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Advice On Back Injury Claims

Learn who could be eligible to make back injury claims after an accident that wasn’t their fault.

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£85 million in compensation

Won for our clients by JF Law Solicitors

Advice On Back Injury Claims

Learn who could be eligible to make back injury claims after an accident that wasn’t their fault.

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four and a half stars TrustPilot score
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Back Injury Claims – A Complete Guide

Back injuries can be extremely painful and can really impact your day-to-day life. In this guide, we explore who could make back injury claims after an accident that wasn’t their fault.

We go through the back injury claims eligibility criteria, with some examples of how negligence could potentially occur in different places. Additionally, we also discuss how back injury compensation is calculated. 

Furthermore, we discuss what steps are involved in making a back injury claim, and how you could potentially benefit from working with one of our No Win No Fee solicitors. 

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Who Is Eligible To Make Back Injury Claims?

You may be eligible to make a back injury claim if you can show that you’ve suffered negligence. Negligence is when you’ve suffered an injury due to a breached duty of care. 

You are owed a duty of care in different places:

  • At work, as per the Health and Safety at Work etc. Act 1974. Your employer owes you a duty of care when you’re working; this means they have a responsibility to take reasonable steps to ensure your workplace safety. 
  • In public spaces, as per the Occupiers’ Liability Act 1957. Occupiers (those in charge) of a public space owe you a duty of care when you’re visiting their space; this means they have a responsibility to take steps to ensure your reasonable safety when you’re on their premises. 
  • On the road. All road users owe one another a duty of care; this means that all road users have a responsibility to follow the regulations in The Highway Code and the Road Traffic Act 1988 to ensure that everyone on the road is safe. 

 

As such, the back injury claims eligibility criteria are as follows:

  1. At the time of your accident, you were owed a duty of care by either your employer, an occupier, or a road user. 
  2. The party in question breached their duty of care by not adhering to safety legislation. 
  3. You suffered a back injury as a result of this. 

 

So, whether you’ve been in an accident at work, a public place accident, or a road traffic accident, please contact us if you believe you match the above criteria. Our advisors can confirm your back injury claim eligibility. 

How Much Back Injury Compensation Can I Get?

If you have a successful back injury claim, there are two heads of loss that could determine how much compensation you could potentially receive. These heads of claims are known as general and special damages. 

General damages covers compensation for the physical and psychological effects of your back injury. Some factors that are considered under this head of claim include:

  • The severity of the pain. 
  • What the prognosis is like. 
  • What treatments are needed.

You could be asked to attend an independent medical assessment at some point throughout the back injury claims process. The reports from this assessment can be used alongside the compensation guidelines from the Judicial College (JCG) by legal professionals as they calculate your general damages. 

The JCG is a document that lists guideline compensation figures for varying injuries and illnesses. 

How Your Compensation Payout Is Calculated

In the table below, you will find different types of back injuries from the JCG. All of these guideline compensation figures, except for the top one, have also been taken from the JCG. 

However, please remember that because all back injury claims are unique, none of these figures can be guaranteed for your specific case. 

InjurySeverityGuideline compensationNotes
Multiple serious injuries with special damagesSeriousUp to £1,000,000+Compensation for suffering multiple serious injuries with financial losses such as care costs and medical bills.
ParalysisTetraplegia (a)£396,140 to £493,000Paralysis of the upper and lower body.
Paraplegia (b)£267,340 to £346,890Paralysis of the lower body.
BackSevere (a)(i)£111,150 to £196,450Incomplete paralysis plus significantly impaired bladder and bowel function.
Severe (a)(ii)£90,510 to £107,910Nerve root damage plus associated impaired mobility.
Severe (a)(iii)£47,320 to £85,100Disc fractures or soft-tissue injuries where there is still pain and disability despite surgery.
Moderate (b)(i)£33,880 to £47,320Any residual disability will be less than the above bracket. For example, traumatic spondylolisthesis where there is continuing pain and where spinal fusion might be needed.
Moderate (b)(ii)£15,260 to £33,880Disturbance to ligaments that cause back ache.
Minor (c)(i)£9,630 to £15,260Where the injury takes 2-5 years to recover without surgery.

Special Damages And How They Affect Your Claim

Special damages covers compensation for the financial effects of your back injury. Here are some examples of the types of financial losses you could be reimbursed for under this head of claim:

  • Loss of earnings. 
  • Domestic and professional care costs. 
  • Medical expenses, such as the cost of prescriptions and physiotherapy.
  • Travel expenses to medical appointments.
  • The cost of home and vehicle adjustments.

Receiving special damages can be extremely valuable in terms of how much compensation you could potentially receive. This is because special damages can restore your financial position to what it was pre-accident. Also, if your back injury is serious, it is likely that you have more long-term financial impacts. 

But, unlike general damages, special damages are not always awarded in successful claims. For this reason, it’s vital that you have evidence of your financial losses. So, keep all payslips, receipts, invoices, and bank statements to support you.

For more information on how successful back injury claims are calculated, please contact us today.

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Causes Of Back Injuries That Lead To Claims

There are numerous potential causes of back injuries that can lead to an eligible compensation claim. Below, we discuss some examples. 

However, the below examples are not limited. So, please don’t worry if you don’t find your circumstances here. It’s best to speak directly with an advisor about how your accident happened to determine whether you’re eligible to make a back injury claim.

Accidents At Work

  • While working on a construction site, your employer gave you a broken ladder to use that they knew was faulty. From this, you fell from a height and suffered severe spinal cord damage.
  • Your employer asked you to lift a heavy delivery box, but they never gave you any manual handling training. Due to this, you use an unsafe lifting technique and suffer a back injury. 
  • In a warehouse, your employer instructs a fellow employee to use a forklift truck, but your employer has never given them any training on how to operate that vehicle. Due to the lack of training, the employee crashes into you, leading to multiple spinal injuries. 

Road Traffic Accidents

  • While you’re driving on a roundabout, a drunk driver flies onto the roundabout without waiting at the junction. This leads to a T-bone collision with your vehicle, and you suffer a fractured back as a result. 
  • You are a pedestrian walking across a zebra crossing. A driver approaching the crossing is on their mobile phone at the wheel, and therefore isn’t paying attention. They fail to notice you and run you over, leaving you paralysed. 
  • You’re on your bicycle waiting at some red traffic lights. However, the driver behind you is exceeding the speed limit approaching the red lights, and doesn’t brake in time. From the rear-end collision, you fall and break your back. 

Accidents In Public

  • The local council has failed to repair a broken paving slab that they have received numerous reports about. You trip and fall over this uneven paving slab, leading to spinal injuries. 
  • There is a spillage in a supermarket aisle. However, the occupier hasn’t displayed any wet floor signs. You sprain your back as you slip and fall on the spillage. 
  • The occupier of a library has placed heavy objects on a shelf they know is broken. As you’re walking under the shelf, it collapses and the heavy objects land on you, which leads to multiple serious injuries, including spinal injuries.

 

Contact our advisors today to discuss your particular case and any questions you may have about the back injury claims process.

Types Of Back Injuries You Can Claim For

You can claim compensation for any type of back injury you have suffered as a result of a breached duty of care. 

Some common types of back injuries include:

  • Sprains and strains. 
  • Herniated discs. 
  • Fractured vertebrae.
  • Incomplete paralysis. 
  • Soft-tissue injuries.

 

If you have suffered any of the above injuries, or any other type of back injury, from either an accident at work, a public place accident, or a road traffic accident, please get in touch with us today to see whether you may have a valid claim.

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How To Make Back Injury Claims

Before making a back injury claim, you should:

  • Seek medical attention. This can help highlight the full extent of your injury, therefore making your potential compensation more accurate. 
  • Acquire evidence that can show how negligence has occurred. Continue scrolling to find out what types of evidence are best to collect. 

 

Once you have done this, you can then contact us to see whether you can connect with one of our back injury claims solicitors. They can help guide you through the claiming process using their years of knowledge and expertise, including the steps set out below.

Gather The Evidence You’ll Need To Claim

All back injury claims need to be supported with evidence. Examples of evidence you could collect include:

  • CCTV or dashcam footage of the accident. 
  • Pictures of the accident scene. For example, if you suffered a back injury at work because you fell from a broken ladder, take pictures of where the ladder is broken.
  • Contact details from any witnesses. They can be asked for a statement at some point throughout the claims process. 
  • Copies of your medical notes and records regarding your back injury. 
  • A personal symptoms and treatment diary. 
  • A copy of the incident report from the accident log book, if you were in an accident at work. 

 

Don’t worry if you can’t collect all of your evidence by yourself. If you connect with one of our solicitors, they will be able to collect your evidence for you as a part of their services.

Time Limits For Starting Your Claim

Under the Limitation Act 1980, there’s usually a 3-year time limit for personal injury claims. This time limit commences from the date of the accident. 

However, if the claimant is:

  • 17 or younger. 
  • Lacking full mental capacity. 

 

Then the 3-year time limit will be paused until the claimant either:

  • Turns 18 (meaning they’ll have until their 21st birthday to make a claim).
  • Recovers full mental capacity (meaning the time limit will commence from the date of their mental recovery). 

 

In the period where the time limit is paused, it’s possible for a litigation friend to step in and make a claim on the claimant’s behalf. 

How Long It Takes To Get Back Injury Compensation

We cannot give you an exact time for how long it could take to get back injury compensation. This is because there are many factors that can determine how long the claims process can take, such as:

  • The severity of the injury. The more severe the injury, the longer the claims process will take.
  • Whether the defendant admits liability for the accident straight away or not. 
  • How long it takes to gather evidence. 
  • Whether the case goes to court or not. 

 

To potentially get the back injury claims process started as soon as possible, please contact us today. 

How JF Law Can Help You Claim

If you have an eligible back injury claim, our advisors will be able to connect you with one of our specialist solicitors. Here are some of the services that our solicitors provide in order to help their clients claim compensation:

  • Ensure the compensation is fair and accurate. 
  • Gather all evidence.
  • Communicate with the defendant on the client’s behalf. 
  • Explain any complex legal jargon. 
  • Send regular updates. 
  • Ensure time limits are adhered to. 

 

Additionally, the above services are provided on a No Win No Fee basis, specifically through a Conditional Fee Agreement (CFA). 

When a solicitor works on your case through a CFA, you don’t pay anything at all for your solicitor’s services:

  • Before the claims process starts. 
  • Throughout the duration of the claims process. 
  • If the claim is unsuccessful. 

 

If your claim is successful, rather than paying your solicitor directly from your pocket, they will just keep a small percentage of your compensation. This percentage is called the success fee, and is capped by the law. 

Contact Us Today

If you have any questions about the back injury claims process or would like to know whether one of our No Win No Fee solicitors could help you, please contact our advisors:

A back injury claim solicitor shaking hands with a client at their desk.

More Information

Browse a few more of our personal injury claims guides here:

 

Browse a few other relevant pages here:

 

Thank you for reading our guide on back injury claims.

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