By Max Morris. Last Updated 16th June 2022. If you suffer a vertebrae injury, the pain itself makes for a challenging road ahead. But if it happens because of an accident through no fault of your own, the mental anguish could increase. And in such a scenario, you could potentially be entitled to compensation not only for your suffering but also for losses and expenses too. This guide discusses information you may need about claiming compensation for fractured vertebrae injuries. And it includes an example case study for an £80,000 lumbar vertebrae fracture compensation payout.
Before you click the section headings below, why not get in touch with our expert team. We can connect you to our panel of personal injury solicitors that could handle your case. We’re accessible 24/7, and we can answer any questions you may have. Just call us on 0800 408 7825, or alternatively complete the online form. You may also wish to use the Live Chat function so that you can speak to an advisor instantly.
Choose A Section
- A Guide To Calculate Vertebrae Injury Compensation Payouts
- What Are Fractured Vertebrae?
- Can Victims Experience Financial Loss?
- What Causes A Spine Injury?
- Your Expert Settlement Calculations
- Are Spine Injuries Eligible For Care Claims?
- Case Study: £80,000 Lumbar Vertebrae Injury Compensation Payouts
- What is the Average Payout for a Spinal Injury in 2022?
- Your Free Expert Estimate
- No Win No Fee Claims
- Could You Use Top Personal Injury Lawyers?
- Talk Today
- More Help
This guide is covering the following subjects:
- What a spine injury involves;
- General and special damages for your spine injury compensation payout;
- Making a care claim;
- Compensation calculators;
- The benefits of No Win No Fee agreements.
Before we move on, let’s touch on the personal injury claims time limit. This is important because it sets a 3-year window for you to make a claim. That being said, it’s active from the date you were injured or the date of knowledge. There are exceptions especially for child cases and those who lack the mental capacity. Please call our helpful team if you want further guidance about the personal injury claims time limit.
A vertebral fracture is when you suffer a break to any bones within your spinal column. There are numerous bones which make up the vertebrae running from the top of your spine to the bottom. The spine is made up of bones, muscles, tendons and ligaments that all protect the spinal cord and nerve roots. A fracture in the vertebrae could ultimately damage the spinal cord and cause many major issues. The spinal cord and nerve roots are central to the body functioning along with the brain.
There are varying recovery times depending on how severe the fracture is. Some minor bone breaks could heal up within weeks. Others, particularly those requiring surgery, might require months, if not much longer to heal. And for the most severe breaks of all, the consequences could be life-changing, whereby limited mobility becomes a permanent basis. If you have suffered a fracture to any of the bones in your back through the failure of those with a legal duty towards your health and safety to keep you from harm you may have the grounds for a compensation claim. Discover more by calling our friendly team using the number at the top of this website.
If you suffer a back fracture, the key financial impact could be a loss of earnings. Even a minor back injury could cause you to have to take sick leave from work. If you fracture any bone in your vertebrae you may be looking at many months away from work which could have a massive impact on your financial situation. Therefore, a back fracture could potentially result in months without income if sick pay isn’t offered.
Then, we come to the medical bills that would be needed to cover the rehabilitation process. This may include physiotherapy programs. And for severe injuries, house and car modifications could be required that would hit hard in the pocket. If you are eligible to claim for your injury you could also include losses and expenses as part of your claim so that you are put back into the financial position you were in before the injury happened. Use our 24/7 Live Chat if you want to know more.
When making a claim asking the following questions may provide the answer to whether you have a valid case:
- Were you owed a duty of care in some form by a third party?
- Did a breach occur, that could have been prevented?
- Was the outcome of this that you suffered an injury, such as a spine fracture.
Three key areas would represent the various potential scenarios resulting in a back injury compensation payout. They would be the following:
- Employer’s liability (EL), liability placed on an employer for his/her employees under the Health and Safety at Work etc. Act 1974. Accidents at work happen all the time but if you are injured due to the failure of your employer to adhere to health and safety legislation you could seek compensation for your suffering.
- Public liability (PL), places a duty of care on landowners and businesses under the Occupiers’ Liability Act 1957. Pubs, restaurants, libraries, the beach or a park are all covered under this Act. A typical accident in a public park could be that you trip over an uneven surface while jogging and injure your back upon landing.
- Road traffic accidents (RTAs), where all road users have a duty of care towards each other from the Highway Code. However, you could find yourself caught up in a serious car accident that causes you to fracture your vertebrae due to a negligent driver. If you suffer multiple injuries in a collision, you could consider filing a multiple injury claim.
Ask our advisors anything that you want to know about scenarios which could result in a compensation claim for negligence.
Your compensation payout settlement would be divided into general damages and special damages. Allow us to explain: general damages refer to the core consequences of your injury. So, we’re talking about pain, suffering and loss of amenity; the impact that this has had on your life. When it comes to special damages, though, we’re considering what financial fallout has the injury caused. Examples would include loss of income due to months away from work, medical expenditure, public travel costs and any physiotherapy. These could also include special care you receive in the weeks and months after your vertebrae fracture, which we’ll come back to shortly.
To have your injuries diagnosed completely and a prognosis concluded you would undergo an independent assessment with a medical specialist. A doctor would diagnose your injury, noting how it happened and how you’re now feeling. This would also include a potential recovery time, though the severity of the injury could mean some permanent lasting effects. And it could prove that the original incident really did cause you to end up in your current physical condition. But for the accident, you would be fine. We can break this down with you further if you use our online form to get in touch.
A care claim is effectively part of the special damages which covers any care that you require due to your injury. Note that this wouldn’t include anything you were previously receiving for the same body part prior to the incident. But it could be covering anything that results from you being hurt. This would include gracious care from friends and family, paid services for house chores, and hiring a nurse or carer. Each of these, regardless of regularity or price, could come under a care claim as part of special damages for your compensation payout. Speak to our friendly team if you want to find out more information about a care claim.
Mr Craven, 60, works on a construction site. His firm has been tasked to build 40 new houses on some land they recently acquired. One early Monday morning Mr Craven was climbing up the scaffolding when suddenly it gave way and he fell 20 feet. Mr Craven landed on his back.
An ambulance was called, and Mr Craven was taken to hospital. There, he was evaluated and diagnosed with lumbar vertebrae fracture which required immediate surgery. Fortunately, the spinal cord had not been affected by the breaks in the vertebrae. The surgery went as well as could be expected but Mr Craven would be left with mobility issues along with pain and the risk of osteoarthritis.
What’s more, he was told to be very careful with his movements even after recovering. Further damage to the back from a similar fall could potentially result in spinal fusion surgery, which could have a long recovery period.
Mr Craven felt upset and angry by what had happened. After investigations, it had been found that the scaffolding had been missing quite a few bolts and was unsuitable for use. Mr Craven needed many months away from work, after returning although he was out on light duties he found he was no longer capable of doing the job. Mr Craven decided retirement was the best option for him
Mr Craven received £80,000 as an out-of-court spine injury compensation payout. This included £36,000 in general damages and £44,000 in special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Costs of being unable to work||£39,000|
|Medical Costs||Physiotherapy and Rehabilitation||£3,000|
|Nursing Costs||Costs of hiring a professional nurse while he recovered||£1,000|
|Other Costs||Additional costs stemming from his injury||£1000|
The case of Mr Craven is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
You may be wondering what the average payout is for a spinal injury. As every claim is different, it’s impossible to provide an actual average amount you could receive from a successful claim. However, we could give you an idea of the spinal injury compensation you may receive.
The Judicial College Guidelines includes figures based on analysis of previous payouts to build compensation brackets such as those below. Each bracket relates to a particular type of injury and the severity of the injury itself. These figures are taken from the latest guidelines available, published in 2022.
From this information, you could get an idea of the compensation amount for fractured vertebrae. However, it’s important to note that these figures are not guaranteed as there are many factors that can influence the compensation amount.
|Injury Type||Severity||Compensation Bracket||Features of Injury|
|Back||Severe (i)||£91,090 to £160,980||The most severe back injuries, as spinal cord damage and nerve root damage is caused. It can lead to symptoms like incomplete paralysis and impaired sexual function.|
|Back||Severe (ii)||£74,160 to £88,430||There are special features in these back injuries that put them outside lower brackets. Symptoms can include impaired mobility and unsightly scarring.|
|Back||Severe (iii)||£38,780 to £69,730||Disc fractures or lesions causing chronic conditions where, even with treatment, disabilities remain.|
|Back||Moderate (i)||£27,760 to £38,780||Crush/compression fracture of the lumbar vertebrae leading to a substantial osteoarthritis risk.|
|Back||Moderate (ii)||£12,510 to £27,760||Ligament disturbance and muscle injuries can cause backache.|
|Back||Minor (i)||£7,890 to £12,510||Full recovery or one to a nuisance level takes place within two to five years. Surgery would not be required with any of the minor back injuries.|
|Back||Minor (ii)||£4,350 to £7,890||Full recovery occurs within a year or two.|
|Back||Minor (iii)||£2,450 to £4,350||It takes three months to a year for a full recovery to occur.|
|Back||Minor (iv)||Up to £2,450||It takes three months to fully recover.|
|General Psychiatric Damage||Moderately Severe||£19,070 to £54,830||Significant problems will be associated to the injured person’s ability to cope with everyday life.|
If you would like to know more about what you could receive, or would like a compensation estimate, please contact us for free using the above details.
For any estimates, we provide we do not use a compensation calculator as they do not take into account any losses or expenses you have incurred nor do they account for individual circumstances. As a result, such compensation estimates wouldn’t reflect the true reality of what you’re going through. So, we combine the evidence you provide with the standard figures for such injuries. And we come up with an estimate that is much closer to what you would receive for your specific injury. Learn more by getting in touch with our team.
No Win No Fee agreements are in place to protect the interests of the client. So, let’s say that you file a claim for a compensation payout with a No Win No Fee solicitor. There wouldn’t be any legal costs to your personal injury solicitor up-front or while the case is in progress. And if you don’t win your case, then you pay nothing to your personal injury solicitor. Only if your case wins would a success fee, capped by law, be taken from your compensation award. Otherwise, your solicitor doesn’t get paid. Learn more about the benefits of No Win No Fee agreements by calling us today.
Qualities you should look for in your personal injury solicitors, a quick turnaround still providing high-quality service, along with industry-standard credentials and years of top-level expertise. In addition, they would ideally have a track record of winning cases that match your particular injury. And any positive client reviews available would also be a bonus.
We can connect you to our panel of personal injury solicitors that have the knowledge and experiences needed to ensure your case reaches its potential. Give us a call to ask any further questions you have.
Now, all that remains is for you to speak with our advisors. There’s no obligation to proceed even after you first communicate with us. What’s more, we can be reached 24 hours a day and 7 days a week, so you can begin to speak with us whenever you want. Please call 0800 408 7825, complete the online form, or use our Live Chat feature in the bottom corner.
Having read through our guide, we hope you now have more knowledge about compensation payout claims. To receive further information, though, you can use the six links that we have provided below.
Our website explains everything that Public Interest Lawyers offer to claimants.
We also explain how to make a public liability claim.
And we discuss public liability claims against a local council.
The NHS provides details about back pains.
And they offer guidance about treatment for back pain.
You can also learn more by reading the Occupiers’ Liability Act 1957.
Article by AR