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Denise Doherty
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How Much Compensation Can I Claim For A Soft Tissue Injury?

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February 21, 2019

What is soft tissue injury?

Soft tissue injuries is a generic term used to describe injuries which affect ligaments, muscles, tendons, and nerves. The most common soft tissue injuries consist of strains, sprains, contusions, bursitis, tendinopathies and stress injuries.

They can occur as a result of any type of physical trauma, including:

  • Accidents at work
  • Slips & trips
  • Road traffic accidents

The most familiar example being whiplash, usually sustained in a road traffic accident. These types of injury can be minor and severe causing long term symptoms and financial losses.

What are the symptoms of soft tissue injuries?

 

When soft tissue is damaged, there is usually immediate pain along with immediate or delayed swelling. Stiffness is also very common as a result of the trauma and swelling. Bruising may also develop after 24-48 hours.

What evidence do I need to prove soft tissue injuries?

Soft tissue injuries can be difficult to prove as they typically do not show up with diagnostic tools the same way other injuries do, such as broken bones on an x-ray.

This is why it is important that if you suffer a soft tissue injury, you seek medical treatment immediately. Not only will the doctor help aid recovery, but the medical records will serve as stronger proof of your injury.

For soft tissue injury claims, examples of evidence could include a mixture of:

  • The medical report
  • Accident book records
  • Witness statements
  • CCTV footage
  • Photographs

Do I have a claim for a soft tissue injury?

You may be entitled to claim for compensation if:

  • You were injured within the last 3 years. However, there are exceptions where shorter time limitations apply such as 2 years for CICA claims (Criminal Injuries Compensation Authority)
  • The injury was caused because of someone else’s fault

How much can I claim for my soft tissue injury?

Personal injury compensation is made up of two elements:

  • General Damages – are awarded for “pain, suffering and loss of amenity”. For the actual injuries themselves.
  • Special Damages – are awarded for the financial losses that result from those injuries. These can include a claim for loss of earnings, travel expenses and medical expenses.

How is the amount of personal injury compensation calculated

The amount of compensation you might be entitled to vary depending on the severity of your soft-tissue injury. A personal injury solicitor will review the medical evidence to consider things such as the degree of pain experienced, the consistency of symptoms, the impact of the symptoms on you and the extent of any treatment required. Once a final medical prognosis is established, the prospective range of compensation that a judge would award can be assessed.

The Judicial College Guidelines (JC Guidelines) is a very useful resource for a solicitor to determine what an appropriate level of compensation would be for your injuries. The guidelines cover injuries affecting all body areas. It describes the injury and indicates the amount of general damages an injury with that description should receive.

A solicitor will also review case law which can be reasonably compared to your case in order to be more precise with the valuation of your claim.

Some familiar areas where soft tissue injuries usually occur are the back, neck, and shoulders. Referring to the JC Guidelines, an example of how much compensation you may claim for each soft tissue injury are as follows:

  • Back – Where a full recovery takes place without surgery between three months and two years. You may claim up to £6,920
  • Neck – Where a full recovery takes place within a period of about one to two years. You may claim up to £6,920
  • Shoulders – Where a full recovery takes place within a year. You may claim up to £3,810

The procedure used to evaluate compensation by experienced solicitors can be invaluable for you and will ultimately result in a client being properly compensated for their injuries. An online calculator can be inaccurate and misleading and cannot replace bespoke advice from a specialist personal injury solicitor who has experience dealing with soft issue injury claims and can help maximise the compensation.

PI Calculator

Our specialist personal injury solicitors offer a free initial consultation. If you would like to speak to a member of the team, call us on 0808 271 9413 or request a call back online.

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We know that serious and complex injuries can lead to injuries that can change lives. Our specialist team can help and guide you through the process of making a claim and take away some worries from what is already a difficult time in your life.

Slips & Trips Claims

At Hodge Jones & Allen, our experienced and knowledgeable personal injury lawyers are here to help. Whether the slip or trip was an accident at work, in a shop or on the pavement, we have the expertise to help you get the compensation you’re entitled to.

Spinal Injury Claims

We understand the impact a spinal injury will have on almost every aspect of day-to day-life, from additional care, support, aids, equipment and accommodation. We will assist and support an injured person in adapting to the changes and challenges faced.

Sports Injury Claims

If you’ve suffered a sports-related injury within the last three years due to an incident that could have been prevented, you may be eligible to claim for financial compensation. Our expert personal injury lawyers can help you.

Whiplash Claims
Can I Claim For An Accident After 3 Years?

There are exceptions when the three-year limit does not apply in specific circumstances. Our personal injury experts will be able to guide you.

How Much Is My Claim Worth?

At Hodge Jones & Allen, we know that receiving damages after making a compensation claim won’t change what happened, but it can help you to move forward. It can relieve some financial pressures that you may be facing after your accident and give you the monetary reward you’re entitled to.

Personal Injury Compensation Calculator

Try our interactive personal injury compensation calculator to see how compensation much you may be able to claim for your injury.

Boundary Disputes

We understand that the boundary of your property is important, and it should be protected. If someone is intruding on your land, you should act quickly. Our expert team will help provide the legal advice and protection that you need.

Japanese Knotweed Disputes

If your property has been affected by Japanese knotweed our specialist property dispute solicitors can assist you if you need to make a legal claim against your neighbour.

Jointly Owned Property

Disputes can be distressing, especially if you’re close to the other party. Our dedicated legal team will support you to work towards all parties receiving the best possible outcome.

Leasehold Disputes

Leasehold legal disputes can often be stressful to deal with. Our leasehold dispute team will help bring about resolution as quickly as possible.

Nuisance & Negligence

Disputes with your neighbours are often distressing. You’ll want to resolve your issues as smoothly as possible and our team will help defuse the situation, and deal with the nuisance on your behalf.

Planning Appeals

We know that when your planning permission has been rejected this can feel extremely frustrating. Our specialist property lawyers will advise you on your rights and on how best to challenge decisions.

Residential Property Possession Proceedings

It can be very confusing, as a landlord, knowing when and how you can take back the possession of your property, which you’ve been renting out. Our team are experienced in guiding you through this process, and ensuring you’re protected in the future.

Restrictive Covenants on Your Land

When you’ve purchased land, and there are restrictions on the use of it, our property law experts will help negotiate a release or make amendments to the agreement. We understand this can seem complicated, that’s why we’ll be there to advise you every step of the way.

Claims and Injuries

Whatever you're dealing with, our team is on hand 24/7 to find a solution that works for you and your personal needs.

Asbestos & Mesothelioma Compensation

We understand about exposure to asbestos and potential life-long hazards it can present. We can help with your legal claim and make a difference to your life.

Dispute Mediation Services

Our team of trained mediators and collaborative lawyers are available to help you. Mediation is a way of sorting out differences and disputes that have arisen from a commercial relationship or personal situation.

Financial Crime & Regulatory

We fight for fairness for those who may be dealing with allegations of a financial crime, covering everything from fraud to tax investigations.

General Crime

If you have been arrested, it’s important you get the legal help and representation you need at the police station and during the different legal stages that may follow.

Housing Help

You're never alone when handling housing disputes. Our team of experts are on hand to guide you through a range of housing-related claims and issues, from antisocial behaviour to homelessness.

Housing Disrepair

Everyone deserves to live in a safe home. If your landlord has failed to tackle issues such as damp, mould, leaks or structural issues, our team of housing experts are here to help.

Medical Negligence

If you have been a victim of medical negligence, we can help you get answers, gain any further care, treatment and rehabilitation needed and help you fight for the compensation you deserve.

Military Hearing Loss Claims and Compensation

If you've served in the military (or are currently serving) and are facing hearing loss challenges, our team of experienced military injury solicitors are dedicated to assisting you in obtaining compensation for Noise-Induced Hearing Loss.

Personal Injury

If you need help claiming for an injury, accident or illness we're here to get you back on track and provide guidance during this stressful time.

Residential Property Disputes

Get in touch with our team of property lawyers who'll fight your corner on everything from boundary disputes to leasehold issues, ensuring an agreement is made that works for you.

HJA Financial Management Services

A new complementary financial service offered by Hodge Jones & Allen.