Welcome to our guide about how to make a successful back injury compensation claim. As we will explain, if you suffer an injury to your back, it could impact your life significantly. This applies in the short term, but an injury of this nature could also have long-term repercussions as well.
If the incident in which you were injured happened because of a breach of duty of care, this is known as negligence and you may be able to claim. We will discuss the duty of care you are owed in greater detail further on in this guide.
In the meantime, however, we strongly encourage you to speak to our advisors. They could also provide a free consultation at any time of the day as we’re available to chat 24/7. Note, though, that you don’t have to pursue a claim just because you have a conversation with our helpful team.
For more information on whether you have the right to claim, you can contact us by:
- Telephoning 0800 408 7825;
- Completing our contact form;
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What Is A Spinal Or Back Injury?
Back Injuries Caused By Road Traffic Accidents
Back Injuries Caused By Workplace Accidents
How Long Do I Have To Claim For A Back Injury?
What Evidence Could Support Your Claim?
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A back injury can affect the vertebrae of the back, the spinal cord or the soft discs of tissue that make up the spine. Depending on the severity, the injury could prove to be extremely painful or even life-changing.
In order to claim compensation, you could need to demonstrate that the accident in which you were injured was caused by a breach of duty of care. This is where someone who has a responsibility to keep you safe fails in this responsibility.
There are a number of scenarios in which you’re owed a duty of care. These include at work and on the road.
For more information on the duty of care that you’re owed in different circumstances, please read on. Otherwise, get in touch with us today for free legal advice about claiming.
On the road, all road users owe one another a duty of care. This means that they need to act in a way that ensures the safety of others. The things that road users are expected to do to keep each other safe is outlined in the Highway Code.
There are a number of ways that another driver’s negligence could cause you to sustain a back injury on the road. For example:
- You stop at a red light and another car hits the back of you. They would be at fault as they failed to maintain a safe stopping distance.
- You’re travelling down the main road and another driver pulls out without looking. They hit your car, and you injure your back in the impact.
- While you’re crossing the road as a pedestrian, a car fails to stop at the red light and knocks you down. You fall on your back and are injured.
If you’re a driver or passenger over the age of 18 and your injuries are worth less than £5,000, you can claim through an online portal. This is because of the introduction of the Whiplash Reform Programme, which applies to claims made for accidents that happened after 31st May 2020.
Please get in touch with our friendly team if you want to know more. They can offer you free legal advice about the process of claiming.
If you sustain a back injury at work, you could claim compensation if you can show that your injury was caused by a breach of duty of care. Your employer holds responsibility for your safety at all times while you’re at work. They should take all reasonably practicable steps to ensure your safety.
This is a crucial aspect of the Health and Safety at Work etc. Act 1974. Below, we have included some examples of how a breach of duty of care could lead to an accident:
- You’re asked to lift a heavy object without manual handling training. As a result, you injure yourself.
- You work at a height and are given a ladder to use. This ladder has not been inspected in the appropriate time frame and is now damaged. You fall and injure your back as a result.
- A wet floor is not signposted or cleaned up within a reasonable timeframe. As a result, you slip, fall and injure your back.
These are just some of the ways that you may suffer back injury as the result of a breach of duty of care. If you have any queries about claiming for back injuries at work, please get in touch with our team of advisors.
There is a time limit for you to start a back injury claim, just as there is for any claim. The personal injury claims time limit runs for 3 years. This either runs from the date of the injury or the date that you became aware that your symptoms were caused by negligence.
There are exceptions, however. For example:
- Child injury claims. If you’re under 18 at the time you’re injured, the time limit would begin once you turn 18.
- Those lacking mental capacity. If someone doesn’t have the mental capacity to claim, this doesn’t begin unless they regain this capacity.
In both cases, a litigation friend can claim compensation on behalf of the injured party for as long as the time limit is suspended. This is someone who acts in the best interests of the claimant. Anyone can apply to be a litigation friend.
For more information on the exceptions that apply to the claim time limits, get in touch with our friendly team of advisors today. You could be connected with a No Win No Fee solicitor from our panel.
There are various forms of evidence that could strengthen your personal injury claim. These include:
- CCTV footage. This can show that the circumstances of the accident happened as you said they did.
- Witness statements. If someone else saw the accident take place, you can take their details so that they can provide a statement at a later date.
- Accident book report. If the accident happened at work, it may have been recorded in the accident book.
- Photographs. You could take photographs of the immediate aftermath of the accident
As part of your claim, you might also be invited to an independent medical assessment. This will provide evidence of your injuries and will also create a report which can be used to value your claim.
These are just some of the examples of what evidence might help to prop up your claim. Please get in touch if you want further guidance about the evidence that could support your personal injury claim.
One of the common questions we hear about compensation claims is how much you might receive in a compensation payout. When it comes to a back injury, this is significant because a payout could vary greatly. This is because of how many factors could influence how much compensation you receive if the claim is successful.
These include how severe the injury is, the extent of physical damage, and also the psychological toll. The length of recovery and the possibility of any permanent damage will also be taken into account.
The table below presents a range of possible payout figures. These numbers are featured within the Judicial College guidelines that consist of guideline compensation brackets. Please bear in mind that these are estimates but not guarantees.
|Tetraplegia||N/A||£304,630 to £379,100||This is an injury causing paralysis below the neck.|
|Back Injury (i)||Severe||£85,470 to £151,070||The most severe injury causing large pain, permanent disability & an impact on sexual function|
|Paraplegia||N/A||£205,580 to £266,740||This is an injury causing paralysis in the lower part of the body.|
|Back Injury (ii)||Severe||£69,600 to £82,980||Permanent consequences such as nerve root damage, mobility difficulties and a loss of sensation|
|Back Injury (iii)||Severe||£36,390 to £65,440||A disc lesion or fracture causing chronic conditions and potential arthritis|
|Back Injury (i)||Moderate||£26,050 to £36,390||A compression or crush fracture of the lumbar vertebrae|
|Back Injury (ii)||Moderate||£11,730 to £26,050||A disturbance of ligaments and muscle damage causing aching of the back|
|Back Injury (i)||Minor||£7,410 to £11,730||A general back injury with a recovery within 5 years|
|Back Injury (ii)||Minor||£2,300 to £7,410||A recovery within 3 months to 2 years|
|Back Injury (iii)||Minor||Up to £2,300||A full recovery within 3 months|
The above figures represent general damages, which is the part of your compensation that covers the impact an injury has on your quality of life. However, your compensation could also consist of special damages.
Special Damages in Back Injury Claims
Special damages cover the extra costs that pop up as a direct result of your injury. One example could be a loss of income while you’re unable to work. You could also claim back the cost of treatment that you could not get on the NHS, or travel costs to and from
It’s important that you provide evidence of any special damages you would like to claim back. For example, you could provide receipts, invoices or payslips.
Please get in touch if you have any queries about compensation settlements and what could be included in your compensation award.
If you’re planning to claim compensation for back pain, you could benefit from a No Win No Fee agreement. Also known as a Conditional Fee Agreement, No Win No Fee helps to protect your financial interests when funding legal representation.
Under a No Win No Fee agreement, you won’t be asked to make any payments to your solicitor, either before the process starts or while it’s ongoing. You also won’t be asked to make any payments in the event of an unsuccessful claim.
If your case is a success, a fee will be deducted from your compensation award by your solicitor. This fee has a legal cap to prevent you from being overcharged.
To find out more about No Win No Fee agreements, get in touch by:
We hope that you come away from this guide with a lot of knowledge about making a spinal injury claim. Nevertheless, we totally understand that you may still want to find out further information. To assist with this, then, we have the additional research links below for you to take a look at.
If you have sustained a back injury in a car accident, this guide could offer more information on claiming.
This guide includes a case study on suffering back pain in work.
We have guidance on hiring lawyers for back injuries.
Meanwhile, the NHS has guidance on back injuries.
The NHS also advises on physiotherapy, which can be used to treat back pain.
Furthermore, there is also NHS guidance on paralysis; this can occur if there is damage to the spinal cord.
Thank you very much for reading our guide about how to make a successful back injury compensation claim.
Article by AR