If you have suffered a sprain or strain in an accident that wasn't your fault, it may be possible to make a compensation claim. You may be entitled to compensation for strains, sprains and other soft tissue injuries, but this ultimately depends on the circumstances in which you were injured and the effects on your life.

To have a valid claim, you must show that another party was at fault for your injury. In some scenarios, people have a duty of care to you, which means a legal responsibility to mitigate risk factors and prevent sprains and strains wherever possible. If they have failed to do so, this might entitle you to claim compensation. Examples where one party may have breached their duty of care include:

• Workplace accidents, if your employer failed to provide a safe working environment, adequate training or suitable equipment.
• Road traffic accidents, if another driver was negligent, causing the incident.
• Public place accidents, if a local authority or business failed to maintain safe premises or mitigate risks like uneven pavements or wet floors.
• Sports injuries, if an activity was not properly supervised, reckless behaviour by another party was not addressed, or faulty equipment was provided.

Once you have proved that a duty of care was breached, you must demonstrate that the sprain or strain directly resulted from the negligent act. If the injury existed before the incident, or if there is no clear link, it may not be possible to claim unless you can show that the strain caused further damage to the affected joint or otherwise worsened your condition. This is because the final aspect of a compensation claim is proving that there was direct harm as a result of the other party's negligence.

Your solicitor will help you to gather evidence and build a claim that proves your entitlement to compensation, relying on medical evidence, statements from expert witnesses, and any information that can be gathered about the accident itself to prove your claim.

Understanding what qualifies for compensation can be helpful, but the only way to be certain if you have a valid claim is to speak to a solicitor. The expert team at Switalskis is here to assess your situation, whether you’re facing serious long-term consequences from an injury or dealing with minor strains that still require medical treatment and impact your daily life or ability to work. Get in touch for professional advice tailored to your circumstances

To support a compensation claim for a sprain or strain, you will need to provide a bank of evidence. If you can start collecting some of this information before you contact a solicitor, this will strengthen your claim and make the process more straightforward. However, it will be your solicitor's responsibility to help you gather evidence and build a strong case once you've instructed them, so you should not feel as though you need to do everything yourself. The types of evidence we will usually aim to collect include:

• Medical evidence: Your medical records are among the most important pieces of evidence in your claim. We will look for the following information about your sprain or strain:

Diagnosis - confirmation of the sprain or strain.

Severity - details on the grade of the injury (whether it's a severe sprain or a more moderate injury).

Treatment plan - any prescribed medication, physiotherapy, or other treatment.

Recovery - the estimated time for full recovery and any long-term effects.

Impact on daily life - notes about restrictions on movement, work, or everyday activities caused by the affected muscle.

• Accident evidence: To establish how the accident happened, we may need:

Photographs of the accident scene, hazards, or any visible injuries.

CCTV or dashcam footage, if this is available, to provide clear proof of how the accident occurred.

Witness statements from people who saw the accident and can support your version of events. Try to take down contact details from any eyewitnesses in the aftermath of your accident.

Accident reports, if the incident happened at work or in a public place. After your accident, ask for it to be recorded in an accident book. Alternatively, if your injury occurred in a road accident, we may be able to obtain a police report for the same purpose.

Statements from family or colleagues, which can provide insight into how the injury has impacted your work and daily life.

• Financial losses: Compensation will not only account for the pain and suffering of an injured joint, but also for any financial losses related to the accident. To do so, you will need to provide records of:

Medical expenses, such as receipts for prescriptions, physiotherapy or specialist treatment.

Loss of earnings during your recovery. Payslips or employer letters confirming time off work can be used.

Travel receipts or other proof of transport expenses for medical appointments.

Care costs, if you required additional support at home due to your injury. This includes care delivered by professionals and any provided by friends or family members.

Your solicitor will help you to build the evidence you need, and most compensation claims are settled out of court on the basis of a strong case. At Switalskis, we have a wealth of experience in proving negligence was the cause of everything from mild sprains to acute soft tissue injuries, and securing the compensation our clients are owed.

When sprains and strains happen, an unfortunate consequence is that you may be unable to work during your recovery. In these cases, you can usually claim compensation to cover lost earnings, provided you can provide financial evidence of this loss. Compensation for lost earnings is intended to cover income lost due to time off work, reduced working hours, or an inability to perform your previous role due to a sprain or strain injury.

If your injury has prevented you from working, you can claim for the wages you lost due to time off work (including statutory sick pay if it does not match your usual income). You may also be able to factor in bonuses, commission or overtime lost if you regularly worked extra hours before the injury, or if it affected your ability to earn performance-based income.

Additionally, if your injury has a long-term impact on your ability to work, you may also claim for reduced earning capacity. This applies if you cannot return to your previous role or have to work fewer hours. While most sprains and strains will not have a permanent effect on your ability to work, they can cause severe pain and be connected to other, more serious injuries. Similarly, claims may account for the loss of career progression, if your injury prevents you from gaining promotions or career opportunities. This is most often relevant for those who work in sports, the arts or other physical and performance-based careers.

In many cases, you can still make a compensation claim for a sprain or strain injury even if you were partially at fault. This falls under the principle of contributory negligence, where responsibility for the accident is shared between you and the other party.

If it is determined that you were partially responsible for the accident, your degree of responsibility will be expressed as a percentage. While you can still claim compensation, your compensation may be reduced by this percentage if your claim is successful. For example, if you are found to have been 25% responsible for the accident that caused a sprained ankle, you would receive 75% of the compensation you would otherwise be owed.