Can I claim compensation for soft tissue injury against the shop where I fell and sustained the injury, or is the injury not serious enough?
Provided that the shop can be proven to have been negligent and responsible for your injury, it should be possible to claim compensation for soft tissue injury. Any sort of injury can be claimed for; you do not have to have suffered a highly serious injury to be eligible to recover compensation. However, whether your claim for soft tissue damage is worth pursuing is another question, and a number of elements can determine whether it would be worth your while to initiate legal action.
Although your injury may not be as severe as a broken bone, you should still have had it examined by a medical practitioner immediately after the accident occurred. Your claim will greatly benefit from the completion of this procedure as your medical records would have been updated, providing evidence of your injury. Any substantial delay between the date the injury was sustained and when you received professional medical attention could negatively affect the outcome of your soft tissue injury accident compensation.
Despite the fact that your physical injury may not be considered highly serious, you may receive compensation for any quantifiable emotional trauma that you have experienced. Perhaps the nature of your accident was particularly violent, for example, and you have developed a degree of post-traumatic stress disorder, or you have experienced episodes or depression or anxiety as a result of your loss of amenity; your psychological injury could be incorporated into your claim for soft tissue damage.
The element of “loss of amenity” – which refers to the negative impact your injury has had on your quality of life – has the potential of accounting for a substantial portion of your compensation for soft tissue injury claim. Compensation for your loss of amenity may be appropriate if you are unable to perform day to day tasks without pain or whether you can no longer participate in social or leisure activities that you previously enjoyed.
It is also possible to be reimbursed for any financial expenses you have incurred that can be attributed to your accident and subsequent injury. Medical costs can be included in these “special damages”, as can any loss of income if you have had to take time off work or alternative transport fares if your injury has prevented you from driving.
Without knowing the full details of your accident and injury it is impossible to indicate the viability of your soft tissue injury accident compensation claim. The best way of establishing how much compensation you may be eligible for is by speaking with a personal injury claims solicitor.
Once your eligibility has been confirmed, liability has been determined and a thorough investigation of your claim has been conducted, your solicitor can advise you on the amount of compensation for soft tissue injury you may receive, any potential reductions for contributory negligence, the probable costs of taking legal action and the likelihood of success.