To be able to make a personal injury claim for back pain, you will need to prove that your injury was directly caused by someone else breaching the duty of care they owed you. Within this guide, we will explain in further detail the criteria you must meet to make a personal injury claim.
Additionally, we will share examples of the accidents you could be involved in that could result in a back injury. We will also provide examples of the evidence you could use in your claim to support your chances of the claim being successful. Furthermore, we will explore how a solicitor from our panel could help you with your claim and the benefits of working with one on a No Win No Fee basis.
After reading this guide, you can contact one of our friendly advisors if you still have any questions about making a personal injury claim. Our team is available 24/7 to help and offer free advice for your potential claim.
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- Could I Make A Personal Injury Claim For Back Pain?
- How To Claim Compensation For Back Pain
- What Accidents Could Cause Back Pain?
- Back Pain Injury Claim Payouts
- Make A No Win No Fee Personal Injury Claim For Back Pain
- Learn More About Claiming For Back Pain
To be eligible to make a personal injury claim for back pain, you will need to prove that your back injury was caused by someone breaching their duty of care towards you. A breach of duty of care that results in injury is known as negligence.
You are owed a duty of care in various circumstances. Some examples include:
At Work – The Health and Safety at Work etc. Act 1974 states that employers owe a duty of care to their employees. This means that they have to take reasonable and practicable steps to ensure their employee’s safety whilst they are at work. Failure to adhere to this duty of care could result in you being injured in an accident at work.
On the Road – The Road Traffic Act 1988 outlines how all road users have a duty of care to prevent harm to themselves and others whilst using the roads. Road users include drivers, cyclists and pedestrians. Additionally, The Highway Code provides guidance on road safety for various road users. If another road user were to breach their duty of care, this could result in you being injured in a road traffic accident.
In Public Places – The Occupiers’ Liability Act 1957 outlines how those in charge of a public space have a duty of care to members of the public that use their facilities. Per this duty, they must take all the necessary procedures to ensure your reasonable safety when you are using that public space for its intended purposes. Failure to do so could result in you being injured in a public place.
Contact one of our advisors to learn more about when you could make a personal injury claim.
In order to claim compensation, you will need to provide supporting evidence. Providing the correct type and sufficient evidence could help prove who was liable for your injury.
Some examples of the evidence you could use to help support your personal injury claim for back pain include:
- CCTV footage of the accident.
- Other videos or photographs of the accident, such as dashcam footage.
- The contact details of any eyewitnesses to the accident.
- A completed report in the accident book (if applicable).
- Evidence regarding your injury, such as a copy of your medical records stating the type of injury you suffered.
Additionally, a solicitor could help you with gathering evidence for your claim, as well as help you with building a solid case.
Contact one of our advisors today to be put in contact with a solicitor from our panel. Furthermore, they could help answer any questions you may have, such as ‘How to prove my personal injury claim?’
There are various types of accidents that you could be involved in that could result in a back injury that causes pain. Some examples of the types of accidents that could lead to back pain include:
- A slip and fall at work could result in you suffering from back pain due to a soft tissue injury.
- You could suffer a spinal injury in a car crash, which could cause back pain.
- You could strain your back in a manual handling accident which could result in back pain.
However, no matter what type of accident you were involved in, to be able to make a personal injury claim for back pain, you need to prove that your injury was caused by someone else breaching the duty of care they owed you.
Contact our advisors to discuss your potential claim today and receive free advice.
Following a successful claim, you’ll be awarded general damages. General damages aim to compensate you for any pain or suffering you’ve experienced due to your injuries.
When valuing your claim, a legal professional may refer to the Judicial College Guidelines (JCG). This is a document that lists compensation guidelines for various injuries, with the amounts being based on previous successful court claims.
Below, we have created a table using the figures listed in the 16th edition of the JCG. This is to help you gain a clearer idea of how much compensation you might receive for a successful personal injury claim for back pain.
However, it should be noted that compensation is awarded on a case-by-case basis. So, please only use this table as a guide.
|Severe (a) (i)
|Cases involving damage to the nerve roots and spinal cord, resulting in serious consequences. Symptoms will include severe pain with a combination of incomplete paralysis.
|£91,090 to £160,980
|Severe (a) (ii)
|Cases involving special features taking them out of any lower bracket. These injuries involve nerve root damage, impaired mobility, impaired sensation, and unsightly scarring.
|£74,160 to £88,430
|Severe (a) (iii)
|Injuries such as fractures, disc lesions, or soft tissue injuries that lead to chronic conditions. Despite treatment there is continuing pain and discomfort.
|£38,780 to £69,730
|Moderate (b) (i)
|Injuries such as a crush or compression fracture of the lumbar vertebrae that results in constant discomfort and pain with a substantial risk of osteoarthritis.
|£27,760 to £38,780
|Moderate (b) (ii)
|Back injuries that result in the disturbance of muscles and ligaments, that result in backache. Or a soft tissue injury that results in the exacerbation/acceleration of a pre-existing condition.
|£12,510 to £27,760
|Minor (c) (i)
|Where a full recovery, takes place without surgery within two to five years from a minor back injury such as a sprain or disc prolapse.
|£7,890 to £12,510
How Special Damages Are Calculated
Additionally, special damages is another head of claim that you could be eligible to receive. This head of claim aims to reimburse successful claimants for any financial losses they have experienced due to their injuries.
Examples of financial losses that you could be reimbursed for include:
- Loss of earnings.
- Care costs.
- Travel expenses.
- Medical expenses.
However, you will have to provide evidence about these losses to receive special damages. Evidence could be bank statements, invoices, or receipts.
Contact our advisors today to see whether you may be eligible to make a personal injury claim for back pain.
One of our friendly advisors could advise you whether they think you could make a personal injury claim for back pain. Additionally, they could put you in contact with a solicitor from our panel who have years of experience handling various types of personal injury claims.
When making a claim with a solicitor under the terms of a CFA, you generally won’t be expected to pay any upfront or ongoing fees for your legal representation. Furthermore, in the case that your claim is unsuccessful, you won’t have to pay them anything for their services.
However, in the case that you’re successful in your claim, you’ll have to pay a success fee. This is a percentage that is deducted from your compensation award. The amount your solicitor can take as a success fee is legally capped and will usually be discussed with you beforehand.
You can contact our advisors if you’d like to learn more about working with a No Win No Fee solicitor for your personal injury claim. Our friendly team is available 24/7 to help answer your questions and offer free advice.
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For additional guides about personal injury claims, you can read:
- How are personal injury claims calculated?
- Claiming compensation for a bicycle accident.
- Get a personal injury lawyer for your claim.
Alternatively, you can use the following links to learn more:
- Gov.UK – Statutory Sick Pay (SSP)
- Royal Society of the Prevention of Accidents (RoSPA) – Our vision and mission.
- THINK! – Road safety laws.
Additionally, you can contact one of our advisors if you have any further questions about making a personal injury claim for back pain.