Whether you’ve injured your back at work, in a car crash or in any other type of accident, this guide on back injury claims will explain when you could be compensated, what your compensation could cover and how much compensation for a back injury you might be awarded.
Our team is ready to help if you’d like to know more about your options. We provide a no-obligation consultation over the phone where you’ll be given free legal advice after you’ve told us how you injured your back. If the grounds for claiming are strong enough, we’ll refer you to one of our solicitors. If they decide to take on your case, they’ll represent you on a No Win No Fee basis.
Please continue reading to learn more about the types of back injury compensation claims we can help with. If you’d rather speak with a specialist right away, please call us on 0800 6524 881.
Table of contents
- Am I Eligible To Make A Back Injury Compensation Claim?
- Evidence To Support A Back Injury Claim
- How Much Compensation Will I Get For A Back Injury?
- Common Causes Of Back Injury Claims
- Common Types Of Back Injuries
- Negligence Leading To Back Injury Claims
- Time Limits For Claiming Back Injury Compensation
- How Long Does A Back Injury Claim Take?
- Starting The Back Injury Claims Process
As our personal injury solicitors all operate on a No Win No Fee basis, they can only work on back injury claims that they believe have a fair chance of success. Therefore, before agreeing to represent you, they will check if:
- You were owed a legal duty of care by the defendant; and
- The defendant acted negligently and caused an accident or incident; and
- You’ve suffered a back injury because of that negligence.
Depending on your scenario, different laws might be used to establish a duty of care. You don’t need to worry about this as your solicitor will investigate this for you before taking on your claim. You can help improve your chances of being compensated for a back injury though by providing supporting evidence. We’ll explain more about this shortly.
Yes, you may still be eligible to make a claim for a back injury even if you were partly at fault. Due to the Law Reform (Contributory Negligence) Act 1945, if you were partially at fault for your back injury, your compensation may be reduced to reflect your level of responsibility.
For example, if you were a passenger in a car accident where the other driver was primarily at fault, but you were not wearing a seatbelt at the time of the accident, a court may find that you were 25% responsible for your back injury. In this case, any compensation you receive would be reduced by 25% to reflect your level of responsibility.
If you’re unsure whether you could still claim compensation for your back injury, please speak with a personal injury solicitor on our team who can advise you accordingly.
If you have a pre-existing back injury that was made worse by an accident that wasn’t your fault, you could still claim compensation for the additional pain, suffering, and financial losses caused by the exacerbation of your condition.
However, it’s important to note that insurance companies and defendants may try to argue that your pre-existing back injury was not made worse by the accident, or that the accident was not the primary cause of it being made worse. This is why it’s important to gather medical evidence and other documentation that supports your claim, as explained in the next section.
If you are considering making a claim for a pre-existing back injury that was made worse through no fault of your own, please contact us for free advice today.
Most back injury compensation claims will be handled by an insurance company representing the defendant. They are unlikely to compensate you if you cannot prove why the defendant was responsible for your accident and your back injury. Therefore, you should try to provide as much as possible. This could include any of the following:
- A copy of an accident report to prove when and where you suffered the back injury, for example, if you have a back injury at work claim.
- Details of any witnesses who might be able to provide a statement of what they saw.
- Medical records and x-rays from the hospital, GP surgery or minor injuries unit that treated your back injury.
- Photographs of the accident scene to show what caused your accident.
- Dashcam or security camera footage of the accident taking place.
- Details of any costs or expenses you’ve incurred. Bank statements, receipts and invoices could all be useful here.
As part of our free initial consultation, we’ll review any evidence for your back injury claim you’ve already collected. If you’re struggling to secure evidence to support your claim, please let us know as one of our solicitors may be able to help.
Each back injury compensation claim is unique as each claimant is affected differently by their injuries. Therefore how much compensation you’d get for a back injury will typically depend on general damages to cover the pain and suffering caused by your back injury and special damages to recover any associated costs or expenses.
A settlement could cover:
- The physical impact of your back injury including pain and suffering.
- Any psychological impact caused by depression, anxiety or similar conditions.
- The effect your back injury has on your hobbies or family activities.
- Loss of earnings if your back injury stopped you from working.
- Private medical treatment or physiotherapy for your back injury.
- The cost of a carer even if that was an unpaid loved one who looked after you while you recovered
- Travel expenses.
- Future loss of earnings for long-term back injuries.
- Mobility aids or adaptations to your house to make it easier to cope with a permanent back injury.
You must try to consider all aspects of your suffering before you file your back injury compensation claim. If you work with one of our personal injury solicitors, they’ll review your case in detail to try and make sure you claim the maximum amount of compensation possible.
We will now look at back injury settlement amounts. We’re able to do this by referring to the figures provided by the Judicial College for general damages. These are figures that personal injury solicitors and insurers can use when determining payout amounts.
- Up to £12,510 compensation for minor back injuries.
- £12,510 to £38,780 compensation for moderate back injuries.
- £38,780 to £160,980 compensation for severe back injuries.
Please bear in mind that these figures are not guaranteed.
During a back injury claim, your solicitor will arrange for an independent medical assessment of your injuries. It will be carried out by a medical expert who’ll examine you and talk to you about how your back injury has affected you. A report will be sent to your solicitor afterwards to explain your prognosis.
It’s quite possible to injure your back in almost any type of accident. Some of the most common causes of back injury claims are:
Let us know how your back injury occurred and we’ll review your chances of being compensated for free.
Some of the most common back injuries that lead to compensation claims include:
- Nerve damage.
- Soft tissue injuries (bruising, strains, sprains etc) affecting tendons, muscles and ligaments.
- Fractured discs
- Disc lesions.
- Slipped discs (or herniated discs).
- Paralysis (partial or complete).
- Bruised coccyx.
Back injury claims could be made for these injuries and others besides. If you’d like to find out if you are eligible to claim, please contact us today.
As explained earlier, you can only claim compensation for a back injury if the accident was caused by somebody else’s negligence. Examples of what this means in the real world include where your back injury happened because:
- You slipped in a supermarket because a spillage or leak hadn’t been cleaned up quickly.
- A careless driver caused a car crash and you suffered back pain and whiplash.
- Your employer didn’t train you on safe manual handling techniques.
- Your child hurt their back after falling from damaged equipment in a playground accident.
- You tripped on a pothole or pavement defect that the council had failed to inspect or repair on time.
- You fell down the stairs in a bus accident because the driver pulled away from the stop too quickly.
- A broken chair collapsed when you sat on it.
- Your employer told you to work in confined spaces for prolonged periods.
- Another vehicle struck you from behind in a motorcycle accident.
If you can’t see an example above that matches your back injury claim, don’t worry. Simply call our team, discuss how you were injured and they’ll let you know your options.
In any type of back injury claim, you’ll need to begin the claims process within a 3-year limitation period. This will typically start on:
- The date of an accident in which you injured your back; or
- The date a doctor diagnosed your back injury.
If a child injures their back, a child injury claim can be made by a parent or guardian at any time before their 18th birthday so the time limit will not apply.
To make the back injury claims process easier, we’d suggest that you begin as soon as you can. Waiting too long can make it harder to secure evidence and your solicitor might not have enough time to arrange for medical reports to be obtained.
Although the length of time a claim takes to settle will vary from case to case, straightforward back injury claims where a claimant has already recovered and the defendant has accepted liability can be settled in as little as 6 months or so.
However, if the defendant contests liability or the extent of the injuries suffered, claims can take around a year or more while more investigation is carried out.
The easiest way to find out how the back injury claims process works and whether you’d stand a good chance of being compensated is to call our specially trained advisors on 0800 6525 881 for a free consultation.
During your call, we’ll review your chances of being compensated and provide free legal advice. If your case is taken on by a solicitor from our team, you will only have to pay legal fees if you are compensated because of their No Win No Fee service.
- You don’t pay your solicitor in advance.
- You don’t pay your solicitor if the case fails.
If you’ve got any more questions about back injury claims, please our live chat service to discuss them with a specialist advisor today.