If you suffer an injury to your back, you may wonder if you are entitled to compensation. Taking legal action is one possibility if the injury happens after an accident where the fault lies with a third party who owed you a duty of care.
Such a decision could allow you to receive compensation for your back injury. It doesn’t take away the pain that you’re enduring, but it allows you to receive compensation nonetheless. This guide runs through all of the key points you should be aware of regarding the claims process. As part of this, we go in-depth on an example case study where a victim received £32,000 in compensation for a back injury.
The list below details each core section of the guide. Simply click each heading to move to the section of the greatest relevance to you. In the meantime, we’re always accessible if you want to speak about your back injury situation. You could telephone 0800 408 7826, contact us via our Live Chat or just complete our online form.
Choose A Section
- How Much Compensation For A Back Injury?
- What Is A Back Injury?
- Can I Lose Out Financially From A Back Injury?
- Top 3 Common Back Injury Accidents
- Case Study: £32,000 Compensation For A Back Injury
- Explanation Of A Duty Of Care
- Can A Duty Of Care Be In Breach?
- Compensation For A Back Injury Estimates
- No Win No Fee Back Injury Claims
- Finding A Suitable Personal Injury Solicitor
- Discuss Your Back Injury Case
- Further Back Injury Information
We’re going to explain the factors that influence the potential compensation for a back injury you may receive. They include how severe the injury is and the costs it incurred. We also discuss how a compensation calculator doesn’t necessarily provide the most accurate settlement estimate. And we cover why No Win No Fee agreements can help you secure a solicitor if you do not have the funds.
Personal Injury Claims Time Limit
Most accident victims who makes a claim have a maximum of 3 years in which to do so. However, when this time limit begins depends on individual circumstances. And there are exceptions. This is part of English law, with exceptions for children or those with mental difficulties. In such cases, a third party could be their litigation friend to process their claim for them. Drop us a message if you want further information.
A back injury could take many forms. But because the back is so crucial to the body’s movement, such an injury may have a noticeable impact. And if it were very severe, it could impact your long-term well-being in a negative way.
Now, a back injury could be as simple as a strain, where the muscles surrounding the vertebrae overstretch. Strains could heal up within a few weeks. More significant is a basic fracture of any bones within the spinal column. This is more severe and could mean a recovery time of months with mobility reduced during that period. It could also have an impact on the spine’s appearance and function in the future.
The most serious back injury is major fractures to the vertebrae. In such situations, the time to receive medical attention becomes crucial in allowing the victim to regain movement of limbs. Even with a quick turnaround, though, a significant spine fracture could potentially leave you paralysed. But whether it’s minor or major, a victim could claim compensation for a back injury if those responsible failed to adhere to legislation. Call our helpful team if you want additional advice.
The back injury alone could cause a real impact on the victim’s life. But what about the financial fallout? After all, it could prevent the victim from working for a substantial period. On a severe level, it might be career-ending, especially if their job requires active participation. Then consider potentially high medical costs if the victim is left completely or partially paralysed from their accident. That could also affect their partner if they have to reduce or abandon their own working hours to accommodate the situation. Each of these represents a financial loss. Yet each element could also be a factor towards the potential compensation for their back injury. Message us on our 24/7 Live Chat to gain further insight.
Here we discuss common ways injuries can happen to the back. The first comes in the form of a strain. This occurs when the victim overstretches their back muscles, possibly when reaching for an item that is a fair distance away. The severity often isn’t major, but the pain is noticeable nonetheless. The second is when a victim falls and lands hard on their spine. This could be a simple slip or trip, perhaps on a slippery surface. And the final scenario, on a more serious level, is via a car accident. Here, the impact of a crash could see the victim suffer numerous broken bones in their vertebrae. And that could prevent them from being able to drive again, both physically and psychologically. The situation itself could ultimately dictate the compensation from a back injury that the victim may receive. Contact us if you need to know more.
Mr Lowett, 37, worked as a window cleaner for high-rise office buildings. He had worked on the job for years, so he was fully aware of what safety precautions to take. Nevertheless, health and safety on-site also relied on the equipment being to the highest standard.
Which is why Mr Lowett found himself being seriously hurt when this was compromised. One afternoon, he and his colleagues were working on a student residency apartment block. They were assigned to clean windows up to ten stories high. But Mr Lowett was unaware that there had been some complaints about the harness being used in recent days within the team. Instead of replacing the harnesses, or reducing projects while they were fixed, they were advised to continue using the same equipment, with a view to changing them in the coming weeks.
But this would prove to be too late. For Mr Lowett was shocked to discover that the harness became loose as he was elevating himself to the second storey level. Before his colleagues could assist, he had fallen a good 17 feet down to the ground. Mr Lowett landed hard on a grassy surface surrounded by bushes.
An ambulance was called, and Mr Lowett was taken to hospital, where he was thoroughly examined. However, he had suffered a moderate back fracture which greatly limited movement. Though he was projected to make a near-full recovery, it would take several months. He could also be left with a considerable amount of pain. What’s more, he was highly likely to suffer from osteoarthritis in the future as a result.
Mr Lowett was furious at this series of events. He was frightened about what the consequences would have been had he fallen from a greater height. But even the incident itself had shaken him up greatly. It also reduced his confidence in being able to work in the same manner moving forward, and certainly for the same employer.
Once Mr Lowett learned about the prior complaints regarding the harness, he immediately consulted a personal injury lawyer. They explained he had grounds to claim due to a violation of duty via the Health and Safety at Work etc. Act 1974. Mr Lowett filed a claim and received an out-of-court settlement of £32,000 in compensation. This consisted of general and special damages.
Type Of Special Damages Includes: How Much?
Lost Earnings Costs of lost earnings during rehabilitation £5,000
Transport Costs Costs of public transport requirements during recuperation £100
Nursing Costs Costs of hiring a nurse for home care £500
Note: This situation involving Mr Lowett is an example of what compensation could be received after a back injury.
Central to any compensation claim is the duty of care being breached in a negligent way So, a duty of care covers the responsibility somebody had towards keeping you safe. Whether that be in work, in a public place or on the road, a duty of care should protect people. Crucially, it should prevent the possibility of accidents occurring. Nevertheless, if a duty of care is in some way neglected, the door opens towards somebody suffering an accident. And that could lead to a claim for their injury. We’ll explain shortly about duty breaches, as well as various duties of care that exist. In the meantime, call our friendly team to ask for any advice regarding the duty of care.
A duty of care breach could certainly occur. And when a breach does happen, that’s when an accident could occur. In fact, for the purpose of your claim, you would have to prove that a breach of duty caused an incident. And the result of the accident would be you getting hurt, such as you suffering a back injury. This would be you having evidence to prove the negligence of a third party, hence the duty of care being in breach. It would be about who caused the accident and also about those who failed to maintain your safety.
Employers have a duty of care to protect staff courtesy of the Health and Safety at Work etc. Act 1974. Despite this, a workplace accident could still occur. It’s often unintentional of course, but that doesn’t change that an employer may be liable. A potential example, in this case, could be an employee tripping on a hazardous surface in a stockroom and fracturing a bone in their back upon landing.
Public liability (PL) represents the duty of care towards preventing accidents in public places via the Occupiers’ Liability Act 1957. But consider all of the public places that visitors, tourists and customers use. Any of these locations could serve as the unwilling backdrop for you being injured in a public place. One possibility might be you falling while walking up a spiralling staircase in a hotel due to a faulty handrail, with you hurting your back amidst the fall.
The final situation concerns road traffic accidents (RTAs). There is a clear duty of care for all road users to follow under the Highway Code. And this applies to drivers, cyclists and pedestrians alike. Nevertheless, if you find yourself as the victim of a crash resulting in a back injury, you may be eligible for compensation. And if you end up with multiple injuries, then you could end up filing a multiple injury claim for compensation.
Whichever scenario applies to you, all could signify a breach of a duty of care. And the result could see you claiming for compensation for your back injury, if not other injuries too. Call our knowledgeable team to discuss matters further.
Once you realise what duty of care has been breached, you may begin to think about potential compensation figures. In order to do so, though, you must undergo a medical check by a credible doctor. This diagnosis allows your personal injury lawyer to recognise your injury is legitimate with clear evidence. Furthermore, You will be asked how did the accident change your life in a negative manner? Finally, these points could greatly support your case to receive compensation for your back injury.
At this stage, you could then receive your compensation estimate. Now, we should note that we avoid using an online calculator. Why? Because they generally provide figures that apply to any back injury rather than your own specific case. We, however, prefer to focus on the particular circumstances surrounding your own personal affliction. That way, your compensation estimate is much closer to what you’re likely to receive if your case succeeds.
Calculating Compensation For A Back Injury
We calculate your compensation estimate in two parts: general damages and special damages. Starting with general damages, these focus on the physical and psychological impact, from reduced mobility to pain to mental trauma. As for special damages, here the spotlight is on additional costs which come about as a result of your back injury. This includes medical bills and transport requirements, but also a loss of earnings to further hinder you financially. Having invoices, receipts and bank statements to justify each element comprising special damages would be highly recommended. Find out more about compensation estimates by ringing our expert team at any time.
No Win No Fee agreements mean that you can use a solicitor without paying an upfront fee. What do we mean? Well, your No Win No Fee solicitor only receives payment from you for their specific legal costs if the case wins. This comes as a success fee which has a limit by English law. But if the case loses, then you wouldn’t pay your personal injury solicitor’s own legal costs. Nor would payments be a requirement prior to or during the claims process in any situation. Learn more by speaking with one of our advisors today.
A suitable solicitor should ideally have experience with winning back injury claims in the past. What’s more, there should be clear evidence of positive client reviews, ideally again for back injury cases. Also, look at their credentials to see whether they’re new to the game or they’re industry leaders so to speak. And it might help to research any press coverage they’ve previously received for their work. All of these are amongst the elements that could help to identify the right personal injury solicitor.
Compensation For A Back Injury
Our panel of personal injury solicitors has decades between them of successfully winning back injury claims. They have the knowledge, capabilities, and experience to ensure your claim is filed correctly. So, you could place confidence in them to win your case to receive compensation for your accident. Get in touch at any point to find out more about how they could handle your case.
Now, we want to hear from you. That way, we could begin to assist you with your case for compensation for your back injury. To get in touch, you can telephone 0800 408 7826, use our Live Chat below, or simply complete our online form. Note that we can be reached at any time of the day, and on any day of the week. Also, even if you speak with us about a potential claim, there’s no pressure for you to subsequently pursue it.
What is the average payout in compensation for a back injury?
This is an impossible question to answer as claims have so many varied components. No two claims are ever the same. Circumstances are unique to the claimant.
Does this affect how much I could claim for?
When it comes to a viable claim, it’s important to be realistic. A minor fracture has a much lower ceiling than paralysis, for instance. But the elements that comprise special damages could elevate what you could potentially claim for.
How long could the case take to reach a resolution?
This depends on whether the defendant is willing to accept liability at an early stage. If they do, it could be handled out of court within weeks of filing the claim. But it’s possible that it may take much longer.
When can I get in touch about a potential claim?
As soon as you’re ready! We’re accessible 24/7, so we can begin the conversation with you at any moment.
We appreciate you reading our guide about compensation for a back injury. However, we recognise that you may still wish to have further guidance. Therefore, the links below may prove to be useful for you.
The NHS have a section all about spinal injuries.
They also explain how to treat various spinal injuries.
In addition, you may wish to read The Limitations Act 1980
Check out more of our legal guides below:
- Personal injury claims
- Check to see how much compensation you could claim
- How to claim compensation for a broken arm
- How much compensation can you claim for a broken foot?
- Claim compensation for a crushed ankle injury
- How to claim compensation for a facial scar
- Broken foot compensation claims
- Claim compensation for a foot injury
- How much compensation can you get for a fractured leg?
- How much compensation can you claim for a wrist injury?
- Claim compensation for a broken ankle
- How to claim compensation for a broken leg
- Claim compensation for a fractured jaw
- Broken leg compensation claims
- Broken forearm compensation claims
- Make a claim for a torn Achilles tendon
- Broken thumb compensation claims
- Broken wrist compensation claims
Written by AR
Checked by SA.