By Max Morris. Last Updated 17th June 2022. 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 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:
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- Claiming Lower Back Pain After A Car Accident Compensation
- How Car Accidents Could Cause Lower Back Pain
- Types Of Lower Back Injury
- How The Whiplash Reform Program Could Affect Your Claim
- Tips On Claiming Compensation for Lower Back Pain After a Car Accident
- Lower Back Pain After Car Accident Compensation Amounts
- Talk To A No Win No Fee Claims Expert
- Related Guides
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.
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 collision. These 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.
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.
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.
If you’re wanting to claim for lower back pain after a car accident, you need sufficient evidence to prove that the injury was caused by another road user’s negligence. While you can claim directly, we recommend that you use a solicitor due to their experience making personal injury claims. They can help you collect evidence when you claim for a back injury.
Evidence that could be used when claiming for lower back pain from a car accident includes:
- Photographs of your injuries and the accident site.
- Medical reports – An independent medical assessment can be organised by your solicitor. A medical professional will help determine factors including your prognosis, treatment plan and if any permanent side effects have been created. This report can be used as medical evidence.
- CCTV footage or dash cam footage of the accident. This can help show the series of events that led to the accident.
- Contact details of witnesses. Your solicitor could then contact them for a statement as part of the claims process.
If you want more information about what can be used as evidence, please contact us for free legal advice using the above details.
If you’ve suffered back pain after a car accident due to another road user’s negligence, you may be able to claim compensation. There are two potential heads of losses that can apply in a back injury claim.
General damages equate to the suffering and pain caused by the injury. The Judicial College Guidelines can give you a greater indication of what you could receive for this. Factors that dictate how much you receive includes the extent of the injury and if any permanent health issues were caused as a result.
The figures below have been taken from the latest guidelines (published in April 2022) and relate to successful general damage claim amounts from England and Wales. Please remember that these figures are not guaranteed as many aspects can dictate what you receive.
Injury Severity Amount Notes
Back Severe (i) £91,090 to £160,980 This 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.
Back Severe (ii) £74,160 to £88,430 This could involve some form of orthopaedic injury. This could include nerve root damage with impaired mobility and loss of sensation.
Back Severe (iii) £38,780 to £69,730 This 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.
Back Moderate (i) £27,760 to £38,780 This could involve less severe back injuries such as a compression/crush fracture or prolapsed disc that leads to reduced mobility and pain.
Back Moderate (ii) £12,510 to £27,760 This could involve cases of prolapsed discs, or soft tissue injuries that exacerbate the symptoms of a pre-existing condition.
Back Minor (i) £7,890 to £12,510 This could involve less serious sprains, strains, disc prolapses, soft tissue injuries or fractures that don't necessitate surgery.
The second potential head of losses is called special damages. This equates to losses, on a financial level, caused by the injury. Losses you could claim for when you have back pain after a car accident include:
- Loss of earnings
- Medical expenses, such as prescriptions
- Home adjustments, such as stairlifts and care beds
- Travel expenses
Financial evidence you would need to prove these types of losses includes bank statements, invoices and receipts. If you have any further questions about making a back injury claim, please contact us for free using the details above.
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.
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.
Other Guides You May Find Useful
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