they were looking at their mobile phone. They collide with a pedestrian causing them multiple injuries including damage to muscles and ligaments, cuts and fractures.
- Driving the wrong way up a one-way street causes a head-on collision in which another road user suffers whiplash.
If your muscle and ligament injuries were caused by a breach of the duty of care owed to you by a third party, speak to our advisors about the steps you can take.
What Are Common Types Of Soft Tissue Injuries?
Next, we look at some typical examples of injuries that are commonly referred to as ‘soft tissue damage’. It’s possible to suffer several of these injuries and the list is not exhaustive.
- Pain, bruising and inflammation.
- Tears and damage to ligaments and tendons.
- Muscle damage.
- Flesh wounds, lacerations and cuts.
This link from the NHS offers soft tissue injury advice to help. If your injury is not listed, call our team to discuss it and find out if you could be entitled to compensation.
How Do I Claim For Whiplash Injuries After A Car Accident?
You could also have a valid claim for whiplash. This is a minor neck injury that could occur in car collisions. New procedures were brought in under the Whiplash Reform Programme, to deal more promptly with injuries valued at £5,000 or less.
To claim in this manner, you must meet certain criteria. This includes being 18 or older at the time of the collision. You must also have been the driver or a passenger of a motor vehicle. The car crash must also have happened in England or Wales.
Additionally, whiplash injuries are typically valued in line with the tariff found in the Whiplash Injury Regulations 2021. Injuries that are not covered by the tariff will be valued in the traditional manner.
It may be the case that your muscle and ligament injuries are valued at a greater amount, in which case the claim for compensation can be made through the usual personal injury claim method. Connect with the team to ensure you direct your whiplash injury claim appropriately.
Can I Claim For Multiple Injuries?
Yes, however it would be essential to show that the same negligent act was still the root cause of these additional injuries. In order to do this, it would be necessary to present medical evidence.
Should you choose to work with one, a solicitor can arrange a medical assessment with an independent healthcare professional at a convenient time and location. Speak to our team on the contact points above to discuss seeking compensation for multiple injuries.
What Is The Time Limit For Making A Soft Tissue Injury Claim?
Time limits apply to making personal injury claims for compensation. The Limitation Act 1980 states that there are normally three years starting from the date of the accident and injury to commence a claim. This can vary, for example:
- Minors cannot start a soft tissue injury claim themselves until they turn 18, so the limitation period is suspended until then.
- The limitation period is removed completely for claimants who do not have the mental capability to claim themselves. If their mental capacity returns, the three-year time limit starts from the date of their recovery.
- Alternatively, the court may appoint someone to act as the injured party’s litigation friend. They can act on behalf of both these categories of claimants.
How Much Compensation Can I Claim For Soft Tissue Damage?
There are two types or ‘heads’ of loss that can be included in a settlement for a successful claim for damage to your ligaments and muscles. Firstly, general damages compensate the claimant for the following:
- Pain and suffering.
- Psychological injury.
- Loss of amenity and damage to quality of life.
- The complexity of treatment needed and the length of recovery.
To apply a working figure to issues such as these, those tasked with calculating general damages often consult documents like the Judicial College Guidelines (JCG). This publication provides award guidelines that relate to various injuries. We’ve compiled an excerpt from the JCG to illustrate injuries you could suffer:
Compensation Guidelines
| Area of Injury | Severity | Award Guidelines | Notes |
|---|---|---|---|
| Multiple types of severe injury and special damages payments. | Severe | Up to £250,000 plus | This would reflect cases of severe multiple types of injury and awards made for lost earnings, medical bills and care costs. |
| Knee | (a) Severe (i) | £85,100 to £117,410 | Serious joint disruption and osteoarthritis development as well as cases of gross ligamentous damage. |
| Chest Injuries | (b) Permanent damage | £80,240 to £122,850 | A traumatic chest injury that causes permanent impaired function, disability and reduction of life expectancy. |
| Hands | (b) Serious | £68,070 to £103,200 | Cases of serious cosmetic damage and significant loss of function to both hands. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Soft tissue injuries, disc lesions and vertebral fractures causing chronic pain conditions. |
| Wrist | (b) Significant | £29,900 to £47,810 | Injuries that create a significant permanent disability whilst some useful movement in the wrist remains. |
| Arm | (c) Less Severe Injury | £23,430 to £47,810 | Despite initially severe injuries, a good level of recovery is predicted. |
| Ankle | (c) Moderate | £16,770 to £32,450 | Ligament tears and fractures that cause problems standing on uneven ground or when walking for prolonged periods. |
| Whiplash Tariff | With psychological harm | £4,345 | A whiplash injury with psychological damage with symptoms lasting between 18-24 months. |
| Whiplash Tariff | Without psychological harm | £4,215 | A whiplash injury without any psychological damage with symptoms lasting between 18-24 months. |
Please be aware that these are guidelines only. Also, the first line entry does not come from the JCG. We’ve also provided two tariffs from the Whiplash Injury Regulations at the bottom of the table.
The second head of loss, called special damages, refers to the financial damage caused by the injury. For example, you may have missed work through injury and suffered a loss in income. Or perhaps you were presented with expensive medical and rehabilitation costs. With the correct documented evidence (like receipts, bills and pay slips) these expenses can be included as part of your overall soft tissue injury claim.
Chat with our advisory team on the contact details above. They can offer free advice about any aspect of the claim process and assess the strength of your case. If valid, they could place you with a knowledgeable personal injury solicitor from our panel to help.
See If You Can Make A Claim On A No Win No Fee Basis
Although you are not legally obliged to use the services of a lawyer, there are many benefits to starting a soft tissue injury claim with one. The solicitors on our panel have been helping claimants get the compensation they are owed for decades. As just part of the services they offer, they can:
- Help you gather supporting evidence for your claim.
- Interview witnesses on your behalf.
- Deal with all the court correspondence and submit your claim fully.
- Perform the soft injuries claims calculator process with more accuracy.
- Explain legal jargon.
- Negotiate for the best settlement on your behalf.
- Present a professional and organised claim.
The solicitors on our panel offer these excellent services through a version of the No Win No Fee contract. Typically, they offer a Conditional Fee Agreement (CFA) because it allows the claimant to access their services without the need for upfront or ongoing solicitors fees.
In addition to this, there are no solicitors fees owed for their completed services under a CFA if the claim fails. Should the outcome be in your favour, a small and legally restricted success fee is deducted from the compensation.
Importantly, the percentage that can be taken is subject to a legislative cap. Thereby ensuring that the majority of the compensation goes to the claimant.
Why not discover if your muscle and ligament damage claim could start in this way? Simply contact the team for a case assessment. If the claim appears strong and you’re happy to proceed, an expert solicitor from our panel could help you today:
- Call 020 8050 2736 for a free claim valuation.
- Request a call back by filling out our claim online form.
- Ask our live discussion option a question about claiming for damage to your muscles and ligaments.
Learn About Claiming Personal Injury Compensation
As well as this guide, these other resources from our website may be helpful:
- Here we look at calculating whiplash claim amounts in this guide.
- Read how to claim for an accident in a shop that left you with injuries.
- Also, further information on road traffic accident claims is here.
External links to help:
- Read about treating soft tissue injuries from the NHS here.
- Advice on when to call 999 if in doubt.
- Lastly, some reading on performing first aid at work.
In conclusion, thank you for your interest in our guide on making a soft tissue injury claim. Dedicated advisors are standing by to help with any questions or queries about the claims process.
