In this fractured vertebrae compensation claims guide, we are going to explain when you could pursue a compensation claim. We’ll also look at some common types of accidents that might lead to fractured vertebrae, what criteria need to be met before you can claim compensation, and what amount of compensation fractured vertebrae could be worth.
Dealing with your spinal injury is enough to think about let alone claiming compensation for it. That’s where we could help though. We have a team of specialists who can help you by reviewing your case for free. If it’s strong enough, they could refer it to a personal injury solicitor from our team. Should they offer to represent you, they’ll manage the compensation claims process for you on a No Win No Fee basis.
Please continue reading to find out more about when you could claim for a spinal injury for fractured vertebrae. Alternatively, if you’re ready to start the claims process now, please call our team right away on 0800 6524 881.
Table of contents
- Am I Eligible To Make A Fractured Vertebrae Compensation Claim?
- Common Causes Of Fractured Vertebrae Compensation Claims
- How Much Compensation Will I Get For A Fractured Vertebrae?
- Time Limits For Claiming Fractured Vertebrae Compensation
- Evidence To Support A Fractured Vertebrae Compensation Claim
- Starting The Fractured Vertebrae Compensation Claims Process
Later on in this guide, we’ll look at what types of accidents and incidents could result in fractured vertebrae. Before we do, we’ve provided a checklist to help you understand whether you have grounds to take action. The questions are:
- Did the other party involved owe you a duty of care?
- Were they negligent and did that negligence cause an accident to happen?
- Did you fracture your vertebrae because of that accident?
If your answer to all three questions is ‘yes’, you could be eligible to begin a claim. You needn’t worry too much about proving duty of care if we take your claim on. That’s because your solicitor will know which piece of legislation is relevant. For example, your employer has a duty of care towards keeping you safe at work due to the Health and Safety at Work Act 1974. If you suffered fractured vertebrae in your neck at work and your employer failed in their duty of care to protect you, you could claim compensation from them.
Here are a few examples of common accidents that might mean you need to make a fractured vertebrae compensation claim:
- If you’ve suffered a back injury at work from lifting overly heavy items.
- If you fell and fractured your vertebrae because of a slip on a wet floor where no warning signs had been used.
- Where you are injured as a motorcyclist hit from behind by another vehicle during a road traffic accident.
- If you are the victim of a violent crime.
- Where an item fell from height injuring you whilst working in a warehouse because of damaged shelving.
Essentially, any accident that was caused by somebody else could lead to a fractured vertebra claim so don’t worry if yours isn’t listed above.
The different types of fractures that are possible are compression fractures, axial burst fractures, and chance fractures. Each will pose different problems and cause different symptoms.
- Cervical spine. 7 vertebrae in the neck that are connected to the skull.
- Thoracic spine. The 12 vertebrae in the upper back and chest area.
- Lumbar spine. 5 vertebrae that form the lower back.
- Sacrum and coccyx bones.
Please call today if you’d like to know more about your options.
How much compensation you could get for a fractured vertebrae injury will typically consist of two separate parts (general and special damages). These will cover:
- General damages (pain, suffering and loss of amenity). Here compensation will be based on your injuries and how they’ve affected you. As well as physical injuries, you can claim for psychological harm as well. To help ensure any fractured vertebrae compensation is paid at the right level, an independent medical expert may need to assess your injuries. Our solicitors are usually able to book local appointments for this.
- Special damages (financial losses). It’s important that any costs, monetary losses, or expenses caused by your injuries are recovered. Therefore, you could ask for any care costs, travel expenses, medical costs or lost earnings to be added to your claim.
To find out more about what you could claim for, please speak to us today.
The complexity of fractured vertebrae injuries mean it is very difficult to provide exact compensation figures here. However, for guidance only, we have added a couple of compensation amounts for fractured vertebrae below to show how much might be paid for back injuries according to severity. The settlement amounts for general damages are based upon the Judicial College Guidelines as these are the figures used to calculate personal injury claims.
- £38,780 to £69,730 compensation for fractured vertebrae causing a severe back injury.
- £27,760 to £38,780 compensation for fractured vertebrae causing a moderate back injury.
Also, please bear in mind that as well as claiming for your injuries, your claim will consider any long-term suffering from a catastrophic injury as well. Therefore, the value of any award may be different to what’s listed. If your fractured vertebrae compensation claim is accepted, your solicitor will explain how much you might receive once your injuries have been properly assessed.
So, the next thing to prove is the defendant’s negligence and how serious your spinal/neck injury is. To help prove these things, following any type of accident, you should:
- Get medical treatment. By visiting A&E, your fractured vertebrae should be carefully checked and treated. Later on, your medical records could be used to determine the severity of your injuries.
- Take photographs/video. When claiming compensation for fractured vertebrae, it is a lot easier to explain what happened if you have pictures/video of the accident scene. That’s particularly true if you’re able to capture the scene before anything is removed.
- Request CCTV recordings. If the incident that caused you to fracture a vertebra was caught on CCTV, you have the right to ask the owner for a copy of yourself.
- Note any witnesses. If there was anybody else present, ask them for their contact details. A solicitor may ask them for a statement later on if the defendant denies liability.
- Report the accident. If the incident occurred in a public place, at work, or on business property, let somebody know what happened as soon as possible. Legally, they must record details in an accident report book. You are allowed a copy that will clearly show the dates, times, and location of your accident.
If you carry out as many of these actions as possible, you could increase the chances of winning a fractured vertebrae compensation claim. If you decide to call us, an advisor will review your evidence with you and let you know if you have enough to proceed.
To avoid missing out on any compensation that you might be due for your fractured vertebrae, it’s important to begin the claims process within the allowed time limits. Generally, there is a 3-year limitation period that applies. This begins either from the date of your accident or from when your fractured vertebrae were diagnosed.
However, not all claims are straightforward and so there are some exceptions to these rules where a litigation friend may be required. These are:
- Claimants who don’t have the mental capacity to represent themselves. In this case, a relative, friend, or associate could take action on the claimant’s behalf. The 3-year time limit will begin again if no action has been taken and the claimant recovers mental capacity.
- Claimants under the age of 18. Parents are able to make a claim on their child’s behalf at any time before their 18th birthday. If that doesn’t happen, when the victim turns 18, their own 3-year time limit to claim will begin.
We believe the claims process is easier the earlier you start it. That’s because it will probably be easier to remember everything about the accident. Also, an early start will give your legal team longer to gather the evidence required to support your case.
If you would like to find out if one of our personal solicitors could help you claim compensation for fractured vertebrae, call us today on 0800 6524 881. If your case is accepted, we’ll appoint a specialist to represent you on a No Win No Fee basis.
They will handle all aspects of your claim for you and provide regular updates. Importantly, they’ll shield you from calls from the defendant’s insurers so you won’t have to deal with technical, medical, or legal questions. Throughout the process, they’ll do everything possible to try and secure the highest amount of fractured vertebrae compensation possible for you.