Serious Back Injury Claim – How To Get Compensation

This guide will explore when you could make a serious back injury claim following an accident. There are certain criteria that need to be met in order for a personal injury claim to be valid. You can find information on these as you move through our helpful guide.

Additionally, we will explore the duty of care that certain third parties owe to ensure your safety, including employers, road users and occupiers, as well as examples of accidents that could lead to a back injury if this is breached. 

We will also provide examples of the types of back injury that can be sustained, alongside the possible compensation you could be awarded for the impact of your injury following a successful claim.

At the end of this guide is a breakdown of the benefits of making a serious injury claim with one of our solicitors, who can offer you a specific type of No Win No Fee contract that allows you access to their services without needing to pay upfront or as the claim progresses. 

You can reach out to our team if you would like more information on how to make a claim. To do so, you can:

• Call our advisors on 0800 073 8804
• Use our online “contact us” form
• Use the live chat feature at the bottom of this page

Select A Section

1. Check If You Are Eligible To Make A Serious Back Injury Claim
2. Types Of Serious Back Injuries You Could Claim For
3. Proving The Cause Of Your Back Injury
4. Examples Of Serious Back Injury Claim Payouts
5. How No Win No Fee Solicitors Could Help You Claim For A Serious Back Injury
6. Resources

Check If You Are Eligible To Make A Serious Back Injury Claim

This guide looks at when you could make a serious back injury claim following a road traffic accident, an accident at work or in a public place. We will cover these scenarios in more detail in the next section. Firstly, it is important to understand the eligibility criteria that need to be met in order to make a personal injury claim. To have valid grounds to seek compensation, you need to show:

1. You were owed a duty of care by a third party at the time of the accident.
2. This third party breached the duty of care they owed to you.
3. Their breach of this duty caused you to be injured.

The three points above lay the foundation of negligence in personal injury claims, which if proven means you could seek compensation.

Time Period To Make A Serious Back Injury Claim

In addition to meeting the requirements listed above, you need to ensure you start your claim within the relevant time limit. In most cases, the time limit for personal injury claims is 3 years from the date of the accident, as per the Limitation Act 1980. Exceptions can apply in certain circumstances, such as:

• For injured persons under 18: The 3-year limit is frozen until their 18th birthday. They will then have until they turn 21 to claim.
• For injured persons with a reduced mental capacity: The time limit is frozen indefinitely. If they recover their mental capacity, the 3 years starts from the date of recovery.

In both of these scenarios, while the limitation period is suspended, a suitable adult can apply to act as their litigation friend and start the claims process sooner. 

For further guidance on the eligibility criteria and time limits for starting legal proceedings, please contact an advisor on the number above.

Types Of Serious Back Injuries You Could Claim For

You could potentially start a serious back injury claim following several different types of accidents, such as accidents on the road, an accident at work or an accident in a public place. However, as mentioned, you need to show that the duty of care a third party owed you was breached, and this caused you harm.

Below we have outlined the various laws that set out the duty of care owed in a few different scenarios and provided illustrative examples of how accidents resulting in serious back injuries can occur in each setting if the duty of care is breached.

Road Traffic Accident Spinal Injuries 

Road users owe one another a duty of care to each other when navigating the roads to do everything they reasonably can to prevent the experience of harm or damage. This means they must adhere to the rules set out in the Road Traffic Act 1988 and The Highway Code. 

If there is a failure on the part of a road user to upheld this duty, it could result in a road traffic accident in which you sustain a back injury. For example:

• A driver fails to check it is safe to pull out at a junction. As a result, they collide with your vehicle and you sustain a serious spinal fracture in a car accident.

Back Injuries In The Workplace

Employers owe a duty of care to their employees. They must take reasonable steps to ensure the safety of their employers while they are at work, and during their workplace activities, as per Health and Safety at Work etc. Act 1974. This includes but is not limited to carrying out regular maintenance on work equipment and machinery, providing relevant and adequate training, and, if necessary, providing employers with the correct and necessary personal protective equipment (PPE) free of charge.  

If your employer fails to do so, it could lead to you experiencing harm in a workplace accident. For example:

• Other workers were using a crane to move heavy objects but had received no health and safety training on how to use the machinery safely. This results in the workers overloading the crane, causing a mechanical failure and leading to a heavy object landing on you, shattering several of the lumbar vertebrae in your spine.

Accidents In A Public Place 

Public places can include public parks and gardens, shops and restaurants. The party in control of the public place owes a duty of care to all visitors, ensuring they take steps to ensure their reasonable safety, as set out by the Occupiers’ Liability Act 1957.

A failure to do so could result in a public place accident causing you to sustain an injury to your back. For example:

• You were walking through a public garden. You step onto a broken kerb, trip, and badly damage the bones in your lower back. The local council had been informed of the hazard this presented but had not taken any action to repair the damage in a reasonable time frame.

To discuss your specific case and find out whether you’re eligible to make a serious back injury claim, call our team on the number above.

Proving The Cause Of Your Back Injury

When making a serious back injury claim following an accident, you will need to provide evidence to demonstrate the fault of the third party. Evidence can also show that a breach of their duty caused your injuries. We have provided a list of the possible evidence you could gather. It’s important to note that not all of these types of evidence will be relevant to your particular claim.

• Copies of your medical records. This can include hospital reports, treatment plans, diagnosis letter, and other test results.
• A diary of your treatment and symptoms.
• Reports in the workplace accident book.
• Copies of risk assessment reports. This could show risk assessments were carried out incorrectly or omitted entirely.
• Training records. For example, documents that show you received inadequate training at work or no training at all.
• CCTV or dashcam footage if available.
• Contact details of any potential witnesses. 

One of our experienced personal injury solicitors could assist you in gathering evidence and building your case. If you would like to find out whether you’re eligible to have them start working on your serious injury claim, call an advisor on the number above.

Examples Of Serious Back Injury Claim Payouts

If your serious back injury claim is successful, you will be awarded a personal injury compensation payout. This can be made up of two different heads of claim. The compensation for the physical pain and suffering of your injuries, as well as the psychological harm you suffered, will be awarded under general damages.

In order to calculate the value of general damages in your claim, a solicitor can use your medical evidence in conjunction with the Judicial College Guidelines (JCG). This is a publication containing guideline award brackets for multiple types of injuries, a number of which have been used to create the compensation table below. However, as personal injury claims are assessed individually, the amounts in this table are not guaranteed payouts. 

Compensation Table

Special Damages

Special damages, the other head of claim that can make up your payout, can be awarded for any financial losses you incur as a result of your injuries. Some possible costs that you could potentially be reimbursed for are as follows:

• Medical costs: This could include any prescriptions you have had to pay for.
• Domestic care: You could claim for the cost of in-home support if your injuries mean you can no longer carry out domestic duties such as cleaning or cooking.
• Transport costs: If your injuries affect your ability to drive, you could claim for the cost of public transport.
• Loss of earnings: You could potentially claim back your lost pay if you cannot work during your recovery. Also, if your ability to work is permanently affected, you could claim for the future pay you have lost by being rendered unable to work.
• Damage to personal property: For example, if your walking stick, glasses or hearing aids were damaged in the accident in which you were injured, you could claim for the cost of any replacements. 

You should retain copies of any bills, receipts, invoices or other documentation as evidence of your monetary losses. 

For further guidance on the personal injury compensation payout you could receive following a successful claim, please contact an advisor on the number above. They could offer a free valuation of your potential settlement.

How No Win No Fee Solicitors Could Help You Claim For A Serious Back Injury

After assessing your claim and deciding you have valid grounds to begin legal action, our team of advisors could connect you with one of our personal injury solicitors. They could offer assistance with the following:

• Gathering evidence
• Putting forward a claim in the relevant time limit
• Explaining complex legal jargon
• Valuing your claim

They could offer you a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA) so you can access these services without paying any fees upfront or as your claim moves forward. There will also be no fees to pay if your claim does not succeed.

Upon the success of your claim, you will receive a compensation settlement. The solicitor will then deduct a legally capped percentage of your compensation as their success fee.

You can reach out to our team if you would like more information on how to make a serious back injury claim. To do so, you can:

• Call our advisors on 0800 073 8804
• Use our online “contact us” form
• Use the live chat feature at the bottom of this page

Resources

See more of our guides:

• Learn when you could claim paralysis injury compensation following an accident at work.
• Read more about when you could be entitled to sick pay after an injury.
• Find out about claiming for an accident in a car park.

Further information

• NHS – First aid after an incident
• Highway Code – Rules for drivers and motorcyclists
• Health and Safety Executive (HSE) – Manual handling at Work

Thank you for reading our guide on when you could make a serious back injury claim. Our team of advisors are available to answer your questions, address any concerns and assess the validity of your potential claim. You can get in touch using the contact details above.

Written by Clark

Edited by Mitchell