A Guide To Making A Back Injury Claim
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If you’ve been injured in an accident that occurred because someone who had a duty of care towards you breached this duty, you may be able to claim compensation for your suffering.
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A Guide To Making A Back Injury Claim
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Learn more about making a back injury claim with this useful guide.
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A back injury can range in severity from minor soft tissue damage to severe paralysis. If you have suffered an injured back as a result of a negligent third party, such as an employer, road user, or occupier, you could be eligible to make a back injury claim. As you move through this guide, you will find information on how to make a personal injury claim after a back injury at work, on the roads or in a public place accident.
Additionally, we discuss the duty of care owed to you in different scenarios and how this could be breached leading to a back injury. Not all back injuries are entirely the fault of another party though. In some cases, you could be partially responsible for your injury. You could still claim compensation though. You can find out more about this later in our guide.
We also discuss the importance of a medical assessment and how it can strengthen your claim. Also, you can find out how compensation for a back injury is calculated.
Our final section looks at the benefits of instructing a solicitor to help under No Win No Fee terms, such as no upfront or ongoing fees.
If you have any other questions about claiming for back injuries or spinal injuries, contact our team using the details provided below:
- Call free on 0333 091 8598 to discuss your case.
- Contact us online for instant help.
- Ask a question through the live discussion portal.
Can You Make A Back Injury Claim?
You might be eligible to claim for a back injury that was caused by a negligent third party, such as an employer, occupier, or road user. They each owe a duty of care with regard to your health and safety under different laws. For example:
- Employers owe a duty of care to employers to take reasonable and practicable steps to prevent them suffering harm, such as a back injury, while they work. – This is set out in the Health and Safety at Work etc. Act 1974 (HASAWA).
- Occupiers of a public space owe a duty of care to members of the public. They must ensure their reasonable safety when using a space for its intended purpose as per The Occupiers’ Liability Act 1957.
- Road users must navigate the roads in a way that prevents harm to themselves and others. To uphold this duty, they need to adhere to The Road Traffic Act 1988 and the Highway Code.
A failure to meet this duty of care, leading to an injury being suffered could mean you’re eligible to make a back injury claim. Get in touch with our team of advisors for more information using the button below.
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How Can Back Injuries Be Caused?
There are a variety of ways that a back injury can be caused by a negligent party. For example:
- A spillage in a supermarket is left unattended despite reports being made by several customers. As a result, a shopper slips and falls and shatters their coccyx.
- No training is given to an employee to work from a height on a construction site. This results in a worker falling and suffering life-altering paralysis.
- A drunk driver collides with another motorist at a junction and suffers spinal damage.
The precise circumstances of your back injury claim may differ. So for expert guidance on your specific case, please contact the team for free help. They can assess the potential of your back injury claim in one phone call.
What Are Common Types Of Back Injuries You Can Claim For?
There are many back injuries that you could be eligible to claim for if they’ve been caused by a negligent party. For example:
- Numbness and loss of sensation (nerve damage).
- Ligament tears.
- Sprains, strains and bruising.
- Bruised coccyx.
- Fractured vertebral discs.
- Disc lesions and herniated or ‘slipped’ discs.
- Osteoarthritis damage and soft tissue lacerations.
- Partial or complete paralysis.
Compensation can be awarded in successful back injury claims to address the physical and psychological pain and suffering you have experienced as well as any financial costs incurred.
Can You Claim For Spinal Injuries That Were Partly Your Fault?
It may still be possible to make a back injury claim if you were partly at fault for the injury or accident, as long as another party was at least partially at fault as well. If you were partly responsible for the injury, this is contributory negligence. If you were partly responsible for the accident, this is split liability.
However, any compensation awarded will be reduced according to how at fault or liable you were for the injury you suffered or the accident that caused you harm.
Will I Need A Medical Assessment During A Personal Injury Claim?
You might be required to attend an independent medical assessment as part of the personal injury claims process. This can produce a report that provides information on:
- The full extent of your injury
- How long it will take for you to recover
- Confirm that the injury you suffered is conducive with the accident in which you were caused harm
Additionally, the report can be used when valuing how much compensation you could be owed for your back injuries or spinal injuries.
If you choose to instruct a solicitor from our panel, they can arrange this assessment for you as part of the helpful services they provide to claimants.
How Much Compensation For A Back Injury?
Two heads of loss can make up a compensation settlement in successful back injury claims. General damages compensate for the pain and suffering your back injury caused and how it affected your quality of life, such as:
- Loss of mobility.
- Severe pain.
- The need for invasive surgical treatments.
- Having to undergo physiotherapy.
Special damages compensate for the financial costs your back injury caused you to incur, such as:
- Lost income
- Travel costs
- Care costs
- Medical expenses
The medical report and the Judicial College Guidelines (JCG) can be used to help value your general damages compensation. The figures in the JCG correspond to different types of injuries.
Compensation Calculator
Use our calculator to get an estimate of how much your injuries are worth. The calculator takes figures from the JCG but these are only guidelines.
Compensation Bracket: 0.00
How To Prove A Back Injury Claim
You can gather evidence to prove a breach of duty caused you to suffer an injury. For example:
- CCTV and security camera footage.
- A copy of any on-site accident book entry.
- Witness contact details
- Photos of your visible injuries and the hazards that caused them.
- Medical evidence such as X-rays, scans and proof of any prescription medications needed.
- Proof of costs or expenses incurred such as receipts, bank statements and any invoices related to your injuries.
Is There A Time Limit When Claiming For Back Injuries?
There is a standard 3-year time limit in which personal injury claims must be made as per the Limitation Act 1980. This usually begins from the date of the accident and injury itself. There can be variations to this standard time frame. For example:
- Under 18’s have the time limit paused until their 18th birthday.
- Those with a reduced mental capacity have an indefinite pause placed on the time limit. It begins again from the date of recovery, should they regain the mental capacity to pursue legal action.
A litigation friend can be appointed by the courts to act on a claimant’s behalf while the time limit is paused in these circumstances.
How Long Does A Back Injury Claim Take?
There is no exact time scale for how long a personal injury claim takes. Certain factors can influence how quickly it settles. For example:
- How complex the case is.
- Whether you require further treatment for your back injuries.
- The expected length of recovery.
- Whether liability has been admitted or not.
Contact our advisors to find out how long you have to start a claim and how long it could take for a case to settle once legal proceedings have been initiated.
How Can A Solicitor Help You Claim Compensation For Back Injuries?
Using their decades of experience, the personal injury solicitors on our panel can guide eligible claimants through each stage of the claims process with confidence. Collecting evidence and negotiating the best possible settlement for you are just two examples of this.
Our advisors could connect you with a solicitor from our panel if they determine your claim to be valid. They can offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA). A CFA typically extends the following benefits to claimants:
- No fees for the solicitor’s work upfront, as the claim proceeds, or if the claim fails
- A claim with a positive outcome requires a success fee to be paid. However, this is a small percentage of the compensation and is subject to a legislative cap. This cap always ensures that the bulk of the compensation goes directly to you.
For further information on working with a specialist No Win No Fee solicitor from our panel, please get in touch using the details below:
- Call free on 0333 091 8598
- Contact us online for immediate help.
- Ask a question through the live discussion portal.
Learn More About Making A Personal Injury Claim
You may find these other resources useful:
- Here we look at road traffic accident claims.
- This guide explores slip trip and fall claims in more depth.
- A guide discussing accident at work claims and how to claim compensation.
External help:
- Some advice about back injuries from the NHS.
- Details on what to do after a slip or trip accident at work from the Health and Safety Executive (HSE).
- Guidance on claiming statutory sick pay (SSP) from Gov.UK.
Thank you for taking the time to read this guide about making a back injury claim. Our advisors are standing by and ready to offer more free information and guidance on any aspect of the personal injury claims process.
Back Injury Claims FAQs
Below we’ll answer common questions regarding back injury
Can You Claim For Spinal Injuries That Were Partly Your Fault?
It may still be possible to make a back injury claim if you were partly at fault for the injury or accident, as long as another party was at least partially at fault as well. If you were partly responsible for the injury, this is contributory negligence. If you were partly responsible for the accident, this is split liability.
However, any compensation awarded will be reduced according to how at fault or liable you were for the injury you suffered or the accident that caused you harm.
Will I Need A Medical Assessment During A Personal Injury Claim?
You might be required to attend an independent medical assessment as part of the personal injury claims process. This can produce a report that provides information on:
The full extent of your injury
How long it will take for you to recover
Confirm that the injury you suffered is conducive with the accident in which you were caused harm
Additionally, the report can be used when valuing how much compensation you could be owed for your back injuries or spinal injuries.
If you choose to instruct a solicitor from our panel, they can arrange this assessment for you as part of the helpful services they provide to claimants.
