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Everything You Need To Know About Claiming Herniated Disc Compensation
If you’ve suffered a back injury and it wasn’t your fault, we can help you claim herniated disc compensation.
£85 million in compensation
Everything You Need To Know About Claiming Herniated Disc Compensation
If you’ve suffered a back injury and it wasn’t your fault, we can help you claim herniated disc compensation.
Herniated Disc Compensation Claims – How Much Could You Receive?
Good back health is vital to living a pain-free and mobile life. Our spines, in particular, provide the structural support and flexibility we need to enjoy our lives to the fullest, but what happens when you suffer a herniated disc through no fault of your own? If you’re navigating the resulting physical, psychological, and financial fallout, you may be giving some thought to pursuing herniated disc compensation.
Here at JF Law, every client matters, and each case benefits from the tireless dedication of our specialist back injury solicitors. They understand the distressing impact of reduced mobility, so they work diligently to support their clients throughout the claims process. What’s more, they offer this client-focused support on No Win No Fee terms, so you don’t ever have to be concerned about facing mounting service fees.
Our advisors are available 24/7 to answer any pressing questions you may have concerning slipped disc compensation. So, please don’t hesitate to contact us using the information below:
- Phone us on 0151 375 9916
- Contact us online
What Herniated Disc Compensation Could I Get?
You could get herniated disc compensation for both your injuries and any financial losses related to them. The starting point for any payout is general damages, which considers the specific circumstances of your injury, its severity, and how it has affected your quality of life.
When it comes to calculating this part of your herniated disc compensation, your personal injury solicitor will likely refer to the Judicial College Guidelines (JCG). They might do so because the publication contains a comprehensive list of injuries, severities, and suggested compensation brackets.
We have provided a table containing a list of JCG brackets below. However, the first row has not been sourced from the JCG, and please note that this table is for guidance only.
| INJURY | COMPENSATION | NOTES |
|---|---|---|
| Multiple Severe Injuries plus Special Damages | Up to £500,000+ | Special damages might be for loss of earnings and medical expenses. |
| Back Severe (i) | £111,150 to £196,450 | Damage to the spinal cord and nerve roots, with severe pain and incomplete paralysis, amongst other very serious consequences. |
| Severe (ii) | £90,510 to £107,910 | Includes loss of sensation and impaired mobility associated with nerve root damage. |
| Severe (iii) | £47,320 to £85,100 | Covers fractures of discs or vertebral bodies, causing chronic conditions and ongoing severe pain. |
| Moderate (i) | £33,880 to £47,320 | Bracket includes crush/compression lumbar vertebrae fractures where there is a substantial risk of osteoarthritis. |
| Moderate (ii) | £15,260 to £33,880 | Cases feature muscle and ligament disturbances leading to backache. |
| Minor (i) | £9,630 to £15,260 | A full recovery or a recovery to nuisance level takes place without surgery within about 2 to 5 years. |
| Minor (ii) | £5,310 to £9,630 | Full recovery without surgery within about 1 to 2 years. |
| Minor (iii) | £2,990 to £5,310 | Recovery time will be around 3 months to a year. |
| Minor (iv) | Up to £2,990 | Where a full recovery is made within 3 months. |
Our advisors are here 24/7, so please reach out for a more personalised discussion on herniated disc compensation payouts.
Can Herniated Disc Claims Compensate For Special Damages?
Yes, herniated disc claims can compensate for special damages if an injury has led to financial losses. These losses might include:
- Lost income, including future earnings
- Home modifications, such as grab rails to help manage stability or posture issues
- The cost of childcare or professional assistance with day-to-day tasks
- Medical bills, such as physiotherapy, steroid injections, and occupational therapy
- Expenses incurred while travelling to medical appointments
The important thing to bear in mind is that in order to claim for special damages, you will need to provide proof of financial losses. This can include payslips, invoices, and receipts, all of which one of our solicitors can help you obtain.
Speak to our team to see if you’re eligible to make the first step towards pursuing herniated disc compensation.
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Can I Make A Slipped Disc Compensation Claim?
Yes, you can make a slipped disc compensation claim if you can prove that another’s negligent actions caused your injury. To have a valid claim, you need to show that negligence occurred by meeting the following criteria:
- You were owed a duty of care
- A third party breached this duty of care
- The breach directly caused your injury, in this case, a herniated disc
You are owed a duty of care that varies depending on where the herniated disc occurred; however, the principle of taking certain actions to protect your safety will always be the same. We’ve outlined how this duty might apply in various situations below.
Accident At Work
Your employer has a duty of care established by the Health and Safety at Work etc. Act 1974. This act obligates them to take reasonable steps to ensure your safety, well-being, and health, for example, by ensuring workers are not supplied with defective equipment. If they fail to do so, they may breach their duty of care towards you:
- An employer fails to provide a new worker with training on safe manual handling. The employee subsequently slips a disc when they lift a heavy box incorrectly.
Accidents In Public
When you are in a public place, you are owed a duty of care by the occupier of the area. As the party in control of public spaces, occupiers are required to take practical steps to ensure people are kept reasonably safe as visitors. This duty is set by the Occupiers’ Liability Act 1957 and could be breached in a situation like the following:
- Staff at a train station leave a large spillage near the gates unattended and take no steps to mark it with warning signs. A passenger resultingly slips and lands on their back, suffering fractures and a herniated disc.
Road Traffic Accidents
Every road user has a responsibility to travel in a safe manner and, therefore, avoid causing harm to one another. This duty of care also requires them to adhere to the Road Traffic Act 1988 and the Highway Code. Breaches can occur for many reasons, including:
- A driver speeds through a 20mph zone along a busy road. They subsequently lose control as they approach a zebra crossing, leaving a pedestrian with permanent paralysis alongside their herniated disc.
In all these cases, you would generally have 3 years from your accident in which to start claiming herniated disc compensation. However, this limitation period does vary, which our advisors would be happy to explain in detail.
What If A Hernia Was Caused By Medical Negligence?
If your hernia was caused by medical negligence, you may be eligible to pursue compensation if substandard care directly led to your unnecessary suffering. Similar to the earlier eligibility criteria, there are specific requirements you will need to meet when it comes to medical negligence:
- A medical professional owed you a duty of care
- They breached this duty in some capacity
- You suffered harm that was otherwise avoidable
To be clear, all medical professionals and facilities have a responsibility to provide their patients with a standard of care that meets minimum expectations. This is the duty of care they owe you as their patient.
As an illustration, if an orthopaedic specialist misreads your scan results, they may have breached their duty of care towards you. In turn, this may delay a diagnosis or result in the wrong treatment being administered, causing you unnecessary harm and potentially forming the basis for a valid claim.
We should clarify, however, that not every instance of harm is caused by substandard orthopaedic care. Sometimes patients will experience harm that is simply unavoidable, and the orthopaedic specialist in question would have provided the correct standard of medical care.
For a more personalised picture of what medical negligence can look like, please speak with one of our friendly advisors today.
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We pride ourselves on providing the best service possible for our clients.
What Are The Different Types Of Herniated Discs?
The severity of disc material displacement categorises the different types of herniated discs. Have a look at the distinctions below:
- Protrusion: This occurs when the inner gel cushioning your vertebrae presses against the outer wall, but the annulus remains intact.
- Extrusion: The inner gel goes through the annular fibres but remains connected to the parent disc.
- Sequestration: A free fragment of the disc material breaks off and is no longer connected to the parent disc.
If you have suffered one of the above types of herniated disc and it wasn’t your fault, please don’t hesitate to contact us regarding your options for claiming.
How Can I Prove Someone Else Was Responsible For My Slipped Disc Injury?
To prove that someone else was responsible for your slipped disc injury, you need evidence that shows how it resulted from a third party’s negligent actions. Our specialist back injury solicitors have helped clients nationwide to gather supportive evidence for their herniated disc compensation claims. For your case, that might include the following:
- Copies of your medical records that clearly articulate your injury and its severity
- Contact details of witnesses who can support your version of events with a statement to your solicitor
- For road traffic accidents, you’ll need the contact details of the other involved parties. You’ll also need their insurance, vehicle registration, and model/make
- Any police or accident reports
- Photographs or videos of your injuries and the accident site
- CCTV or dashcam footage of the accident
This may seem like a lot to consider, but you won’t have to navigate this process alone. Contact us today to see how one of our solicitors can support you.
No Win No Fee Herniated And Slipped Disc Claims With JF Law
Our advisors work 24/7 to help people get started with their No Win No Fee herniated and slipped disc claims with JF Law. If you speak with one of our expert advisors today, they can assess your eligibility for pursuing herniated disc compensation at no cost. That might lead to them connecting you with one of our specialist back injury solicitors.
All of our solicitors operate on a No Win No Fee basis via the terms of a Conditional Fee Agreement (CFA). This agreement comes with several important benefits, not the least of which is protecting clients from paying for solicitor service fees if a slipped disc injury claim fails or whilst it is ongoing. You also won’t be caught off guard by any upfront solicitors’ fees.
If the claim wins, the solicitor will deduct a success fee from your compensation. However, you’ll keep the largest share as it is a legally capped percentage, as clearly stated in The Conditional Fee Agreements Order 2013. Here at JF Law, we firmly believe in transparency and fairness, which is why your solicitor will take the time to explain the CFA before you get started.
To help you feel as supported as possible, we provide our clients with a high-quality service that puts them in control throughout the claims process. That means your solicitor will:
- Give you expert legal guidance regarding both compensation and the herniated disc compensation claims process
- Draft legal documents on your behalf and make sure they are filed correctly
- Coordinate access to a personalised care plan that accounts for your immediate and long-term needs
- Handle your representation with professionalism and full consideration of your experiences
- Expertly consolidate evidence to make your back injury claim as strong as possible
The important thing to note is that this list is not exhaustive. Your solicitor will ensure that they provide you with a full service tailored to your unique circumstances and the specifics of your case.
Get In Touch With Our Solicitors
Speak to us for free and see if you can be put in touch with our solicitor today using the contact information below:
- Phone us on 0151 375 9916
- Contact us online
Learn More
To learn more about making a personal injury claim, please see our other guides:
- Have a read of our guide on neck injury claims.
- Learn all about spine injury claims.
- Take a deeper dive into the benefits of claiming on No Win No Fee terms.
Have a browse of some additional external resources:
- Request CCTV footage of yourself from GOV.UK.
- Read up on easing back pain from the NHS.
- Learn more about claiming Statutory Sick Pay for any time taken off work during your recovery.
Thank you for taking the time to read our guide on herniated disc compensation, and please feel free to reach out for further advice.
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