We take for granted how much our back supports us and enables the free and easy movement needed for the demands of daily life. But, if negligence occurred, you might be looking for back injury compensation to deal with the negative consequences facing you.
This guide details the personal injury claims process, starting with an approximate idea of what compensation can apply for back injuries. Every claim varies, so we will detail how amounts are calculated and what evidence can help structure your claim.
Some examples of back injury are listed below, and we have detailed the eligibility criteria you need to meet to start a claim. Perhaps you were partially responsible for your injury or need to make a claim on another’s behalf? A clear explanation is given below.
After looking at time limits and the evidence you should gather to structure your back injury claim, we outline the many benefits of working with a solicitor from our panel. They provide eligible claimants with a version of a No Win No Fee agreement that could enable you to fund your claim without pressing concerns of upfront solicitors’ costs.
Read on to learn more, or you can:
- Call the team on 0800 408 7825
- Contact us online to get started.
- Open the live discussion portal to begin.
Frequently Asked Questions
- How Much Back Injury Compensation Could I Get?
- How Is Compensation Calculated For Back Injury Claims?
- What Else Could My Back Injury Compensation Pay For?
- What Back Or Spine Injuries Can Be Claimed For?
- Can I Make A Back Injury Claim?
- How Long Do I Have To Make A Claim?
- What Evidence Is Needed For Back Injury Claims?
- What Can A Conditional Fee Agreement Do For Me?
- Learn More
How Much Back Injury Compensation Could I Get?
Below is a table that we have put together using entries from a publication called the Judicial College Guidelines (JCG). This document lists guideline brackets for a head-to-toe array of injuries depending on how severe they are. The amounts reflect past personal injury cases in England and Wales that were successful.
It is vital to understand that the Judicial College Guideline amounts are only used as a rough tool to help those involved calculate an amount. Every claim differs according to individual circumstances, and other facets of the compensation award can take the final amount much higher. Also, the first entry in our table is not from the Judicial College Guidelines:
Guideline Brackets
| TYPE OF HARM | SEVERITY | AWARD GUIDELINES |
|---|---|---|
| More than one type of severe injury and Special Damages for care, medical expense and lost earnings. | Severe | Up to £1 million plus. |
| Paralysis | Paraplegia | £267,340 up to £346,890 |
| Back | (a) Severe (i) | £111,150 up to £196,450 |
| (a) Severe (ii) | £90,510 up to £107,910 | |
| (a) Severe (iii) | £47,320 up to £85,100 | |
| (b) Moderate (i) | £33,880 up to £47,320 | |
| (b) Moderate (ii) | £15,260 up to £33,880 | |
| (c) Minor (i) | £9,630 up to £15,260 | |
| (c) Minor (ii) | £5,310 up to £9,630 | |
| (c) Minor (iii) | £2,990 up to £5,310 |
How Is Compensation Calculated For Back Injury Claims?
The compensation that can apply in back injury compensation claims is often made up of two categories of loss, called general and special damages. General damages put a monetary value to the following:
- The seriousness and extent of the injury.
- The expected recovery period.
- The overall negative impact on the person’s quality of life.
- Whether a permanent disability resulted.
Those tasked with calculations can also use medical evidence to assess an amount for these issues. A solicitor can arrange an independent medical appointment to assess you and provide this vital evidence. Call to discuss.
What Else Could My Back Injury Compensation Pay For?
In addition to this, compensation for the financial harm caused by a back injury can be quantified under special damages. To include this as part of your claim, you will be required to put forward evidence of the financial harm, which can include the following:
- Proof from your employer that your income has been reduced or stopped after the injury.
- Proof of any private medical care you need.
- The receipts and invoices for those who provided you with domestic support such as cooking, cleaning and shopping.
- Evidence of travel expenditure to essential appointments.
- Proof of any additional childcare costs.
- The estimates for changes you needed at home, such as installing wheelchair access or a stairlift.
- Receipts for specialist equipment, such as a new bed and/or mattress.
In the hands of a skilled solicitor from our panel, this evidence can be used to calculate a more complete picture of the compensation owed to you. In addition, any future predicted losses can be calculated, such as the ongoing need for any physiotherapy, specialist equipment or lost earnings if you can’t return to work.
Take a moment to see how a professional calculates general and special damages by speaking to an advisor about back injury compensation. Speak to our team and see if your claim qualifies for the assistance of a solicitor from our panel today.
What Back Or Spine Injuries Can Be Claimed For?
There is potentially a wide array of back or spinal injuries that you could claim for if you meet the criteria, which can range from mild pulled ligament issues to the most disabling paralysis. Below are some examples of common causes of back injury that might prompt a valid compensation claim:
Slips, Trips And Falls
Losing footing on a wet floor or loose carpeting can be a frequent cause of slipping, tripping or falling in many workplaces and public areas.
Example – A guest in a restaurant slipped on food left on the floor because it was neither cleaned away nor had hazard signs placed around it. Because of this, they dislocated several vertebrae in their lower spine.
Accidents At Work
Inadequate adherence to the Health and Safety at Work etc Act 1974 (HASAWA) can result in back injuries of various severities. This legislation sets out the duty of care that all employers owe to their employees. While in the workplace, your employer must take all reasonably practicable steps to ensure your safety and welfare.
These steps will vary depending on the nature of the work and the workplace itself. However, they can include appropriate risk assessments and ensure training relevant to carrying out tasks.
Example – An employer failed to ensure that scaffolding was erected safely and in accordance with rules for work at heights. A worker fell when it collapsed and suffered serious spinal cord damage as part of multiple injuries in a scaffolding accident.
Public Place Accidents
The Occupiers’ Liability Act 1957 details the duty of care that those responsible for public spaces owe to visitors. This means that they must take reasonable steps to ensure the safety of members of the public while they are using the premises. A breach might put visitors and the public at risk of harm.
Example – The owners of a cinema were aware that the handrail of a staircase was a repair issue but failed to address the problem. A customer grabbed the rail, and it broke free and caused the person to fall down the stairs. They sustained a back fracture as a result.
Road Traffic Accidents
The duty of care road users owe to each other requires compliance with the Road Safety Act 1988 and rules in the Highway Code to avoid road traffic accidents and ensure responsible use that considers the safety of everyone on the roads. Back injury can be caused in a number of ways if this is breached.
Example – A speeding motorist fails to stop in time and rear-ends the motorist in front, causing that person a severely dislocated spine and months of physiotherapy to regain motion in their back.
Cycling Accidents
The Highway Code deems cyclists as more vulnerable road users and car drivers must extend a greater level of care when encountering them. Breaching this could cause a back injury.
Example – By failing to allow the cyclist to ride in their designated position on the road, a motorist overtook on a bend and caused the cyclist to fall from their bike, sustaining serious cuts and bruises to their back.
Sporting Or Leisure Accidents
Sports and leisure centres are responsible for ensuring the reasonable safety of those using the facilities.
Example – A football pitch was poorly maintained. A sinkhole caused a player’s to become trapped during play, which resulted in another player running into them and caused a severe back injury.
Whatever the precise circumstances of your injury, speak to our advisors about starting a claim for back injury compensation. If you can prove the negligence of others, you could be owed.
Can I Make A Back Injury Claim?
In order to be deemed eligible to start a compensation claim for a back injury, you will be required to meet certain criteria that prove the other party was at fault. The requirements are as follows:
- You were entitled to a duty of care at the moment of injury.
- Those with the duty failed to meet it.
- You suffered either physical and/or psychological injury as a result of this.
With the criteria for negligence in place, you can start a compensation claim against the liable party. If you’re unsure and want to access free guidance on your eligibility, please feel free to consult our advisory team on the contact options above.
What If I Was Partially Responsible For The Accident?
A valid back injury compensation claim could still apply if you were partly responsible for the accident. In claims involving split liability, the courts may deem that a percentage of the compensation is awarded based on your level of responsibility. So, for instance, if it was decided that you were 25% responsible for not taking enough care in a road traffic accident, you could still receive 75% of the total compensation calculated for that injury.
If you were partially responsible for the accident that caused your back injuries, speak to us first. You could still be entitled to some level of compensation if your claim is a success.
Can A Claim Be Made On Behalf Of A Loved One
You can also start a personal injury claim on behalf of a loved one if the courts appoint you as a litigation friend. Normally, this role is performed for two groups of claimants:
- Those under 18 years of age.
- Those lacking the mental capacity to manage their own affairs.
A litigation friend carries out the duties of the claim and acts in the person’s best interests. Any compensation awarded is dealt with on the person’s behalf by trustees or the Court Funds Office. If you would like further information on acting on behalf of someone else in a back injury compensation claim, get in touch.
How Long Do I Have To Make A Claim?
Under the terms of the Limitation Act 1980, you normally have 3 years to commence a personal injury claim. Usually, this starts from the date of the injury itself. There are exceptions to this that relate to the groups we looked at above:
- A pause applies to the time limit for those under 18. Assuming a litigation friend has not launched a claim for them, they have 3 years from this birthday to start a claim themselves.
- A freeze applies to time limits for those without the sufficient capacity to manage their own affairs. The 3-year time limit can be re-commenced from any date that mental capacity returns. (Assuming a litigation friend did not launch a personal injury claim on their behalf).
Please reach out to advisors for help understanding personal injury claim time limits and your claim deadline. You could still have valid grounds to seek back injury compensation from the third party at fault.
What Evidence Is Needed For Back Injury Claims?
The evidence needed in personal injury claims needs to show how a third party with a duty of care failed to execute this duty properly. And that you can prove the nature and extent of the injuries it caused you. With this in mind, some examples of useful evidence include:
- Medical evidence detailing the injuries.
- Photographs of visible harm.
- Copies of CCTV footage of the incident or dash cam footage.
- The contact points for eyewitnesses. Should a solicitor from our panel take up the claim, they will collect supporting statements from these people. This can strengthen your argument.
- A copy of an accident book entry.
- Insurance information from the other driver if the back injury occurred in a car crash.
Furthermore, evidence also strengthens the argument for compensation to cover future costs. So please speak to our advisory team for expert guidance about evidence or any part of the back injury claims process.
What Can A Conditional Fee Agreement Do For Me?
The solicitors on our panel provide a funding option for eligible claimants, which is a type of No Win No Fee contract. A Conditional Fee Agreement (CFA) offers a wealth of advantages to those seeking compensation for their back injuries:
- Firstly, under a CFA, there are no upfront solicitor fees.
- As the claim develops, the solicitors ask for no fees.
- If the claim is unsuccessful, the solicitors request no fees for the completed services they have performed on your claim.
- Should the claim win, the solicitors need payment of a success fee from the compensation. This is a small percentage that is both agreed upon in advance of working together and capped by law.
- This means you can confidently expect to get almost all of the back injury compensation to help aid your recovery.
After The Event Insurance (ATE)
Another advantage to working with our panel of solicitors is the advice they offer on After the Event (ATE) insurance. This type of policy can be purchased by the solicitor on your behalf to cover the legal costs and expenses if your claim is unsuccessful. It provides further protection from the financial risks of claiming.
Taken out at the point where you start working together, ATE insurance is paid back from the compensation if the claim wins. Agreed upon prior to starting, it is typically a low amount. If you’re interested in funding your back injury compensation claim with these advantages, start by seeing if your case qualifies.
Contact Public Interest Lawyers
It couldn’t be easier to see if your claim for back injury compensation is eligible. Simply:
- Call on 0800 408 7825 to see if you can claim compensation.
- Contact us online.
- Ask the live chat window a question for an immediate response on how much compensation might apply for you.
Learn More
As well as the information contained in this guide about back injury compensation, you might find these other resources helpful:
- This guide explores claiming for a split liability car accident.
- Here, you can read about how a personal injury lawyer can help you claim compensation.
- Also, more information on claiming for lower back pain.
External information to help:
- This link from the NHS looks at back pain.
- Also, there’s information from the Health and Safety Executive (HSE) about musculoskeletal disorders.
- Lastly, read an overview of lower back pain here.
In conclusion, thank you for taking the time to read our guide on back injury compensation claims. For any more help in understanding the No Win No Fee agreements offered by our panel of personal injury lawyers, get in touch.
