A Guide On Claiming Lower Back Pain After A Car Accident Compensation

If you’ve experienced lower back pain after a car accident, compensation could be awarded to you. In order to claim, you’d need to show that the accident happened as a result of the negligence of someone who owed you a duty of care. 

Lower back pain after car accident statistics

Lower back pain after car accident statistics

Lower back pain can be inconvenient, stressful and painful. You might experience some loss of mobility; for example, you might not be able to bend your back or lean over the way you did before the injury.

If you’re thinking of making a claim, our team of advisors can offer free legal advice about your case. If they think your claim could have a good chance of success, they may connect you with a solicitor from our panel. Though it’s not essential to hire one, a solicitor will know all the appropriate steps you can take to make a personal injury claim and could make the claims process run more smoothly than it otherwise would. 

Keep reading to find out more about claiming for lower back pain after a car accident. You can also get in touch with us at any time if you have any further questions. You can:

Select A Section

  1. Claiming Lower Back Pain After A Car Accident Compensation
  2. How Car Accidents Could Cause Lower Back Pain
  3. Types Of Lower Back Injury
  4. How The Whiplash Reform Program Could Affect Your Claim
  5. How To Prove Your Lower Back Pain Was Caused By A Car Accident
  6. Lower Back Pain After Car Accident Compensation Amounts
  7. Talk To A No Win No Fee Claims Expert
  8. Related Guides

Claiming Lower Back Pain After A Car Accident Compensation

According to the NHS, pain in the lower back can be very common and is often referred to as lumbago. In most cases, back pain is not caused by serious issues and will improve within a few weeks or potentially months. However, in some cases, back pain could be a signifier of something more serious, so it is advisable to get medical attention if you are experiencing lower back pain. 

To claim lower back pain after a car accident compensation, a breach of duty of care must have caused the accident to happen. When on the roads, all users have a duty of care to take reasonably practicable steps to keep others from harm. This duty of care is outlined in the Highway Code. When this doesn’t happen, accidents causing injuries can occur. 

Lower back pain could have a negative impact on your quality of life. You could have to make difficult adjustments to your life, and your everyday routine could be affected. You may also have to undergo repetitive treatment for a number of years, such as physiotherapy or even surgery. 

A car accident could directly cause injury to your lower back, but could also exacerbate the symptoms of a pre-existing condition. Regardless of the situation, if the negligence of another party caused injury to your lower back, you could potentially make a personal injury claim for lower back pain after a car accident compensation. 

How Car Accidents Could Cause Lower Back Pain

When you’re involved in a car accident, it often means that force has been applied to your vehicle. The force in a car accident, often caused by another vehicle colliding with yours, could force your neck and back to move in a back-and-forward motion. This could strain the muscles and ligaments in the back, resulting in lower back pain.

Below, we’ve included some examples of how a car accident could occur as the result of someone else’s negligence:

  • A rear-end collisionThese are often the fault of the following driver because they failed to keep a safe stopping distance from the car in front.
  • A side-impact collision. This kind of accident could happen if a driver pulled out of a side road without looking properly.
  • A head-on collision. This could occur if one car was travelling down the wrong side of the road. It could also occur if a motorist overtook a cyclist or other road user too close to a bend or junction.

Different circumstances could have caused you to experience lower back pain after a car accident. Compensation could still be owed to you, however. Get in touch with an advisor from our team today for more information on how much you could be owed.

Types Of Lower Back Injury

In this section, we will look at different types of lower back injuries that could potentially result from a car accident. 

Herniated Disc Injuries

A herniated disc happens when one of the discs of soft tissue that sit between your vertebrae move out of place. This injury could also be known as a ruptured or slipped disc

If a disc pushes out and presses against nerves, it can be extremely painful. Some slipped disc injuries may not cause any symptoms at all, but symptoms you could look out for include:

  • Lower back pain
  • Numbness or tingling
  • Neck pain
  • Problems bending or straightening your back
  • Muscle weakness

Discogenic Lower Back Pain

Discogenic pain can refer to any pain associated with spinal discs. When one or more discs are damaged, the pain can be very intense. Discogenic pain can occur if the condition of the spinal discs is deteriorating over time, but can also happen as a result of sudden trauma, such as a car accident. 

When discs age, they lose hydration and become more susceptible to fissures known as annular tears. This can lead to inflammation and pain. However, this condition can be treated with physiotherapy and medication; seek medical attention for more information on the course of treatment that is appropriate for you. 

Facet Joint Spinal Injuries

The facet joints help support the weight and movement between spinal vertebrae. Nerves travel through these joints to go to the other parts of the body. In some cases, they can be inflamed.

One common symptom of this is muscle spasms; this is a protective reflex to inflammation. However, the spasming can cause pain and pull the spine out of alignment. There could also be a sudden and brief paralysis; for example, you could find that you’re unable to straighten your back again after bending over. 

Facet joint pain can often be confused for disc-related disorders, so it is always advisable to get a proper diagnosis if you have any concerns. Treatments could include rest and some form of physical therapy. 

Lumbar Spinal Sprains

Sprains in the lumbar area (or lower back) are often a result of excessive force placed on the back. This could occur in a car crash. The trauma can cause the tendons, ligaments and muscles in the back to overstretch, leading to a sprain or strain. 

Rest, physical therapy, and medication could all be recommended by a medical professional to treat a lumbar spinal sprain. 

How The Whiplash Reform Program Could Affect Your Claim 

There have been recent changes to the law that affect how some road traffic accident claims are made. This is covered in the Whiplash Reform Program.

Under the WRP, if a passenger or driver who is over 18 has injuries that are valued under £5,000, they now have to claim using an online portal. This can cover any type of injury that may be the result of a road traffic accident. However, the Whiplash Injury Regulations 2021 have re-classified how much whiplash claims are worth.

However, you may be undervaluing your injury, so get in touch with us before you try to make a claim through the online portal. We can give you a more accurate evaluation of your injuries and see if you could potentially claim more compensation. Furthermore, you can utilise the services of a solicitor even if your claim has to be made through the online portal.

How To Prove Your Lower Back Pain Was Caused By A Car Accident

It is essential to prove that another’s negligence caused your injuries to make a personal injury claim. You can do this without a solicitor, but we always recommend you hire one, as they will be able to help you gather evidence that can be used to support your claim. 

Evidence that you could provide includes:

  • CCTV footage or dashcam footage of the accident taking place 
  • Medical reports 
  • Photographs of the accident or your injuries
  • Witness contact details (for statements to be taken at a later date)
  • Accident reports

When claiming with a solicitor, you will be invited to a medical appointment with an independent expert to assess the severity of your injuries and how they will continue to affect you. The results of this assessment could be used as key evidence to value your injuries and, therefore, your claim. 

Lower Back Pain After Car Accident Compensation Amounts

The table in this section shows possible compensation amounts for back injuries that could occur after a car accident. These figures are taken from the Judicial College Guidelines and are calculated from past cases of compensation being awarded. These guidelines are used to help value injuries. 

BackSevere (i)£85,470 to £151,070This could involve severe damage to the spinal cord and nerve roots, leading to serious consequences. There could be serious pain with a disability such as paralysis.
BackSevere (ii)£69,600 to £82,980This could involve some form of orthopaedic injury. This could include nerve root damage with impaired mobility and loss of sensation.
BackSevere (iii)£36,390 to £65,440This could involve cases of disc fractures or soft tissue injuries that have led to chronic conditions or lasting disabilities. There may also be continual pain, impaired agility and a risk of arthritis.
BackModerate (i)£26,050 to £36,390This could involve less severe back injuries such as a compression/crush fracture or prolapsed disc that leads to reduced mobility and pain.
BackModerate (ii)£11,730 to £26,050This could involve cases of prolapsed discs, or soft tissue injuries that exacerbate the symptoms of a pre-existing condition.
BackMinor (i)£7,410 to £11,730This could involve less serious sprains, strains, disc prolapses, soft tissue injuries or fractures that don't necessitate surgery.

You may also receive special damages as part of your claim. This element of your compensation covers any financial losses you may have experienced as a result of your accident and injuries. For example, you could potentially claim for:

  • Medical expenses not covered by the NHS
  • Adjustments to the home if your injury caused a disability
  • Travel expenses
  • Loss of wages

You could also potentially claim for any possible future financial loss. To claim special damages, you need to be able to prove that your injury caused your losses. For example, you could provide payslips to show loss of earnings or bank statements to evidence travel costs. 

Talk To A No Win No Fee Claims Expert

If you’ve got lower back pain after a car accident, compensation could be owed to you. Though making a personal injury claim could seem intimidating, hiring a personal injury lawyer could make things easier for you. 

You could also be worried about funding a solicitor’s work if you’ve already suffered financially. However, one of the solicitors on our panel could offer to represent you on a No Win No Fee basis. 

In a No Win No Fee agreement, you don’t have to worry about paying any upfront or ongoing fees to your lawyer. You don’t even need to pay your solicitor for their work at all if your claim is unsuccessful. 

Your solicitor will deduct a success fee from your compensation as payment if your claim succeeds. They will discuss their fees with you beforehand, so you will always know what you’ll pay in the event of a successful claim. It is also legally capped, meaning you will get to keep the majority of your compensation. 

If you want to know more about No Win No Fee agreements, get in touch with us today. We can also give you more information on how you could claim compensation for back pain after a car accident. Our advisors can connect you with a solicitor from our panel who can help you start a personal injury claim today.

Related Guides

Thank you for reading our guide on claiming compensation for back pain after a car accident. We hope it answered any questions you may have had. For more related guides, see below. 

Facial Scar Compensation Guide – A guide to claiming compensation for a scarred face. 

Hernia Compensation Guide – An article explaining how you could claim after suffering from a hernia. 

Injury Caused by Fire Compensation Guide – A guide on how to claim after being injured in a fire. 

THINK!- Government road safety campaigns.

Department for Transport – The government department responsible for the English transport network. 

Statutory Sick Pay – An overview of statutory sick pay and how you can access it after an accident has led to a loss of wages. 

Thank you for reading our guide on lower back pain after a car accident and the compensation that could be owed to you. 

Article by AO

Publisher ET