All our highly trained Solicitors and Barristers ride motorcycles. We provide professional legal advice, finely tuned with biking expertise - We Ride, We Know

Who is to blame?

In collisions car drivers are generally at fault with the main cause of the accident being simply that the motorcyclist was not seen

Less specialist solicitors will often advise to accept greater responsibility than they should or even that there is no case at all

Scenarios?

We are expert in arguments over responsibility, including difficult areas of speed, filtering and road surface defects

we regularly take over serious claims only to find the previous solicitors have seriously undervalued items of loss

Why use us

We will act on a no win, no fee basis, even if your case has been rejected by other solicitors

all White Dalton lawyers are motorcyclists, so they know the risks faced by motorcyclists on the road

Soft Tissue Injury

Introduction

‘Soft’ tissue is normally used to refer to muscle and skin and the term ‘soft tissue injury’ [‘STI’] is normally used to cover injuries like bruising and torn muscles.

Fractures inevitably result in some form of STI.  However, fractures will generally heal over a period of up to 6 months.  STI's can take a lot longer, if not be permanent, and can be difficult to obtain treatment for. 

What to look for

The two most obvious indications of an STI are bruising, resulting in discolouration of the skin, or inflammation, characterised by pain, swelling, redness and heat. However, an STI can also be indicated by a ‘pulled’ muscle, tendonitis, grazed skin, a puncture wound and many other symptoms. Whiplash (ie stiffness of neck and/or back) may also indicate an STI.

Evidence of the injury can be gained by attending your GP or a hospital and having medical notes written about your injuries. This may not be necessary if it is a very minor claim, ie just bruising, but you should take photos where possible.  The courts generally accept that bouncing down the road will cause some injury!

How much?

The amount of damages will depend on the type and severity of the injury. When damages are determined for the various injuries suffered they will almost always include an element of damages for the STI already. They will, in effect, be ‘part and parcel’ of the damages and will not, generally, be a separate head of claim. The only real exception to this is where the trauma results in major STI.

The most common form of STI is whiplash. This is often undervalued, as it is treated more seriously than most injuries as it affects the spinal column. A whiplash lasting one month or more is normally worth in excess of £1,000.

Some figures

By way of indication, but by no means definitive as every injury is different in at least some respect, some STI awards (updated to take into account inflation) which have been given in the past are shown below.

1 Severe whiplash resulting in continuing long-term pain £14,300
2 Neck & lumbar spine STI with continuing pain from moderate back injury £8,025
3 Cuts to left arm, STI to neck & back £3,575
4 Severe wrench to shoulder involving STI £2,480
5 Bruising to back, arms & legs with grazes on both thighs and left elbow, for 6 months, resulting in scarring £2,140
6 Multiple scratches, bites and bruises £1,870
8 Bruising of right calf, considerable bruising & swelling £1,100

Conclusion

Your actual award will be depend on several factors, not just the injury itself. Whilst the above provides a guide it should not be relied on in isolation.

Do you think you are being advised to settle your claim for too low a sum? Contact us for a free no-obligation discussion on freephone 0800 783 6191.

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