Soft Tissue Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a soft tissue injury we can help.
The purpose of this guide is to help anyone who has suffered a soft tissue injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
soft tissue injury compensation:
Soft tissue injury statistics
According to British Orthopaedic Foundation UK accident data, soft tissue injuries and conditions have been estimated to account annually for around:
- 300,000 inpatient hospital visits,
- 1m outpatient visits and
- 3m A&E visits.
In may cases, soft tissue injuries are sustained in preventable accidents caused by third party negligence.
If you have suffered a soft tissue injury that was not your fault you may be entitled to make a compensation claim.
Do I have a soft tissue injury claim?
It should be possible to make a soft tissue injury claim if you were injured:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a soft tissue injury claim on their own behalf.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
The amount of money you could claim for your soft tissue injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your soft tissue injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a soft tissue injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Soft tissue injury compensation amounts
The following soft tissue injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Neck injury||Moderate||Soft tissue injury||£10,960 to £19,920|
|Neck injury||Serious||Fractures or dislocations or severe soft tissue damage||£36,240 to £44,630|
|Pelvis and hip injury|
|Pelvis and hip injury||Minor||Soft tissue injury||Up to £3,150|
|Whiplash||Minor||Full recovery within 3 months||£300 to £1,950|
|Whiplash||Moderate||Full recovery within 1 year||£1,950 to £3,470|
|Whiplash||Serious||Full recovery within 2 years||£3,470 to £6,290|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious back injury can be £30,000
For a more minor wrist injury, in isolation, you would typically receive £2,900.
However, if you have a serious back injury and a more minor wrist injury, you would typically receive £30,000 + a reduced percentage of £2,900.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a soft tissue injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a soft tissue injury will depend entirely on your specific circumstances.
Your soft tissue injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a soft tissue injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Soft tissue injury compensation
Calculating how much compensation you can claim for a soft tissue injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your soft tissue injury claim could be worth now:
How long does a soft tissue injury claim take?
The length of time needed to win compensation for a soft tissue injury can vary significantly.
For instance, a simple liability accepted injury claim could be settled in a month or two. If the defendant denies liability, it could take considerably longer. On average an injury claim should take 4 to 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your soft tissue injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
What counts as a soft tissue injury?
Soft tissues injuries affect ligaments, tendons, muscles, nerves, and cartilage.
They include sprains, strains, contusions, tendonopathy, bursitis, lacerations, ruptures, crushing, and compression injuries. They can occur as a result of nearly any type of physical trauma.
Common types of soft tissue claim
Probably the most common example of a soft tissue injury is whiplash, usually sustained in a road traffic accident. All road users owe a duty of care to all other road users.
Work related soft tissue injuries
A further example would be a laceration affecting soft tissue caused by defective machinery in the workplace.
In this case, employers are responsible for providing a safe workplace, including regular checks on work machinery.
Employers are required by health and safety legislation (primarily the Health and Safety at Work etc Act 1974) to safeguard their employees. Employers owe a duty of care to their employees.
In addition, a sporting injury, such as a torn ligament, could be claimed for if another person was responsible for ensuring a player's safety at the time the player was injured, such as a referee or umpire, and the player was injured as the result of the official's negligence.
Similarly, if an individual sprained their ankle after tripping on an unidentified hazard in a public place, such as a supermarket, they could claim against the owner or occupier of the premises.
Liability and negligence
In order to establish liability, it must be proven on the balance of probabilities that the defendant was responsible for your injuries.
For soft tissue injury claims, examples of evidence could include a combination of:
- the medical report
- accident book records
- witness statements
- CCTV footage
Is it worth claiming compensation for a soft tissue injury?
Although the recovery period of soft tissue injuries is relatively short, the law recognises that all unnecessary suffering deserves to be compensated.
Some solicitors may suggest that a potential soft tissue injury award is too small to be worth the trouble of making a claim.
However, even relatively minor injuries can result in reasonable compensation settlements, especially if you have incurred expenses or taken time off work as a result of the accident.
Accepting an early offer
Due to the short-term nature of soft tissue injuries, accepting a compensation offer at the earliest opportunity can be tempting. However, in the early days after an accident it is difficult to accurately assess the full extent of injuries and how they might develop.
By accepting an early, no fuss offer - known as 'third party capture' - the claimant may be settling for less than they may have been entitled to.
For this reason, it is always best to wait and seek advice from an expert personal injury solicitor to ensure the best outcome.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a soft tissue injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my soft tissue injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my soft tissue injury claim?
If your soft tissue injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Soft tissue injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a soft tissue injury claim?
In general, you have a time limit of up to 3 years from the date of the soft tissue injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your soft tissue injury claim becomes 'statute barred'.
Can I claim for a soft tissue injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim soft tissue injury compensation.
In reality, there are a number of factors that can affect whether a soft tissue injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert