Have you injured your back during a car accident that wasn’t your fault? Are you wondering how much compensation you could be owed for your back injury? This article uses an example case study to examine how personal injury lawyers would assess back injury claims in a car crash and calculate the payout you deserve.
The article shall focus on the duty of care all road users have for each other. This article demonstrates who has a duty of care. It also explains how you could be eligible for a compensation claim if this duty is in breach.
We look at how a personal injury lawyer would help you collect all relevant information to support your claim and give you the best chance of winning compensation. Finally concluding this article by showing you how to find the right solicitors to handle your case.
Throughout this article, we provide links to government statistics and other websites to help you in your decision to launch a personal injury claim. If there’s anything you are unsure about whilst reading or a topic you’d like more information on, please don’t hesitate to contact us on 0800 408 7825 or email us at Public Interest Lawyers where our friendly team is available 24/7 to take your call.
Select a Section
- A Guide To Calculate Compensation For Back Injury Claims In A Car Crash
- Explanation Of Muscle Injuries
- Financial Struggles From Back Muscle Injuries
- What Is A Car Accident?
- Chat About Your Care Claims
- Get An Expert Compensation Settlement Value
- Case Study: £13,250 Compensation For A Car Accident Muscle Injury (Back)
- Back Muscle Injury Compensation Calculation Estimates
- No Win No Fee Personal Injury Lawyers For Back Injury Claims In A Car Crash
- Find Perfect Personal Injury Solicitors To Help With Back Injury Claims In A Car Crash
- Chat With Our Team
- Additional Guides
The most careful driver in the world can be injured if they become the victim of someone else’s negligence. In this article, we look at how the Highway Code places a duty fo care on all road users. We discuss how others can breach this responsibility and how it can directly cause you an injury that you could be awarded compensation for.
We explain how personal injury lawyers might value your claim and seek two Heads of Loss on your behalf to maximise the potential payout. Whilst compensation amounts are never guaranteed for back injury claims in a car crash, our team may be able to provide accurate estimates. Personal injury solicitors are not compulsory but if you decide to use one you may be giving yourself the best possible chance of being awarded compensation.
If you are injured during a car accident, it’s possible to damage any part of your body, and depending on the severity of impact, you may suffer multiple injuries. Back injuries are very common in RTA’s.
The muscles in your back contribute to bodily movement. Any torn ligaments or muscle strains can cause serious back injury. This NHS link gives more information on the diagnosis and treatment of back muscle injuries.
There are laws in place outlining duty of care and how it should be upheld in various environments.
The Health And Safety At Work etc Act 1974 applies a duty of care. To fulfil this employers may provide adequate training, information, and onsite maintenance to avoid hazards to employees. The Occupiers’ Liability Act 1957 seeks to achieve similar from private operators or local authorities to ensure anywhere accessible to the public is as free of potential danger as possible.
The Highway Code is a set of rules and requirements for all road users to show a duty of care to each other. No matter the driver’s age or experience, a requisite level of care and ability is expected. Anyone who was injured on the roads due to another driver’s carelessness can refer to the Highway Code to support their claim.
The guide even goes so far as to urge motorists to consider the possibility that some drivers are wilfully bad or inexperienced. If you suffered muscular damage because of the reckless driving of another, speak to our team to see if you are eligible to launch a back injury claim.
If you have injured your back then you may find it difficult to carry out normal daily activities. As a result, several things may impact your daily life, such as:
- You are in too much pain to work.
- You may not be able to earn the same level of income as usual.
- This may result in you needing to borrow money or use savings.
- The worry of financial problems could hinder your recovery.
The unpleasant addition of financial problems due to your back injury is an unwanted and troubling consequence of the car crash, all the more frustrating given that it could have been avoided.
A No Win No Fee claim for compensation can help you here. If you have been involved in a non-fault car accident and it has caused you suffering you may be able to claim back any money lost or spent as a consequence of your injuries.
Latest Government statistics are produced each year on road traffic accidents. When driving, cycling or crossing the road it is vital that we are always careful and mindful of road users who may not be. Numerous things can cause road accidents;
- Reckless driving.
- Bad weather conditions.
- Driving whilst intoxicated.
- Driving while using a mobile phone.
- Poor conditions of roads.
Impact in a car accident can be lethal, and injuries are easy to sustain. After an accident, it is important to gather evidence. Takes images of the scene including licence plate numbers. Take contact details of everyone involved including witnesses. Seek medical attention. Any collision that was avoidable, or happened because of a diminished duty of care on the part of another can be the basis of a negligence case.
The MIB (Motorist Insurance Bureau) can compensate the victims of uninsured or untraced drivers. Speak to our team to find out more.
If you are incapacitated by your injuries and it prevents you from functioning normally day to day, you may need care help. Perhaps you can rely on your family or friends’ assistance with tasks such as washing, cooking, cleaning, and personal care. This will be calculated at an hourly rate.
However, for people who cannot rely on this type of support, the other option is costly. You may have to pay for carers, cleaners, cooks and gardeners to help you around the home. This cost can soon erode savings or worse, create debt.
To conclude, personal injury lawyers can advise on how to record these costs and include them as part of your special damages. Special damages can leverage the amount you are awarded. This may make a big difference to how you cope during your recovery.
You may be asked to attend a medical assessment. This is where you are examined by a medical specialist and asked about how your injuries have affected you. Firstly, this is to create a report on your suffering. Secondly, this establishes a connection to the accident and your suffering. And finally, your prognosis will be detailed. There are several benefits to this, such as:
- It’s an opportunity to have your injuries validated as being caused by the accident.
- It rules out the possibility that your injuries were pre-existing.
- You can discuss prognosis and any future health concerns.
- It’s solid proof in court.
This evidence will be used to help calculate your damages. They will be based on two Heads of Loss.
General And Special Damages For Back Injury Claim In A Car Crash
General damages are compensation which is payable in regards to the pain and suffering you were caused. Both physical and psychological.
The Judicial College Guidelines recommend awards of between £7,410 – £11,730 for minor back injuries that will recover without surgery within 2 to 5 years.
Every case is different, and your personal injury lawyer will act on your behalf to get the maximum compensation for back injury claims in a car crash. Speak to our advisors now to see how we could help you.
Special damages seek to collect together all the tangible, out-of-pocket expenses that you incurred as a result of your injury. Many different expenses could be included under these damages such as:
- Any loss of earnings due to missed work.
- Missed work opportunities in the future.
- Carer costs or family help.
- Travel costs to and from the hospital.
- Missed bonuses or attendance allowances.
- Cancelled holidays or lost deposits.
- Damage to personal property during the accident.
You may have incurred other costs that you are unsure about. Speak to our team for advice and see how much your back injury claims in a car crash could be valued at.
Mr Naylor was approaching a red light. He was slowing down as there were cars in front that had come to a stop. All of a sudden a car crashed into the back of his car.
The reckless driver had rear-ended him. Although not travelling at high speed, she later admitted that she had been looking at her mobile phone and not giving the roads her complete attention. Mr Naylor suffered serious muscular damage to his back.
After having some time to recover and think clearly about what happened that day, Mr Naylor felt understandably aggrieved. He was in pain, he couldn’t work, and the bills for physiotherapy were a necessary but unwelcome burden. Mr Naylor felt that the accident could have been so easily avoided if it were not for other parties’ stupidity and carelessness and decided to sue.
He hired a No Win No Fee solicitor and set about making a negligence case. After collecting all the proof of his expenses and the medical assessment results, the case was settled in Mr Naylor’s faour. Mr Naylor was awarded £13,250 in general and special damages compensation.
Compensation Awarded For Back Injury Claims In A Car Crash
Although our case study is purely an example not based on real-life events, it shows when general and special damages are combined it’s possible to improve your final settlement amount significantly in back injury claims in a car crash.
Mr Naylor’s settlement ultimately looked like this:
|Mr Naylor was awarded £9,000 in recognition
of the pain and suffering he was put
through in this accident. He made a full
recovery and did not require surgery.
This award is regarded as being at the
mild end of the suggested amounts
from the JCG
|£1,500 in lost wages/earnings
|£750 in care costs
|£300 in lost deposit for being
unable to attend a planned trip
|£1,200 in physiotherapy costs
|£500 in travel costs to hospital
Compensation amounts are never guaranteed, but rather than using an online ‘compensation calculator’ which so many personal injury websites offer and often provide inaccurate payout figures, speaking to an actual solicitor enables them to listen to every detail of your case to determine full liability and the real impact of your injuries.
A No Win No Fee personal injury solicitor from our panel might be able to help you do the same in your back injury claim. Speak to our team today to see how we could help.
No Win No Fee is an expression you may be familiar with, but how precisely can one help you? There are many advantages to using a No Win No Fee personal injury solicitor to launch your negligence case for back injury claims in a car crash.
The first advantage is that there are no costs to pay your solicitor upfront. This enables people who lack immediate funds to access legal help if they wish to use it
There are no fees to pay the solicitor while the case is ongoing either, however long the case might take, and if your case fails, there’s nothing to pay the solicitors at all. If your case wins, you only have to pay a capped percentage to your solicitors which are kept low by law. This ensures that the bulk of the compensation payout goes directly to you.
You also receive expert legal advice and support throughout your case.
Once you’ve decided to launch a negligence case, where do you find good personal injury lawyers? Internet searches can be baffling, and the solicitors’ firm at the end of your high street may not be the best fit for your particular case. There are some other essential points to bear in mind as you search, such as
- How quickly does this company settle claims?
- Do they value back muscle injury claim amounts properly?
- Have they got experience with cases like mine?
Our team of advisors can help by taking your call, assessing your eligibility, and then introducing you to our panel of personal injury solicitors who can settle cases like this remotely. Thanks to the internet, it no longer matters where you live.
If you’re ready to proceed with your back injury claim, or you just want more information on how we could help, getting in touch couldn’t be easier. You can:
- Call us direct at 0800 408 7825
- Email at Public Interest Lawyers
- Speak tour team at the ‘live support’ option, bottom right
We hope this guide has helped in your decision to start a negligence claim for accidents in the workplace, accidents in public places, or a road traffic accident. We look forward to helping you today.
If you’d like more information on accidents in public parks, please read here
For further reading on some possible accident hot spots to be aware of, please read here
More information on accident claims against the council, please read here
More information about coping with back pain, please read here
Information about road safety, please read here
Finally, further statistics on accidents in the workplace, please read here
Article by EA
Publishers; LA, NU