A soft tissue injury is damage to the muscles, tendons or ligaments in the body. Many of these injuries occur following a sprain or an injury resulting in contusion or overuse of a particular part of the body.
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Soft Tissue injuries can be quite common and can occur in both adults and children. Soft tissue injuries are generally categorised into three grades based on the severity of the injury.
This is a minor injury that will usually heal in one to two weeks such as an ankle sprain. This injury usually involves up to about 10% of the muscle or ligament. Signs of injury associated with this include mild tenderness and swelling of the injured area. This soft tissue damage usually occurs following a mild strain and in some cases can cause very small tearing of the fibres.
This is caused by a moderate sprain or strain which can cause partial tears of the fibres. This injury can also be associated with swelling and pain in the injured area. An injury of this severity can take three to four weeks to heal properly.
Severe sprain and strain injuries fall into this category and often lead to a complete rupture of muscle structure. This can cause severe pain and discomfort for the injured individual and can also lead to reduced mobility and range of motion of the injured area. Recovery times for these injuries are much longer and urgent medical attention is required. Recovery times also depend on the age and general health of the injured person.
Soft tissue injuries can be associated with many different types of injuries and can lead to great pain and discomfort for the injured persons. These claims will be made through the Injuries Board as a personal injury claim.
An important step in this process is to determine who is liable for the cause of the injuries which you have sustained. This will depend on the circumstances in which your injuries were sustained. If another party has acted negligently which led to the cause of an accident then they could be found liable for this.
In most cases, it will be an injury that will lead to damage of the soft tissues in the body. These injuries can put pressure on the body leading to some form of connective tissue injury. The severity of this will depend on the type of injury which was sustained. Common injuries which can cause damage to soft tissue can include:
A sprain is tearing of the ligaments in the body. Ligaments are the bands of fibrous tissue which connect two bones together in your joints. Strains are a stretching of the muscles or tendon which is the cord of tissue that connect muscles and bones. Strains generally occur in the lower back and backs of the thighs. As both of these injuries can put pressure on the ligaments and tendons, this can lead to various acute soft tissue injuries. Common symptoms of the affected area can include pain, swelling, reduced movement and bruising. A common type of strain injury is cubital tunnel syndrome.
Contusion, also known as bruising, is an injury to the soft tissue in the body. This is generally caused by some form of a blunt force to a certain area of the body. This can lead to pain and swelling for the injured individual. Recovery times for this injury will vary depending on the severity and the effects which the injury has had on the body and soft tissues. Common contusions are kidney contusions and heart contusions.
This is the name given to the injury when the bursa becomes inflamed. The bursa is filled with fluid and acts as a cushion between the bones, muscles and tendons. Inflammation of the bursa can lead to pain and discomfort and can lead to a soft tissue injury if left untreated due to increased pressure placed on the muscles and tendons.
Tendinitis is the name given to inflammation of the tendons. There are a number of different variations of this injury and it can occur in any part of the body. In many cases, symptoms can be hard to determine as there are many different types of this injury. Inflammation of the tendons is a common cause of soft tissue injury which can affect a person’s everyday activities. Damage to the tendons can lead to any kind of tissue injury and can also range in severity.
A workplace that is not properly maintained or does not have the adequate safety measures in place may present risk of accident to the employees. Soft tissue injuries usually occur in the workplace because of a slip, trip or fall as a result of:
In such cases, liability may rest on the employer if it is proven that they did not provide a hazard free working environment.
Tendon injuries are a common workplace accident and are generally suffered by people who carry out repetitive movements in the course of their work. These repetitive movements tend to cause damage to the tendons by way of deterioration.
People who are at high risk of sustaining an overuse injury in work are factory workers on an assembly line, office workers, supermarket workers and construction and manual labour workers.
In public places, whether it be shops, supermarkets, business premises, public parks, playgrounds or simply walking along a footpath, there is an expectation that the area would be relatively risk and danger free. In cases where the owner/occupier of a public place or business premises failed to uphold their duty of care and not provide a risk-free environment and you can prove that your skin injury could have been avoided if the occupier had taken the necessary steps to provide a hazard free environment, then you may be entitled to pursue legal action.
The most common accidents involving a soft tissue injury in public places have been:
On the road, there are many scenarios where a person could experience a soft tissue injury as a result of another person’s actions/inactions. In these cases where you can prove that your injury could have been avoided if the other party had not acted negligently, you may be entitled to pursue legal action. Some examples of road traffic accidents:
The value of your soft tissue injury claim will heavily depend on the specifics of your case. To value your claim, you must take into account the following:
The Judicial Council’s personal injury guidelines categorise soft tissue injuries into some the following categories:
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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