Injuries that affect the ligaments, tendons, muscles, nerves, synovial membranes, and cartilage are called soft tissue injuries. Soft tissues surround and protect the bones, organs, and other structures in the body.
If your soft tissue injury was caused by a no-fault accident, you may be eligible to make a soft tissue injury claim for compensation.
What Causes Soft Tissue Injuries?
These types of injuries are caused when the soft tissues are overused or over-strained. This could happen due to different reasons in the workplace, on the sports field, while driving or even while walking in a public place.
In the workplace, soft tissues may become over-strained while lifting, pushing or pulling heavy objects without using proper manual handling techniques. Faulty machinery at manufacturing plants and performing repetitive movements for extended periods of time are other common causes of soft tissue injuries.
Sports related soft tissue injuries are extremely common, more so if you participate in high impact or fast paced sports. However, many players get injured not because of the nature of the sport itself, but because of a negligent action or oversight on the part of a coach or another participant.
Whiplash injuries, which are a type of soft tissue injury, are a common aftermath of road traffic accidents. Whiplash is caused due to sudden forwards, backwards, or sideways movement of the head in a road traffic accident.
While walking in public places, soft tissue injuries can result from tripping over an obstacle, twisting your ankle on an uneven paving slab, slipping on wet flooring, and similar accidents.
In all the above instances, you may have grounds for pursuing a soft tissue injury claim if the accident was caused due to somebody else’s mistake or negligence.
What You Should Do If You Have A Soft Tissue Injury Claim?
One of the biggest challenges in recognising a soft tissue injury is the lack of any external evidence. What complicates the identification even more is a delayed onset of symptoms. For example, a whiplash injury resulting from a car accident may go undetected during the first few hours because there isn’t any pain, cuts, bleeding or broken bones. The pain and stiffness often become pronounced only a few days after the accident.
Whether you sprain your back at work, twist your ankle on the pavement or pull a hamstring on the sports field, you may not realise the severity of the injury until much later.
To safeguard your rights in a soft tissue injury claim, if you feel any pain in an accident and suspect you may have a soft tissue injury, you must follow relevant standard procedures. This may include but is not limited to:
- Creating a record of the accident in the workplace log book, or the nearest police station or informing the manager of the premises where the accident occurred;
- Getting photographs of the scene of the accident with special focus on the immediate cause of the accident;
- Gathering contact details of anybody who witnessed the accident;
- Keeping all medical records, doctor’s diagnosis, diagnostic test results, and treatment details.
All of the above will serve as evidence to support your soft tissue injury claim for compensation. Getting a medical report is particularly important. Without a medical report you may find it very difficult to win compensation for a soft tissue injury.
Making A Soft Tissue Injury Claim
To make a successful soft tissue injury claim, you will need to prove fault. You will need to show that the accident that resulted in your soft tissue injuries was due to somebody else’s fault. Depending on how or where the accident happened, this can be a huge hurdle. If you fail to convince the court that the accident was not your fault, you would lose your claim and won’t be awarded any compensation at all.
Your best chance of winning a soft tissue injury claim is by getting a personal injury solicitor to represent you. Experienced personal injury solicitors should be well-versed in soft tissue injury claims. They will have the expertise required to build a winning case based on the evidence you provide. That’s not all. The majority of personal injury solicitors will also help fund your soft tissue injury compensation claim on a No Win No claims basis.
Soft Tissue Injury Compensation Amounts
The exact amount that you can expect to receive as compensation for a soft tissue injury will depend on factors such as the severity of your injury, actual expenses associated with your injuries such as the cost of medical treatment, and actual financial losses such as loss of income and other perks.
Our compensation calculator below enables you to get an idea of the average compensation payouts advised for various injuries. However, these are advised amounts for general damages and do not take into account special damages (difference of which are explained here), which will need to be calculated by a personal injury solicitor to get a more accurate estimation of what compensation you might actually be entitled to claim for.
No Win No Fee Soft Tissue Injury Claims
A No Win No Fee claim for a soft tissue injury is a special type of contract that a personal injury solicitor will provide if you have a strong case. What’s special about this agreement is that the solicitor takes a calculated risk that they will ultimately get you the compensation you deserve.
Here’s how No Win No Fee agreements typically work:
When you get in touch with a personal injury solicitor, they will set up an obligation-free consultation with you. During this consultation the solicitor will listen to your account of the soft tissue injury and what you believe was the cause, go through any evidence you’ might have gathered thus far and weigh up the merits of the case.
If the legal team decides you have a strong case, the solicitor will almost certainly agree to make your soft tissue compensation claim on the basis of a No Win No Fee agreement. What this agreement essentially states is that you do not have to pay any upfront fees or bear any legal costs during the entire proceedings. The personal injury solicitor will fund your entire claim from start to finish.
What happens if you should win, or if you should lose?
Prior to signing the agreement you should be informed of what you will have to pay in the case of a successful outcome. This would be a set percentage of the amount awarded and is taken directly from the compensation once it is received. If your soft tissue injury claim is not won and therefore you are not awarded any compensation, you don’t have to pay anything.
Not sure whether or not you are eligible to make a soft tissue injury claim? Take advantage of the first free consultation and contact us today to determine whether or not you have a strong case that is worth pursuing.