Small Injury Claims

The intention was announced that the limit of the Court’s Small Claims Track for injury claims worth less than £5000 would be increased thus providing no mechanism for recovering costs in cases worth or likely to be worth £5000 or less.

The detail and implementation date for the changes is not yet available but it seems reasonably clear that the intention of the Government is to deprive claimants with modest injuries from access to professional representation and access to justice because if there is no ability to recover costs the fees of the solicitor fall upon the injured claimant.

Salmon Solicitors offer a specialist service to clients with small injury claims in Stoke on Trent, North Staffordshire, South Cheshire and East Shropshire.

Common Small Injury Claims

One of the most common small injury claims is for whiplash, which can be caused by:
• Road traffic accidents and collisions
• A sudden blow to the head for example in sports such as boxing or rugby
• A slip or fall where the head is jolted backwards suddenly
• Being struck on the head by a heavy or solid object

Whiplash describes a soft tissue injury that occurs following a very sudden acceleration and deceleration force (such as in a road traffic accident). This can happen due to a forward and back motion that snaps the neck or torso back like a whip, or because of a sudden side-to-side movement

The term whiplash was first used in medical circles in 1928, referring to the damage of bone structures, soft tissue or both. Not only is whiplash an extremely painful injury, but it can often get progressively worse over time – causing severe discomfort, restricting a person’s ability to drive, work or complete everyday activities or hobbies.

The most common symptoms of whiplash include:

• Neck pain – difficulty moving up, down or side to side
• Upper and lower back pain
• Pain or discomfort in shoulders or arms
• Pain when walking
• Headaches
• Blurred vision
• Swelling and inflammation
• Dizziness, fatigue and nausea
• Difficulty sleeping
• Psychological symptoms – flashbacks, travel anxiety, avoidance of travel, Post Traumatic Stress Disorder (PTSD) symptoms

Even if you have been previously involved in an accident or diagnosed with pre-accident conditions (fibromyalgia, chronic pain, neck and back pain) you may still have a claim to pursue as the recent accident may have aggravated or accelerated your pre-accident condition.

Understanding Soft Tissue Injury Claims

A soft tissue injury is an injury to the muscle, tendon or ligaments caused by the soft tissues becoming overstrained. This could happen when lifting a heavy object without using proper manual handling techniques or trauma such as sporting or road traffic accidents. Some soft tissue damage is minor and will heal itself whereas other injuries such as a slipped disc or hernia will require surgery as part of the treatment.

Soft tissue injuries are known for being incredibly painful and debilitating. Common areas for soft tissue injuries include:

• Shoulder
• Back
• Knee
• Ankle

If you experience a soft tissue injury caused by negligence from a third party, you could be entitled to make a small injury claim for compensation. This is because consumers, workers and members of the public are protected by certain health and safety regulations.

For example, the Health and Safety at Work Act 1974 states employers are responsible for the health and safety of their employees whilst at work. This means if an employee is injured in an avoidable accident at work, caused because the employer failed to provide a safe and hygienic environment, the employer could be held liable for their injuries.
The Occupiers Act 1984 places the responsibility for the health and safety of people using the business which includes customers, employees and other key stakeholders on the proprietor.

Drivers also have a duty of care towards any passengers and other road users, so if you suffer a soft tissue injury in a public place, business or workplace in an accident caused by negligent action you could be entitled to make a small injury claim for compensation.

Contact our Personal Injury Solicitors for Small Injury Claims in Stoke on Trent

Salmons Solicitors are one of the leading firms for small injury claims in Stoke on Trent. If you’d like professional advice and clarity on whether you are eligible for compensation – speak to our personal injury solicitors.