By Lewis Houston. Last Updated 13th October 2023. In this guide, we will look at how a back injury lawyer could help you make a claim for compensation. You may have sustained a back injury from a car accident, an accident at work or an accident in a public place. If so, you may be able to claim compensation with the help of our panel of No Win No Fee solicitors.
A back injury could have a significant adverse effect on your quality of life. It could potentially make it difficult to move around or go about your regular daily activities as you normally would. In addition to this, a back injury can be very painful.
You can get free legal advice from our team of advisors today by calling 0800 408 7825. If they think your claim has a good chance of success, they could connect you with a back injury solicitor from our panel, who can represent you in a personal injury claim and get you the money you deserve.
Read on for more information about how a back injury lawyer could help you.
Select A Section
- Why Claim With A Back Injury Lawyer?
- When Could You Claim With A Back Injury Lawyer?
- Back Injury At Work Claims
- Back Injuries In Road Traffic Accidents
- How Long Do You Have To Make A Back Injury Claim?
- How Could A Back Injury Lawyer Help You?
- Back Injury Claim Payouts
- Claim With A No Win No Fee Back Injury Lawyer
- Learn More About Back Injury Compensation Claims
A back injury lawyer is someone who could help you specifically if you’ve had an accident relating to your back. This specialisation means that you would get a tailored representation from someone who is experienced in your area of need.
In order to claim compensation, you need to show that you were owed a duty of care and that this duty of care was breached, causing you to be injured as a result. We will take a closer look at the duty of care owed to you later on in this guide.
When making a claim, it can be very advantageous to have a specialist personal injury solicitor. They’ll know every best step to take and can guide you through everything with expert advice and representation.
It’s not a legal requirement to have a solicitor work on your behalf when making a claim. However, you may find that the process goes much more smoothly if you choose to do so.
As we’ve already mentioned, there needs to have been a breach of duty of care in order for you to claim compensation for your injuries. There are several scenarios in which you’re owed a duty of care.
For example, you’re owed a duty of care while you’re at work. This is outlined in the Health and Safety at Work Act etc. 1974. If your employer breaches this duty of care and you’re injured as a result, you may be able to claim.
Similarly, all road users owe one another a duty of care while on the road. The duty of care of road users is outlined in the Highway Code. This outlines the duty of care that road users owe one another. If you’re injured because another road user breaches this duty of care, you could make a claim for compensation.
If you have an accident in public, such as tripping over a loose cable and landing on your back, you could be able to hold the person in control of the space liable. This is because the occupier of every public space has a duty of care to those who use the space for the intended purpose. The duty of care is outlined in the Occupier’s Liability Act 1957.
In the subsequent sections, we will look at some specific examples of breaches of duty of care that could cause a back injury. In any scenario, it’s always advisable to get professional advice, which we can provide easily if you get in touch today.
According to the Health and Safety Executive (HSE), there are various ways in which you could sustain an injury to your back at work. If your injury came about as a result of a breach of duty of care, you might be able to claim.
As part of your duty of care, your employer must:
- Carry out, and act on the result of risk assessments. For instance, if you work in an office, a risk assessment should be performed to make sure that your workspace (including chair and desk) does not put any strain on your back.
- Maintain good housekeeping. Poor housekeeping could increase the risk of slips, trips and falls on items left out obstructing walkways. Your employer should ensure that things like boxes and trailing wires are tidied away.
- Ensure that proper training is administered. You could have to lift and carry as part of your role. If you’re not trained in proper lifting and handling techniques, you could injure yourself.
- Provide appropriate equipment. If you’re given equipment to work with that is not fit for the task, for example, a ladder with a loose rung, this could cause you to fall. As a result, you could injure yourself.
- Provide the right Personal Protective Equipment (PPE) for the role. You might need specific PPE to do your role safely. For example, your role could require non-slip shoes. If your employer fails to provide you with this and you injure yourself as a result, you may be able to claim.
If you have an accident at work, always remember to log your accident in the workplace logbook as soon as possible. It could be key evidence if you decide to make a claim against your employer.
CCTV records, witness details and medical notes will also be helpful in building your case. For more information on the evidence, you could collect to support your claim, speak with us today. You could be connected with a back injury lawyer from our panel.
Different road users can be caught in an array of road traffic accidents. For example, if you’re a pedestrian using a zebra crossing and a driver fails to stop at a crossing and knocks you to the ground, you could hold them liable.
Cyclists are considered vulnerable road users because they aren’t offered the protection that those driving in other vehicles enjoy. Taking a bad fall from your bike could leave you with gashes or broken bones. Therefore, if you’re a cyclist who is injured because a car hits you while breaching their duty of care, you could claim.
It’s also possible to make a claim if you’re in a car and another driver, for example, comes into the back of you at a set of lights, causing whiplash or other injuries to your neck. This would be an example of a breach of duty of care because they failed to keep a safe stopping distance from you. As a result, you may be able to claim.
If you’re making a claim for compensation after a road traffic accident, this might be affected by the Whiplash Reform Program. If you are a passenger or driver over the age of 18 and your injuries are worth less than £5,000, you will need to make your claim through an online portal. Speak to our team today for a free assessment of your claim.
If you decide to seek back injury compensation, you must start the claiming process within the relevant time limit. The Limitation Act 1980 states that you will generally have three years to start your claim from the date you were injured.
However, for certain personal injury claims, there are exceptions to this three-year time limit. These include:
- Those lacking the mental capacity to make their own claim – The time limit is suspended indefinitely. A litigation friend could be appointed by the court to claim on their behalf. If they were to regain this mental capacity, they will have three years from the date of recovery to start a claim if one has not already been made for them.
- Those under the age of 18 – The time limit is paused until their 18th birthday. Prior to this date, a litigation friend could make a claim for them. However, if they turn 18 and a claim has not been started, they will have three years from that date to begin proceedings.
Get in touch with our advisors to discuss your potential claim. If it seems valid and you are within the time limit, they could put you in touch with one of the back injury solicitors on our panel.
Back injury solicitors could organise for you to be privately assessed by a medical professional. A diagnosis can provide key evidence of your injuries and be used to support your claim. They are also likely to know what evidence will work best for your specific claim.
Get in touch, and our advisors will arrange a free consultation to learn more about your situation. Furthermore, you may be connected to our panel of No Win No Fee lawyers.
Can A Back Injury Lawyer Help Me Gather Evidence?
When making a personal injury claim, one of the back injury solicitors on our panel could assist you with gathering evidence to support your case. Some examples of the evidence they could help you collect to support your back injury compensation claim include:
- They can get in touch with any witnesses to your accident using their contact details and obtain a statement confirming what happened.
- Using their connections, they can arrange an independent medical assessment to determine the extent of your injuries and what caused them.
- If you give your lawyer permission, they can request your medical records on your behalf to further prove your injuries.
- Your lawyers can also put together other pieces of evidence to build a strong case, such as photographs of your injuries and proof of any financial harm you have suffered.
To see if you could be eligible to work with a back injury lawyer from our panel, you can contact our advisors today.
The value of your compensation for a back injury can vary. This is due to the various factors that can inform how much your settlement could be worth. For example, some back injuries may be more extreme than others. Generally, the greater the damage, the more your compensation could be worth. The amount that is calculated and awarded in line with your level of pain and suffering is known as a general damages payment.
Due to the considerations that must be observed, back injury solicitors have a number of helpful resources to aid them in their calculations. One of these is a publication called the Judicial College Guidelines (JCG). It was last updated in April 2022. We have included some figures from this latest edition in the table just below.
The figures should only be used to give you an idea of how much your claim could be worth. Whilst the amounts shown have been based on past court cases, there is no guarantee that your own claim will fall within the brackets shown. Some claims may exceed these figures, some may even fall short.
Injury Severity Amount Notes
Back Severe (i) £91,090 to £160,890 Where the damage is severe to the spinal cord or nerve roots leading to serious pain and disability with possible paralysis.
Back Moderate (ii) £12,510 to £27,760 Where the damage can give rise to backache, soft tissue injuries, prolapsed discs or exacerbation of a pre-existing condition. Amount awarded could depend on the severity of the original injury, lasting pain or impact of symptoms.
Back Minor (iii) Up to £2,450 Where a full recovery is made within three months. But can also be judged upon severity of original injury, degree of pain or impact of symptoms on everyday functioning.
Neck Severe (i) In the region of £148,330 Where the injury has resulted in a lack of movement in the neck, severe headaches, or some form of paralysis.
Neck Minor (ii) £2,450 to £4,350 Where a full recovery takes place between three months and a year. But can also be judged on the severity of the original injury, the presence of additional symptoms elsewhere in the body, and the person’s ongoing ability to function.
Shoulder Serious £12,770 to £19,200 Where the shoulder may have been dislocated, or they may be a soft tissue injury with ongoing symptoms causing pain in the shoulder and neck.
Shoulder Moderate £7,890 to £12,770 Where there is a limitation in movement in the shoulder and symptoms causing ongoing discomfort for around two years.
You may also be awarded special damages. This covers any losses or expenses already accumulated or any that may arise in the future. It can cover:
- Loss of past and future wages
- Medical expenses
- Travel expenses
- Adjustments to the home
In order to claim special damages, you’ll need to provide evidence of the costs you have incurred. This could include invoices, receipts and payslips.
If you’d like a bespoke valuation, our advisors can help you, and can also put you in touch with an injury lawyer for you from our panel.
If you are eligible to make a personal injury claim, a back injury lawyer from our panel may be able to help you. Furthermore, they offer to work with you on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
Under this arrangement, you will not have to pay any service fees upfront or during the claims process. Additionally, if your claim is unsuccessful, you won’t be responsible for paying your lawyer for their services.
However, if you are awarded compensation, your lawyer will deduct a success fee from your settlement. The percentage your solicitor can take as this fee is legally capped at 25% under a CFA
To find out if you could be eligible to work with one of the back injuries solicitors from our panel, you can contact our advisors. Our team is available to help you 24 hours a day, and can be reached via the following methods:
- Calling our free 24/7 advice line on 0800 408 7825
- Pop up to our advisors using the live chat widget on your screen.
- Or use our contact page to get a free callback.
Claiming For A Fractured Coccyx– Our guide on claiming compensation for a fracture to the tailbone.
Crushed Arm Compensation Guide– If you’ve had your arm crushed in an accident caused by negligence, this guide could help.
Car Accident Hip Injury Claim– Read this guide for information on how to claim for a hip injury caused by a car accident.
Physiotherapy Services – Search for physiotherapy in your area on the NHS website.
Royal Society for the Prevention of Accidents – A charity that aims to reduce the rate of accidental injury through advice and guidance.
The Highway Code – Guidance on proper behaviour when on the roads.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
- How to claim compensation for a public footpath injury
- Claims For Accidents On Public Roads And Pavements
- How to claim compensation for an accident in a supermarket
- How Amputation Claims Solicitors Could Help You
- Bone Fracture Claims
- How To Claim For A Permanent Scar
- How Much Compensation Could You Claim For Falling Down A Drain?
Thank you for reading our guide on how a back injury lawyer could help you.