Soft Tissue Damage Compensation Claim

How to Make a Soft Tissue Damage Compensation Claim

The aim of this article is to provide you with important information about how you can make a soft tissue damage compensation claim, and to advise you of a number of actions which should be followed after an injury has been sustained to ensure your right to recover soft tissue damage injury compensation is not lost.

There are many factors that can determine whether a compensation claim for soft tissue damage will be successful and since no two cases are exactly alike, to receive legal advice about claiming for having injured soft tissue in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining legal advice as soon as possible after an accident can increase the probability of you being able to successfully claim compensation for soft tissue damage. A solicitor will listen to the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific advice on the procedures which should be followed in order to make a claim for soft tissue injuries.

If You Injured Soft Tissue in an Accident You Must Seek Professional Medical Attention

Eligibility to make a soft tissue damage compensation claim will be affected if you do not seek medical attention for your injury. Your health must be your number one priority if you have injured soft tissue in an accident; not only will seeking prompt medical examination ensure that the damage sustained in the accident is kept to the minimum possible level, but your claim for soft tissue injuries must be substantiated by your medical records.

Even if you were administered first aid at the scene of the accident after sustaining a soft tissue injury, it is still important for you to have a thorough medical examination conducted as a claim for compensation for soft tissue damage cannot be justified if your injury did not warrant you seeking medical attention.

If you did not receive medical attention promptly after your accident you will not have lost the right to make a compensation claim for soft tissue damage. However, if your injuries have deteriorated as a direct result of a delay in seeking medical treatment, the sum of soft tissue damage injury compensation you will be able to recover is likely to be reduced.

There Has to be Negligence in Order to Claim Compensation for Soft Tissue Damage

In order for compensation for soft tissue damage to be claimed, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been infringed for you to be eligible to make a soft tissue damage compensation claim.

If a third party was responsible for you having injured soft tissue in an accident it should be possible to claim soft tissue damage injury compensation, provided that your injury could have been prevented if the third party in question had taken a sufficient care to keep you safe and out of harm’s way.

It must also be possible to prove that your soft tissue injury was directly caused by third party negligence in order for a compensation claim for soft tissue damage to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for soft tissue injuries there is a strong probability that you will be able to recover injury compensation.

Contributory Negligence and Soft Tissue Damage Injury Compensation

Not all accidents are caused by the negligence of a single third party, and often a soft tissue damage compensation claim needs to be made against multiple individuals whose combined negligence caused an accident to occur and an injury to be sustained.

When an accident involves the negligence of more than one third party, a separate claim for soft tissue injuries must be made against the insurance policy of each third party that caused for the accident for the percentage that each is responsible.

Calculating the degree to which liability can be assigned to multiple individuals can be difficult, and for this reason contributory negligence is likely to make a compensation claim for soft tissue damage complicated. It is therefore strongly advisable to seek legal advice from a personal injury solicitor if you injured soft tissue in an accident and liability is not straightforward to establish.

The principle of contributory negligence can also be applied to an accident victim, and the amount of soft tissue damage injury compensation that can be claimed will be affected by the role you played in the accident or if your actions increased the severity of the injuries that you sustained. If the negligent third party’s insurance company determines that you were negligent, the amount of compensation for soft tissue damage you are awarded is likely to be reduced.

How to Make a Compensation Claim for Soft Tissue Damage for a Child

If your child has injured soft tissue in an accident, a claim for compensation should be possible although your child is not permitted to make a legal claim personally until the age of consent has been reached. In the majority of cases, delaying a soft tissue damage compensation claim will affect the likelihood of success and it is usually recommended that a claim is filed more promptly.

In order for a compensation claim for soft tissue damage to be made before the age of consent has been reached, an adult must make a request to the courts to become a ‘litigation friend’ on behalf of the child. Before a litigation friend can be accepted by the courts, financial responsibility for making a claim for soft tissue injuries must be accepted by the litigation friend and it must also be established that the soft tissue injury claim is being made in the best interests of the child.

If the case is successful, soft tissue damage injury compensation will be awarded to the child; although it would be retained by the courts until adulthood has been reached. An application can be made to a judge to release a proportion of compensation for soft tissue damage to a parent or legal guardian pay for ongoing expenses such as the cost of medical treatment.

Summary of Actions to Take in Order to Claim For Soft Tissue Injuries

The best course of action to take after you have sought professional medical attention for having injured soft tissue in an accident is to contact a personal injury solicitor for legal advice. Eligibility to recover compensation for soft tissue damage will be assessed and you will be told about the procedures that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for soft tissue damage as well as the amount of soft tissue damage injury compensation you should be entitled to recover, and an independent solicitor is in the best position to provide pertinent legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a soft tissue damage compensation claim to receive recompense for your soft tissue injury and to recover any expenses you have incurred.

Making a claim for soft tissue injuries cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident for which you were not to blame.


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